• New Local Pharmaceutical Plant Expected To Enhance Access To Drugs In Kenya

    Kenya’s pharmaceutical products manufacturing sector is hopeful it will experience significant growth after the Square Pharmaceuticals ltd (SPL) of Bangladesh commissioned a US$ 75 million plant in the East African nation this week. [A reminder: this story, like all of our stories, is completely free for almost every developing country in the world. Just sign up for a free password here!]

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  • Inside Views: Morrison & Foerster’s 2018 Predictions On Intersection Of Technology And Law—From Web Scraping To Blockchain

    From the Morrison & Foerster Socially Aware blog: Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and cryptocurrencies in the spotlight, and a number of closely watched lawsuits moving toward resolution, 2018 promises to be an exciting year in the world of emerging technology and Internet law.

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  • En Banc Federal Circuit Reverses Achates, Time-Bar Determination is Appealable

    Inter Partes Review proceedings (IPRs) are subject to statutory timing provisions. The Court, sitting en banc, reviewed whether PTAB decisions determining whether an IPR was timely filed are appealable. More specifically, the Court considered whether the bar on judicial review of institution decisions, under Section 314(d), applies to the Board’s time-bar determinations, under Section 315(b)… Time-bar determinations by the patent office are reviewable by the Federal Circuit.

    The post En Banc…

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  • Contributors: JPO Invalidates The Word Mark “Bord’or” In Relation To Bordeaux Wines

    In a decision in an invalidation trial jointly claimed by INSTITUT NATIONAL DE L’ORIGINE ET DE LA QUALITE and CONSEIL INTERPROFESSIONNEL DU VIN DE BORDEAUX, the Invalidation Board of Japan Patent Office (JPO) ordered the invalidation of trademark registration no. 5737079 for a word mark “Bord’or” in script fonts (see below) in violation of Article 4(1)(vii) of the Trademark Law, writes Masaki Mikami.

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  • 大型(大型化)

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    大型(大型化)

    (BIG)
    $$ Bigger apparatus may connect to a 3-phase supply. / 大型の装置は、三相電力供給システムに接続される。(U…

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  • Losing on Summary Judgment Doesn’t Make a Case "Exceptional" for Purposes of Fee Award

    Dennis Crouch has already blogged about this morning’s nonprecedential opinion in Honeywell Int’l Inc. v. Fujifilm Corp., and the opinion itself is only five pages long, so I won’t take much space discussing it here.  Basically, Honeywell asserted a patent against Fujifilm, but the latter succeeded in proving on a motion for summary judgment that the patent was invalid under the on-sale bar (Patent Act section 102(b)).  The Federal Circuit subsequently affirmed that judgment, and the matter eventually returned to the district court on Fujifilm’s motion for attorneys’ fees.  The district court applied the Octane Fitness standard for determining “exceptional case” and denied the motion, engaging in what the Federal Circuit refers to as “a detailed and structured analysis.”  In this appeal, Fujifilm argues that it was an abuse of discretion for the district court to deny the few award, but the Federal Circuit disagrees:
    . . . we cannot say that the district court abused its discretion in denying fees. The district court applied the correct legal test under § 285 and Octane. Indeed, it examined the totality of the circumstances—including all of the circumstances raised by appellants on appeal—to determine whether this case stood out from others. . . . The district court’s analysis demonstrated the totality-of-the-circumstances approach, detailing the reasons why Honeywell’s positions on the merits and litigation tactics did not make this case, in its judgment, exceptional. The district court’s fact findings on the issue are not clearly erroneous. Further, we agree with the district court that losing a summary judgment motion should not automatically result in a finding of exceptional conduct. The district court did not abuse its discretion in denying appellants’ motions for attorneys’ fees. We affirm.
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  • Issa stepping down from House

    Joining Rep. Goodlatte, Rep. Darrell Issa has also announced his retirement from the House of Representatives.  For the past several years, these two have been the most active House members in the patent law area.   I received a funny email from Paul Morinville’s US Inventor group stating that “Thousands of US inventors are applauding Rep. […]

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  • What Deference Looks Like Attorney Fee Cases.

    by Dennis Crouch Honeywell v. Fujifilm (Fed. Cir. 2018) Honeywell sued Fujifilm and others for infringing its U.S. Patent No. 5,280,371 (LCD Display patent). However, the district court dismissed the case on summary judgment after finding the claims barred under 35 U.S.C. § 102.  Although siding with the defendants on the merits, Judge Stark (D.Del.) refused to […]

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  • Brazilian PTO Considers Automatically Granting 231,000 Patents to Get Rid of Backlog

    The Brazilian Government is considering the adoption of an emergency measure to eliminate the Patent Office chronic backlog problem by automatically granting, without examination, 230,000 pending applications until 2020. The emergency measure has been labelled by the Government as an “extraordinary solution” and a draft of the plan was introduced for public discussion. Companies may soon need to deploy a strategy within a time-frame as short as 90 days to take full advantage of the new system…

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