A group of civil society organisations is calling for endorsements of a letter to the World Trade Organization prior to the upcoming Ministerial meeting in December aimed at preventing alleged efforts by rich countries to tighten international trade rules and introduce corporate “wish-list” issues from free trade agreements into the WTO.Continue Reading ...
By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Forest Laboratories LLC et al. v. Amneal Pharmaceuticals LLC et al. 1:15-cv-00756; filed August 27, 2015 in the District Court of Delaware • Plaintiffs: Forest Laboratories LLC; Forest Laboratories Holdings Ltd.; Adamas Pharmaceuticals Inc. • Defendants: Amneal Pharmaceuticals LLC; Amneal Pharmaceuticals of New York LLC; Par Pharmaceutical, Inc. Infringement of U.S. Patent Nos. 8,039,009 (“Modified Release Formulations of Memantine Oral dosage Forms,” issued October 18, 2011), 8,058,291 (“Methods and Compositions For the Treatment of CNS-Related Conditions,” issued November 15, 2011),…Continue Reading ...
Takeaway: If an application is a continuation of an abandoned application, but is not filed until after the abandoned application went abandoned and there is no incorporation by reference of the abandoned application into the continuation, then the continuation is … Continue reading →Continue Reading ...
Dr. Arunachalam has no chance of winning her now pro se patent case against J.P. Morgan Chase – but the sentiments that he puts forth in his petition for writ of certiorari are felt by many who are sidelined by the complexity and expense of the U.S. patent system. She asks: Is the Court of […]Continue Reading ...
The World of Coca-Cola website notes
Throughout December, Coca‑Cola Freestyle in Taste It! will feature two new mixes: Secret Santa and Mistletoe Flow. Sprite Cranberry Zero is also back by popular demand for a third year, offering a refreshing blend of Sprite with its zero-calorie formula and a splash of sweet and tart cranberry notes. Both Sprite Cranberry and Sprite Cranberry Zero will be available in stores for a limited time this holiday season.
Here in Central New Jersey, the freestyle machines have THREE holiday flavors:
with the last tasting somewhat like a birch beer.
The display on the freestyle machine does not indicate any of the three names are trademarked.Continue Reading ...
One thing is certain in these tumultuous times, the business of patents has changed. The days of bulk buying at $10,000 per patent have ended; public IP companies are under legislative and shareholder pressure; and, IPR’s have significantly impacted the value of weak patents. These are just some of the examples of significant business changes. So what is a patent owner to do when they want to monetize their patents? There are only three options for patent owners: they can license their…
Continue Reading ...
A comment to the PatentlyO post titled Follow-Up: Professor Chien’s More Nuanced Arguments on the Chien/Risch op-ed in the Wall Street Journal [WSJ] notes:
This group is close to saying, yes I trashed the patent system, but it was good for my career. Once I get the full-professorship and the millions in the stock fund, I’ll reevaluate everything.
Unbelievable that people like this are hired by universities.
In his post, Dennis Crouch had stated:
The Chien article particularly addresses the concerns that I had with WSJ essay, which is why I was surprised to see the completely different focus of that WSJ essay. I thought she had also changed course. According to Chien, the emphasis and framing in the WSJ essay were the result of heavy WSJ editing rather than any backtracking from her prior work.
In fact, the abstract of the Chien law review article, discussed in PatentlyO, is not about patent hold-out by small entities attacked by patent trolls, but rather about patent hold-out by large entities attacked by small entities. Whether these are “more nuanced” thoughts remains to be seen.
**Returning to the above-noted comment at PatentlyO (7.1.1), as to opportunistic professors, one notes recent developments
in South Korea:
South Korea is set to indict 200 professors from several of the country’s universities for alleged copyright violations after they republished books by other authors under their own names, the Korea Herald newspaper reported Wednesday.
Professors from 50 universities, as well as four employees of a publishing company, are implicated in the scandal, Korean prosecutors said, with most of them having already confessing their involvement.
The professors’ actions were reportedly done in a bid to boost their academic standing before rehiring-related assessments. The Herald also reported that many of the original authors were also complicit in the scheme for fear of invoking the publishers’ displeasure over future book deals.
New York Times on self-plagiarism :
The New York Times does not ordinarily reprint material that has been previously published; Op-Ed contributors are asked to affirm that their work is original, and exclusive to The Times. Had The Times known that portions of the essay were copied from an earlier work, it would not have accepted the essay for publication.
***As to the Chien/Risch matter:
***UPDATE on 30 Nov 2015. Comment 16.3 on the PatentlyO thread:
November 30, 2015 at 10:25 am
In those few cases where a paper sought an opinion piece from me on anything, I insisted on seeing all edits before it was published. If the edits rendered the article no longer my opinion, I told the paper to remove my name.
