• SimpleAir v. Google: Consider the Scope of the Claims in a Claim Preclusion Analysis

    On March 12, 2018, the Federal Circuit held in SimpleAir, Inc. v. Google LLC, No. 2016-2738, that a terminal disclaimer does not raise a presumption that a continuation patent is patentably indistinct from its parent patent.  In SimpleAir, the issue was whether an action asserting infringement of two patents was barred by claim preclusion or the Kessler doctrine when the same activity had been judged not infringing in earlier litigations involving other patents in the same family, all of which…

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  • Amazon’s Big Brother Technologies: Tracking Life Milestones and Predicting a User’s Future Location

    With data privacy concerns at the forefront in the wake of the Cambridge Analytica data scandal, it seems that Amazon isn’t completely in the clear when it comes to the security of consumer data on their platforms. Recent reports indicate that Amazon’s Mechanical Turk online worker marketplace was another platform targeted by the data collecting quiz application developed by Aleksandr Kogan, the Cambridge app developer behind the Facebook scandal. Data privacy concerns have also surfaced…

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  • Upcoming Denver IP Conferences

    If you are looking for an excuse to visit Denver this June, there are three IP programs worth your attention. The annual Denver IP Institute will be held May 31 – June 1:  [Link]; There is a 2 1/2 day PCT seminar being held June 13-15 [Link]; and The AIPLA Electronics and Computer Law Summit […]

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  • Quarantining Bayh-Dole

    Quarantining Bayh-Dole

    by Dennis Crouch

    National Institute of Standards and Technology (NIST) (a branch of the Department of Commerce) has announced a new initiative to “improve federal technology transfer” along with a Request for Information (RFI) published in the Federal Register.  The government is looking to “gather information about the current state of Federal technology transfer and the public’s ability to engage with Federal laboratories and access federally funded R&D through collaborations, licensing, and other mechanisms.”

    The agency is broadly seeking for comments on topics including:

    1. Best practices in federal technology transfer (what are we doing right . . . and wrong);
    2. Improving efficiency and reducing regulatory burdens in order to attract private sector investment in later-stage R&D, commercialization, and advanced manufacturing;
    3. Ideas for new partnership models with the private sector, academia, other Federal agencies.
    4. Metrics and methods for evaluating the ROI outcomes and impacts arising from Federal R&D investment; and
    5. Mechanisms for significantly increasing technology transfer outcomes from the Federal sector, universities, and research organizations.

    Looming large in the background of current Federal Policy is the the Bayh-Dole Act that allows universities and companies to privately patent the results of federally funded research. 

    Continue reading Quarantining Bayh-Dole at Patently-O.

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  • 基準となる



    $$ The servo track pattern becomes the master reference which is used by the disk drive during normal operation in order to lo…

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  • Companies in CRISPR

    Celgene is selling part of its share in CRISPR Therapeutics.

    From FiercePharma:

    Bill Lundberg, M.D., has stepped down as CSO of CRISPR Therapeutics. News of Lundberg’s departure emerged on the same day
    Celgene revealed it has sold another chunk of its once-double-digit stake in the CRISPR/Cas9 gene editing startup.

    Lundberg landed at CRISPR in 2015 with a brief to lead the establishment of its R&D operation. With the Cambridge, MA
    facility ticking over and the most advanced candidates developed at the site on the cusp of the clinic,
    Lundeberg is moving on. Lundberg’s departure is immediate but the ex-Alexion VP will continue to help CRISPR as a senior advisor and as head of its scientific advisory board.

    The departure leaves CRISPR without a CSO. In the absence of Lundberg, Tony Ho, M.D., will oversee CRISPR’s R&D activities.
    CRISPR appointed Ho, who previously worked at AstraZeneca and Merck, as its head of R&D in August. Ho inherits a broad
    preclinical pipeline of ex vivo and in vivo CRISPR/Cas9 programs CRISPR hopes will quell doubts about whether the technology is ready for prime time.

    link: https://www.fiercebiotech.com/biotech/crispr-cso-departs-as-celgene-continues-to-sell-stock.

    Delgene has a tie-in to Editas:

    Editas is partnering with Juno Therapeutics, which was acquired by Celgene earlier this year, on use of CRISPR
    to engineer T cells for treating cancer. The company thinks its technology could significantly expand the types of cancer that can be treated by CAR-T.

    Taken from Motley Fool, https://www.fool.com/investing/2018/05/01/top-gene-editing-stocks-for-long-term-investors.aspx

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  • CAFC shuffles from mootness to lack of jurisdiction

    The technology involved card shufflers for gaming:

    SHFL supplies gaming products, such as automatic
    card shufflers used in casinos. It owns the ’935 and ’982
    patents, which share a common specification that discloses
    card shuffling devices and methods of randomizing
    cards using the shuffling devices. DigiDeal similarly
    manufactures and markets gaming equipment, including
    an automatic single deck card shuffler known as the
    DigiShuffleTM (DigiShuffle).

    An issue was the distinction in dismissal for mootness vs.
    lack of jurisdiction:

    Suits based on cancelled claims must be dismissed for
    lack of jurisdiction, however. Foster v. Carson, 347 F.3d
    742, 745 (9th Cir. 2003) (“Mootness is a jurisdictional
    issue, and federal courts have no jurisdiction to hear a
    case that is moot, that is, where no actual or live controversy
    exists. If there is no longer a possibility that an
    appellant can obtain relief for his claim, that claim is
    moot and must be dismissed for lack of jurisdiction.”
    (citations and quotation marks omitted)); see also Target
    Training Int’l, Ltd. v. Extended Disc N. Am., Inc., 645 F.
    App’x 1018, 1023 (Fed. Cir. 2016) (upholding the district
    court’s dismissal for lack of jurisdiction because Fresenius
    rendered the suit moot as to the claims cancelled after
    reexamination). Accordingly, we vacate the entry of
    summary judgment as to the cancelled claims of the ’935
    patent, and remand for the district court to dismiss the
    claims from the action for lack of jurisdiction.


    SHFL Entertainment, Inc. sued DigiDeal Corporation
    in the U.S. District Court for the District of Nevada for
    infringement of U.S. Patent Nos. 6,651,982 and 7,523,935.
    While the litigation was pending, the U.S. Patent and
    Trademark Office reexamined the patents, cancelling all
    originally asserted claims of the ’935 patent and confirming
    a new claim as patentable, and confirming all originally
    asserted claims of the ’982 patent in their amended
    form and two new claims as patentable. Based on the
    results of the reexaminations, the court found the entire
    suit moot and entered summary judgment against SHFL.
    The district court correctly found the case moot as to
    the cancelled claims of the ’935 patent. Suits based on
    cancelled claims must be dismissed for lack of jurisdiction,
    however. We thus vacate the entry of summary judgment
    as to the cancelled claims, and remand for the court to
    dismiss that part of the action for lack of jurisdiction.
    In addition, the court failed to determine whether the
    new and amended claims that emerged from the reexaminations
    of the two patents are substantially identical to
    the claims originally asserted in the action. We therefore
    vacate the grant of summary judgment as to those claims,
    and remand for the court to make that determination.

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