• Blocking Broadcom’s Takeover Ensures U.S. Security

    President Trump’s recently halting Broadcom from a hostile takeover of Qualcomm is good news for American national security. Some have cast the administration’s intervention as “protectionism.”  Those people are ignoring the main point. The president’s order preserving the U.S. firm’s independence acted, as the Wall Street Journal said, on “national-security concerns in this case [that] are legitimate.” … Had Mr. Trump not stopped Broadcom, U.S.-based technology may not set the standards —…

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  • VirnetX Awarded $502.6 Million in Fourth Jury Trial against Apple

    On Tuesday, April 10, 2018, a federal jury in Eastern District of Texas awarded VirnetX Holding Corp. (VHC) with a $502.6 million verdict against Apple Inc. finding that Apple was infringing 4 secure communications patents – providing a new chapter to the now eight-year old battle between Zephyr Cove, Nevada based VirnetX and Cupertino-based Apple, Inc.

    The post VirnetX Awarded $502.6 Million in Fourth Jury Trial against Apple appeared first on IPWatchdog.com | Patents & Patent Law.

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  • 環境

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    環境

    (CIRCUMSTANCES)
    $$ A particular advantage of the present invention is that it allows the use of a fibrin sealant in circumstances where the patien…

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  • Merck loses at CAFC in appeal concerning: U.S. Patent Application No. 12/688,034, titled “Use of Folates for the Prevention and Treatment of Vascular Diseases.”

    The basis for the challenge:


    Merck’s challenge ultimately rests on its contention
    that the Board’s reading of van Etten, on which the
    Board’s findings of fact rest, is simply unreasonable and
    therefore unsupported by substantial evidence. See
    TriVascular, Inc. v. Samuels, 812 F.3d 1056, 1061 (Fed.
    Cir. 2016) (“Substantial evidence ‘means such relevant
    evidence as a reasonable mind might accept as adequate
    to support a conclusion.’”) (quoting Consol. Edison Co. v.
    NLRB, 305 U.S. 197, 229 (1938))
    . This standard does not
    require the Board’s reading of van Etten to be the only
    reasonable one for us to uphold it. “[T]he possibility of
    drawing two inconsistent conclusions from the evidence
    does not prevent an administrative agency’s finding from
    being supported by substantial evidence.” Consolo v. Fed.
    Maritime Comm’n, 383 U.S. 607, 620 (1966); see In re
    Jolley, 308 F.3d 1317, 1320 (Fed. Cir. 2002) (“If the evidence
    in record will support several reasonable but contradictory
    conclusions, we will not find the Board’s
    decision unsupported by substantial evidence simply
    because the Board chose one conclusion over another
    plausible alternative.”); AK Steel Corp. v. United States,
    192 F.3d 1367, 1371 (Fed. Cir. 1999).

    The CAFC did not adopt Merck’s view:


    We need not and do not decide whether Merck’s view
    of what van Etten teaches is the better view. We conclude
    only that Merck’s view is not the only reasonable view.
    Above we italicized excerpts from van Etten that support
    the key findings of the Board. Those excerpts are reasonably
    capable of being read as conveying sufficiently positive
    implications about the use of folate alone—without
    also administering other substances, like serotonin,
    related to NO-mediated endothelial-dependent vasomotor
    responses—that they would provide a relevant skilled
    artisan a motivation to do what claim 35 requires with a
    reasonable expectation of success and not leave the artisan
    discouraged from doing so by the article as a whole
    within the meaning of the “teaching away” principle. See,
    e.g., DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc.,
    567 F.3d 1314, 1327 (Fed. Cir. 2009).

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  • USPTO Director Andrei Iancu on Patent Policy

    USPTO Director Andrei Iancu gave the keynote address at the April 11, 2018 Patent Policy Conference hosted by the U.S. Chamber of Commerce. The following is an excerpt: … Dr. Eli Harari … risked everything: his career, his finances, and his family. That first company actually did not work out well, but a few years […]

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