Wouldn’t it be nice if your car’s infotainment system was as full-featured and easy-to-use as your phone? That’s the appeal of Apple’s CarPlay …Continue Reading ...
KCRGUIHC spent more than $641000 on Ebola response
Since the world’s largest Ebola epidemic began in West Africa more than a year ago, the University of Iowa Hospitals and Clinics has spent more than $641,409 preparing to treat an Ebola patient — including producing its own protective gear. That total …
Eligibility 101: Motion to Dismiss Ends Another Patent
In a short-but-important opinion, the Federal Circuit has affirmed a district court’s finding (on motion-to-dismiss) that OIP’s patent claims are invalid as lacking patent eligible subject matter. The claims are directed to a multi-step process of …
A year in review: the impact of Octane Fitness and Highmark on attorney’s fee …Lexology (registration)
The second full session of this year’s IPBC Global 2015 Intellectual Property Business Conference addressed “Inventor insights” — an innovation in itself, since the IPBC has not previously organised a session on this topic. Its participants, mode…Continue Reading ...
Acquisition of Sigma-Aldrich by Merck KGaA, Darmstadt, Germany, Receives …
Antitrust clearance has also been obtained in the United States, Russia, Serbia, Ukraine, South Africa and Taiwan. … In particular, management’s expectations regarding this Transaction could be affected by, among other things, the Company’s ability …
Late breaking news from Carl Oppedahl’s blog: a brand new pilot program at the PTAB allows an Applicant to get special priority for one application already on appeal, by withdrawing the appeal of another application. “Special priority” means a PTAB “goal” of appeal decision no more than 4 months after the petition for special status is granted.
Note the PTAB only promises to keep this program around for about a week (expires June 19, 2015), or until 2,000 appeals are made special, whichever comes first. The PTAB may choose to extend the program, depending on the results of the pilot. The “Pre Appeal Brief Conference” (PABC) program has been around since 2005 – and is still officially a “pilot pogram.” Not sure if it makes any difference, but the PABC is administered by the PTO generally, where this new one appears to be administered directly by the PTAB.Continue Reading ...
Patently-OMedian Patent Prosecution Pendency
The chart below shows the median patent prosecution pendency over the past decade (2005-2015). You’ll note a steady rise in pendency up until 2010 with a subsequent steady fall since that time. I expect that median pendency will continue to fall over …
Managing Intellectual Property (subscription) (blog)Jawbone Sues Fitbit (FIT) Over Alleged Patent Infringement
Jawbone and BodyMedia allege that we are infringing three U.S. patents held by Jawbone or BodyMedia: U.S. Patent No. 8,446,275 titled “General Health and Wellness Management Method and Apparatus For A Wellness Application Using Data From a …
Fitbit, Jawbone, Kyle Bass, PTAB, iWatch – the week in IPManaging Intellectual Property (subscription) (blog)
The National Law ReviewFederal Circuit Finds Sequenom’s Diagnostics Patent Claims Patent Ineligible …
Mondaq News Alerts (registration)
In Ariosa Diagnostics, Inc., et al. v. Sequenom, Inc. et al., Nos. 2014-1139 and 2014-1144 (Fed. Cir. June 12, 2015), the Federal Circuit affirmed a district court’s finding on summary judgment that certain method claims of Sequenom’s U.S. Patent No. 6 …
Federal Circuit hold Sequenom diagnostic method patent invalid under 101Lexology (registration)
Sequenom Comments On US Court Of Appeals For The Federal Circuit Ruling …MarketWatch
Guest Post by Prof. Lefstin: Ariosa v. Sequenom and the Path Ahead for Subject …Patently-O
It’s time to celebrate reaching another memorable if admittedly arbitrary milestone in the IPKat’s long and endless trek through the wonderful world of intellectual property. This week sees our 50th ‘Never Too Late’ feature, which has saved time, effort and bitten fingernails for many a reader seeking to catch up swiftly on developments over the previous week as recorded on this weblog. Almost all of these updates have been compiled and crafted by our good friend and dedicated colleague Alberto Bellan, to whom the IPKat and Merpel raise their paws in a respectful and grateful salute.