Chien’s behavior strikes me as bizarre to say the least and possibly even risky to her as well as to those she represents.Continue Reading ...
The Corporate Counsel Committee of the Federal Circuit Bar Association (FCBA) will be offering a webcast entitled “Trade Secrets — A Primer For Practitioners” on December 4, 2015 from 12:00 to 1:00 pm (EST). Charles Matson, Senior Counsel – Innovation, Procter & Gamble will moderate a panel consisting of R. Mark Halligan of FisherBroyles, LLP; David Simon, Senior Vice President of Intellectual Property, Salesforce; and Thomas A. Stevens, Corporate Counsel – Intellectual Property, DuPont. The panel will cover the basics of trade secret law, enforcement of trade secrets both in civil and criminal courts, pending federal legislation on the civil…Continue Reading ...
Technology Transfer Tactics will be offering a webinar entitled “Optimal Use of Provisional Patent Applications: Best Practices and Pitfalls to Avoid” on December 10, 2015 from 1:00 to 2:00 pm (Eastern). Timothy Lohse and Dale S. Lazar of DLA Piper will discuss the benefits and limitations of provisional applications, and the best practices for using provisional applications. The webinar will cover the following topics: • Under what circumstances will a patent claimant get the most out of a provisional patent application? • Benefits and limitations of provisionals • Identifying and preventing common and damaging mistakes with provisionals • Drawings in…Continue Reading ...
The chair of the World Intellectual Property Organization copyright committee has issued a new consolidated text on definitions, what should be protected, and the rights to be granted to broadcasters. The text comes in the lead-up to the next meeting o…Continue Reading ...
Since posting the first few items on the IP Finance weblog back in January 2008 I have greatly enjoyed my part in what soon became a team effort in seeking to promote greater awareness of those areas of IP law and practice that border financial issues….Continue Reading ...
December 1, 2015 – Efficient patent prosecution (U.S. Patent and Trademark Office’s Dallas Office) – 2:30 to 5:30 pm (CT) – Dallas, TX December 2, 2015 – “USPTO’s Subject Matter Eligibility: An Update” (Knowledge Group) – 3:00 to 5:00 pm (ET) December …Continue Reading ...
Nautilus v. Biosig (Supreme Court 2015) (SCOTUS ROUND II) In Nautilus (2014), the Supreme Court significantly heightened the standard for definiteness in patent cases – now requiring that claim scope be delineated with “reasonable certainty.” Previously, the Federal Circuit had only invalidated claims that were both “insolubly ambiguous” and not amenable to construction. On remand, the […]Continue Reading ...
In a somewhat surprising post on 27 November 2015, the New York Times spoke favorably of the efforts by Kyle Bass challenging drug patents using inter partes review:Still, shedding light on patent missteps, especially given the high drug costs they ena…Continue Reading ...
Charles Osgood on “the empty chair,” introducing the Susan Spencer cover story on the 84,000 deemed “missing.” Lee Cowan on striking a chord on Utah musicians. Ben Tracey does Sunday Morning Profile on Carey Mulligan. Luke Burbank on Bentonville, Arkansas and the squirrel cook-off. Erin Moriarty on David Remnick
Headlines. Robert Louis Deer in Colorado Springs. Pope Francis in Central African Republic. Deaths blamed on stormy weather. Egypt on King Tut’s tomb. Weather: rain, ice, snow.
Fact: In store sales down 10%; online sales up 14.3%
Susan Spencer begins with Andrew Meacham of Tampa on Stuart Fletcher Currin. Fletcher srarted to think FBI after him. Then he fell off the eather, around August 1999. Last seen in Seminole, FL at age 44. Meachem tried to find Fletcher. How does someone fall through the cracks. At any given time, 84,000 people are deemed missing. B.J. Spalmer of NamUs, a database of missing persons. Laws are more geared to finding children. No missing person report ever filed for Fletcher. Nanmus case number 99-1145. Bill Pellan of Seminole County, FL. No family members of Fletcher to obtain DNA. Extract DNA from envelopes seal? Yes. The DNA was a match to a body found in Seminole County. Meachem: you don’t just let friends disappear. This case is an example of DNA identification from the saliva used to seal an envelope. [See also June 20, 2015 story at http://www.tampabay.com/news/after-15-years-the-mystery-behind-finding-fletcher-has-been-solved/2234458. Also: http://www.sanfordherald.com/news/dead-man-s–year-journey-comes-to-an-end/article_c7f11849-ce4c-58fc-8dad-44b0169b248c.html]
Almanac. Nov. 29 1890: first Army-Navy football game. Contest almost died in 1894. Teddy Roosevelt got game back in 1899. Harry Truman came to games. Kennedy in 1962. In 1963, score 21-15, Navy [The 1963 game was played on December 7. Remember Roger Staubach and Rollie Stichweh and the ending: Army’s Ken Waldrop falls 2 yards short of the goal line with 18 seconds left in 1963 Army-Navy game, and the Cadets can’t get off another play in 21-15 loss. ] First instant replay used in the 1963 game. Results to date: Navy 59 wins Army 49.
