60 of Hagley’s patent models to tour China
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PATENT NEWS
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In: PATENT NEWS
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In: PATENT NEWS
95 Theses on Stays in Patent Cases
The comparison is based on stays in infringement disputes in which a parallel European opposition proceeding is pending. Substantial differences emerge. A following investigation of the legal arguments for handling stays in Germany raises serious concerns about the German practice with regard to …
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In: PATENT NEWS
PTO Clarifies Written Description Guidance for Claims Drawn to Antibodies
The US Patent and Trademark Office (PTO) issued a memorandum to patent examiners clarifying the written description requirement of 35 USC § 112(a) for claims drawn to antibodies. The memorandum was spurred by the US Court of Appeals for the Federal Circuit 2017 decision in Amgen v. Sanofi …
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In: PATENT NEWS
ORACLE AMERICA, INC. V. GOOGLE LLC
While the Supreme Court recently held that fair use is a mixed question of fact and law, it did not explain what portions of the inquiry were factual or legal. The Federal Circuit held that the ultimate conclusion is a legal question, but historical facts (such as the origin and... Continue reading
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In: PATENT NEWS
Roof Patent Application’s Rejection Affirmed By Fed. Circ.
Law360 (March 27, 2018, 8:05 PM EDT) — The Federal Circuit on Tuesday upheld a decision from the Patent Trial and Appeal Board rejecting an … LLC’s patent application were obvious based on earlier roofing systems, and said that there was substantial evidence to support the board’s findings.
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In: PATENT NEWS
Groundhog Day for Google at Federal Circuit
Welcome to Skilled in the Art. I’m Law.com IP reporter Scott Graham. At 6 a.m. my alarm clock went off playing I Got You Babe and moments later Judge O’Malley was reversing another Oracle v. Google judgment. I’ve got some thoughts on this ruling below, plus a rundown of some... Continue reading
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In: PATENT NEWS
WTO Dispute Roundup: China Hits Back In US IP Brawl
Law360 (March 27, 2018, 6:29 PM EDT) — In Law360’s latest glimpse of the World Trade Organization’s Dispute Settlement Body, the new U.S.-China battle over intellectual property escalates, Canada’s challenge of U.S. lumber duties stalls and the impasse over Appellate Body vacancies continues to …
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In: PATENT NEWS
Escaping Summary Judgment Under § 101
Setting a new course with respect to 35 USC § 101 litigation issues, the US Court of Appeals for the Federal Circuit held that the issue of whether a claim recites patent eligible subject matter—a traditional question of law—may also contain disputes over underlying facts sufficient to prevent a court... Continue reading
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In: PATENT NEWS
3 Things To Know As 1st Patent Derivation Gets Underway
Law360 (March 27, 2018, 5:06 PM EDT) — The Patent Trial and Appeal Board instituted its first-ever derivation proceeding last week, putting a … Derivation proceedings were established by the America Invents Act and are used to determine whether an issued patent was actually derived from the work …
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In: PATENT NEWS
Federal Circuit sends Oracle v. Google back for third trial
Oracle asked for a judgment as a matter of law — that is, for the judge to toss out the freshly entered jury verdict and start a new trial. The judge, who had at this point been presiding over this case for, like, six years, chose not to. Today, the... Continue reading