Don’t forget: there’s also a mini-summary at the bottom of the post that lists the features carried by this weblog over the previous month.
Last week’s substantive Katposts look like this:
After posting this report of the Court of Appeal, England and Wales, judgment delivered by Lord Justice Floyd in Warner-Lambert Company, LLC v Actavis Group Ptc EHF & Others  EWCA Civ 556, Darren reflects on what it all means and asks if maybe all the judges in this litigation got it wrong.Valentina explains Case T-559/13 Giovanni Cosmetics Inc. v OHIM, Vasconcelos & Gonçalves SA, where the Court had to decide on a likelihood of confusion between two Italian-sounding marks for cosmetics.IP enforcement and IP conferences are like a pendulum, Jeremy says. In times of plenty, people avoid going to court and spend their time making money through commercial exploitation. In times of recession, though, they rush to litigate in order to preserve their rights. The past couple of years, though, has been a bit on an exception — and “IP litigation and Enforcement”, the next IQPC event (London, 2 and 3 July), demonstrates this. Kat-discounts available!A few months ago, Eleonora reported on a new reference to the Court of Justice of the European Union (CJEU). seeking clarification as to whether — among other things — the provider of password-free free WiFi may be liable for third-party copyright infringements. Now, the Electronic Frontier Foundation has just published an open letter on that point. Katfriend Martin Husovec tells all.A German newspaper reports that computers on the EPO premises which were available for use by the public, by attorneys visiting the office, and by members of the Administrative Council, had keylogger software installed, which could have recorded all user inputs as well as taken snapshots of the screen and photos. Merpel has her say on that Eponian spy-story.There’s a tussle between superstar Rihanna and DC Comics over a name in which they have a mutual interest. Katfriend and former guest Kat Rebecca Gulbul covers it.CJEU’s Advocate General Wathelet delivered his Opinion in the keenly-awaited dispute in Case C‑215/14Société des Produits Nestlé SA v Cadbury UK Ltd, a reference from Mr Justice Arnold in the Chancery Division of the High Court, England and Wales [noted by the IPKat here and here]. As Jeremy explains, it deals with the ‘Kit Kat’ chocolate-snack and its protection as trade mark.In the Netherlands, the Gelderland District Court has just rejected an attempt to protect through copyright the taste of an allegedly original work of authorship, this being a snack …The title of Valentina’s great post is quite self-explanatory
* “Three aspects of information: Current issues in trade secrets, client confidentiality and privilege”: a reportAgain Katfriend Rebecca Gulbul provides this report on “Three aspects of information: Current issues in trade secrets, client confidentiality and privilege”, a CIPA-IPKat seminar that took place past Wednesday.How might 3D printing affect the counterfeiting business? Neil tries to foresee what consequences the most debated — and, perhaps, overrated – new technology may have for the dark side.Occasional IP blogger and Katfriend Thomas Dubuisson has sent us the following account of some forthcoming patent litigation which should be of the greatest interest to fair, reasonable and non-discriminatory (FRAND) IP licence enthusiasts in Europe.******************PREVIOUSLY, ON NEVER TOO LATENever too late 49 [week ending on Sunday 31 May] - Another copyright-exhaustion-and-software reference to the CJEU | ORO trade marks and GC | Patent Reform in EU | Copyright in the Bahamas | More and more references to the CJEU: communication to the public and linking | Trade secrets and the FoMo phenomenon | Independence of EPO’s BoA.Never too late 48 [week ending on Sunday 31 May] - The meaning of EPO appeal system | 3D Printing and the law | Epo and external investigation firms | Umbrella designs | US Supreme Court in Commil USA, LLC v Cisco Systems | European Inventor Award | FIFA and brand integrity | Warner-Lambert v Actavis | Wine in Black GmbH v OHIM | IP and busking | Swiss-style claims.Never too late 47 [week ending on Sunday 24 May] - Nicolas Sarkozy and the IP | Another reference on TM licences to the CJEU | UPC test-drive | Swatch v Swatchball | New Lisbon Treaty on appellations of origin and geographical indications | UP renewal fees | Synthon v Teva | GC on Yoshida | UPC Court fees event | EPO staff under fire | The trade-secret option | Damages |AstraZeneca AB & Another v KRKA dd Novo Mesto & Another | F1 back on stage.Never too late 46 [week ending on Sunday 17 May] – Whyte & MacKay Ltd v Origin Wine UK Ltd and Dolce Co Invest Inc | “Three aspects of information: Current issues in trade secrets, client confidentiality and privilege” — a new event | CJEU upon distribution right inDimensione Direct Sales srl and Michele Labianca v Knoll International SpA| UK Supreme Court on Mere reputation and passing-off | 14 million kat-thanks | Actual confusion at INTA | Italy’s twist on UP Package | Moral authorship over promotional spot in Italy.