Fact: Day after Thanksgiving is the busiest day for plumbers.
Luke Burbank on “tale of the squirrel” on cooking squirrel in Bentonville, Arkansas. “It just is. Tree to table.” Sustainable use of wild game as table fare. Note: buying or selling wild game meat is illegal. Squirrel sliders. Squirrel bisque. Eating what you hunt, even if it’s a rodent. How does squirrel taste? Squirrel desserts, including ice cream. Winner: squirrel empanadas.
Erin Moriarty on David Remnick, 17 years at the New Yorker. He chooses the covers. Satire is about not going far enough. Good humored brainiac. Legendary cartoons. “The New Yorker Festival.” Lenin’s Tomb. Remnick started at the Washington Post. Married in October 1987; went to Moscow. Hired by Tina Brown. Brown left to form “Talk.” Remnick brought stability to the New Yorker. Spirit of collaboration. Wife: the pragmatics of it is in my hands. Week after 9/11, all cartoons removed from the New Yorker.
Paula Pondstone on screen devices. Addiction hampers judgment. Brain retains information better when read from paper than from a screen. Our children will need fully functioning brains for the future.
Text: The tech industry has profited from the “Every child must have a laptop in the classroom” push, but education hasn’t. Research shows that the brain retains information better read from paper than from a screen, and students who take notes by hand are more successful on tests than those who type their notes on a computer.
Ben Tracey on Carey Mulligan. Born in London. Saw Kevin Bacon doing a one man show in New York. Mulligan received widespread recognition for her performance in the 2009 film An Education. Far from the Madding Crowd.
Next week on Sunday Morning: Frank Sinatra at 100.
Moment of nature. Moose at Gros Ventre Wilderness in Wyoming. Note Gros Ventre is also known for a landslide: the Gros Ventre landslide occurred on June 23, 1925, following the melt from a heavy snowpack and several weeks of heavy rain. Approximately 50,000,000 cu yd (38,000,000 m3) of primarily sedimentary rock slid down the north face of Sheep Mountain, crossed over the Gros Ventre River and raced up the opposing mountainside a distance of 300 feet (91 m). [from Wikipedia]
***Patent connection for November 29:
With certain exceptions, nonprovisional utility and plant applications for patent filed on or after November 29, 2000 are published promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under title 35, United States Code (eighteen-month publication or pre-grant publication (PGPub)). See 35 U.S.C. 122(b).Continue Reading ...
In a November 10 ruling, the Federal Circuit held that routine quality control testing of each batch of a generic drug as part of the commercial production process, after FDA approval, is not protected by the Hatch-Waxman safe harbor provision of 35 U.S.C. § 271(e)(1). However, infringement only occurs under 35 U.S.C. § 271(g), as a result of “making” a product, which does not include quality control testing.
The post Quality Control Testing of Drug is Not Patent Infringement appeared first…
Continue Reading ...
Strafford will be offering a webinar/teleconference entitled “Section 102 and Prior Art: Navigating the Expanded Scope of Prior Art and AIA Exceptions” on December 17, 2015 from 1:00 to 2:30 pm (EST). Anthony D. Del Monaco, Doris Johnson Hines, and Thomas L. Irving of Finnegan Henderson Farabow Garrett & Dunner will provide guidance to patent counsel regarding post-AIA Section 102 and prior art and offer best practices for utilizing prior art in patent applications. The webinar will review the following questions: • How did AIA expand the definition of prior art? • What are the Section 102 exceptions and what…Continue Reading ...
According to Limelight, the district court’s construction of “tagging” was limited to using a “pointer” or “hook” to prepend or insert a virtual server hostname into a URL. The Court rejected “prepending” as a claim limitation because even though the ‘703 patent described prepending as a preference, there was no indication from the claims or prosecution history that tagging was limited to this preferred embodiment. The Court found no error in the jury instructions and held that Limelight was…
Continue Reading ...
The World Intellectual Property Organization committee on enforcement concluded yesterday with an agreement on the future work of the committee. The adoption of this programme was heavily discussed during the week, reflecting the different approaches o…Continue Reading ...