For a conference session on IP andbusiness, held in the Gold Ballroom, what could be a better symbol?”Small, but perfectly formed” was the title of the first post-prandial breakout session of the IPBC Global 2015 event [for the two morning session…Continue Reading ...
Guy Who Inspired The Term ‘Patent Troll’ May Be Leaving The Patent Trolling …
Anyone remember Ray Niro? He’s the lawyer who so perfected patent trolling that the term “patent trolling” was first used (by future patent troll Peter Detkin) back in the 1990s to describe… Ray Niro for his lawsuits. Niro was the original uber …
ABC OnlineBreast cancer gene: High Court to hear whether Myriad Genetics’ gene patent …
A landmark test case on patenting the breast cancer gene will begin in the High Court of Australia in Canberra today. Queensland cancer survivor Yvonne D’Arcy brought the case against US company Myriad Genetics after it was granted the patent to a …
Proposed Bill May Improve Patent Owner Chances in America Invents Act ReviewsThe National Law ReviewSince the inception of post-grant proceedings (e.g., inter partes reviews (IPRs), post-grant reviews (PGRs)) under the America Invents Act (AIA), many p…Continue Reading ...
ExtremeTechGoogle looks to patent smart contact lenses for ‘iris fingerprint’ detection
Google’s getting more and more fascinated with biometric security measures. According to a recent patent filing, the Mountain View, California search engine giant is looking to integrate fingerprint authentication into its latest Android M update that …
The IPBC Global 2015 Intellectual Property Business Conference (hashtag #ipbc15) opened this morning in the grand and glorious Palace Hotel, San Francisco. This conference is the social and professional cutting-edge of highly regarded journal Int…Continue Reading ...
SK Telecom, KT, and LG Uplus have finished preparing for communication network to commercialize Multi-Path which is a national standard technology. It is known that these mobile carriers are coming up with a name for Multi-Path service before they rele…Continue Reading ...
Medical XpressKSU team gets U.S. patent on early cancer detection technologyTopeka Capital JournalResearchers at Kansas State University have received a U.S. patent on a new technology to detect cancer cells and tumors in early stages, even before the …Continue Reading ...
The National Law ReviewFederal Circuit Hold Sequenom Diagnostic Method Patent Invalid Under 101
The National Law Review
Sequenomn, Inc., affirming the district court’s finding that Sequenom’s claims are invalid under 35 USC § 101. The court’s decision shows the sweeping impact of the Supreme Court’s decision in Mayo v. Prometheus on the patent eligibility of diagnostic …
Appeals Court Upholds Invalidity of Sequenom PatentGenetic Engineering & Biotechnology News (blog)
Federal Circuit Finds Sequenom’s Diagnostics Patent Claims Patent Ineligible …Mondaq News Alerts (registration)
Prenatal DNA test patent invalid, US appeals court saysReuters
- Inventorship and Third-Party Prototype Production
- Panel Brings Out Key Public Interest Issues In Gene Editing Technology
- A patent without enforcement value has no licensing value
- DAIRY PRIDE Act would clear up consumer milk confusion between dairy products and plant-based beverages
- DAIRY PRIDE Act would clear up consumer milk confusion between dairy products and plant-based beverages