Patent Riffs & Links 4-30-18

Patent News and Links for 4-30-18:

1. G&S Litigation Victory – Alzheimer’s Disease and Related Disorders Association, Inc. v. Alzheimer’s Foundation of America | JDSUPRA
“Marty Edel and Adam Safer secured a victory for the Alzheimer’s Foundation of America (“AFA”) in an action against it by the Alzheimer’s Disease and Related Disorders Association, Inc. (“Association”)…”
Apr 29, 2018

2. Shire LLC v. Abhai, LLC | JDSUPRA “March 22, 2018 Case Name: Shire LLC v. Abhai, LLC, Nos…”
Apr 29, 2018

3. SAS Institute Decision Causes Turmoil At The PTAB | JDSUPRA
“The U.S. Supreme Court’s decision this week in SAS Institute v. Iancu has upended a major provision of the U.S…”
Apr 29, 2018

4. Top Five Reasons to Do a Patentability Search | IP “Do you really need to do a patentability search? YES! Here’s why… ”
Apr 29, 2018

5. The 18th World IP Day: A good day in China for J’adore Dior | IPKITTEN.BLOGSPOT
“On the 18th World Intellectual Property Day, the Supreme People’s Court of China (the SPC) reheard the administrative dispute between PARFUMS CHRISTIAN DIOR (Dior) and the Trademark Review and Adjudication Board of the State Administration for Industry & Commerce (the TRAB) over the “J’adore” 3D mark application…”
Apr 29, 2018

6. PTO Litigation Report – April 30, 2018 | PTOLITIGATIONCENTER
“Listed below are all new filings before the PTAB of petitions for inter partes review (IPR), covered business methods review (CBM), and post grant review (PGR). Since the last report, no new requests for ex parte reexamination at the USPTO have been posted…”
Apr 29, 2018

7. Update: PTAB Releases “Guidance on the Impact of SAS on AIA Trial Proceedings” | JDSUPRA
“The U.S. Supreme Court issued SAS Institute Inc. v. Iancu, 2018 WL 1914661, on April 24, 2018…”
Apr 29, 2018

8. Error 404: Software Patent Clarity Not (Yet) Found | JDSUPRA
“Last week, the Senate Judiciary Committee held an oversight hearing on the U.S. Patent and Trademark Office (USPTO). Newly-appointed Director Andrei Iancu provided refreshing dialogue for inventors—especially those in the software industry—indicating that much needed support for software patents is high on his agenda…”
Apr 29, 2018

9. Fed. Cir. Affirms Unclean Hands Defense in Gilead v. Merck | PATENTS4LIFE
By Warren Woessner: “On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as Sovaldi(r) to treat hepatitis C, sofosbuvir…”
Apr 29, 2018

10. Reactions to Oil States show that patent due process is not dead | IPCLOSEUP
By Bruce Berman: “Two days before World IP Day, on April 24, the Supreme Court of the United States relinquished significant judicial authority for patents to the executive branch in Oil States Energy v. Greene’s Energy…”
Apr 29, 2018

11. Cert Denied in Oil States Follow-On Cases | PATENTLYO
By Dennis Crouch: “Until today, a host of patent cases have been pending before the Supreme Court — hanging onto the coattails of Oil States. Following full affirmance of the IPR regime, the Supreme Court has now denied certiorari in those cases…”
Apr 29, 2018

12. IP rights are essential ingredients to our innovation system | IPWATCHDOG
By Gene Quinn: ““Let’s talk a bit about intellectual property rights,” Undersecretary of Commerce and Director of NIST Walter Copan said at the LES Silicon Valley conference on Wednesday, April 25, 2018. “IP rights are American property rights.” ”
Apr 29, 2018

13. PROGRESSIVE INDUSTRIES v. US [OPINION] | CAFC.USCOURTS.GOV “”

Apr 29, 2018

14. Infringement Claims Barred by Equitable Estoppel Following Ten-Year Delay in Filing Lawsuit | DOCKETREPORT.BLOGSPOT
By Docket Navigator: “The court granted defendant’s motion for summary judgment that plaintiff’s patent infringement claims were barred by equitable estoppel due to its ten-year delay in filing suit and found that defendant was materially prejudiced by plaintiff’s silence following its cease-and-desist letter…”
Apr 29, 2018

15. PTAB: Encrypting Financial Account No. Is Patent-Eligible | B2IPREPORT
By Charles Bieneman: “After a patent examiner in a business methods art unit rejects claims as patent-ineligible under 35 USC § 101 and the Alice test, what does it take for the PTAB to reverse? Here is an example of an ex parte appeal in which the PTAB deemed claims directed to encrypting a financial account number to present a technical solution that survived the Alice test…”
Apr 29, 2018

16. Patents Without Examination: A Bad Solution For The 21st Century | FEEDPROXY.GOOGLE
“IP-Watch and its Health Policy Watch are non-profit independent news services and depend on subscriptions. To access all of our content, please subscribe here. You may also offer additional support with your subscription, or donate…”
Apr 29, 2018

17. Geneva Developed Country Attachés For IP And Health To Meet | FEEDPROXY.GOOGLE
“Developed country attachés in Geneva for intellectual property and for health are invited to meet in a closed session tomorrow to exchange information in the run-up to the annual World Health Assembly taking place in late May…”
Apr 29, 2018

18. Equitable Estoppel Requires Claim Scope Sufficiently Similar to Earlier Claims | IPWATCHDOG
By Joseph Robinson: “John Bean Techs. Corp. v. Morris & Assocs., No…”
Apr 29, 2018

19. Book review: You Don’t Own Me: How Mattel v MGA Entertainment Exposed Barbie’s Dark Side | IPKITTEN.BLOGSPOT
By Mathilde Pavis: “Orly Lobel’s most recent book, You Don’t Own Me, retraces the story behind the infamous legal battle between Barbie and Bratz, the two market-leading dolls, a legal battle also known Mattel v MGA Entertainment [here]…”
Apr 29, 2018

20. MaxVal celebrated World IP Day on April 26, 2018 | BLOG.MAXVAL
By maxvalblog: “MaxVal, a leading Intellectual Property management solutions provider, celebrated the World IP Day at its India locations at Coimbatore and Chennai on April 26, 2018. WIPO has designated April 26 every year as World Intellectual Property Day to promote discussion on the role of IP in encouraging innovation and creativity…”
Apr 29, 2018

21. Analysis CRISPR patent “case of the year” hearing is a must-watch – and not just for the life sciences 30 Apr 18 | IAM-MEDIA
“With news of the US Supreme Court’s recent Oil States decision and the UK’s ratification of the Unified Patent Court Agreement capturing the headlines in recent days, patent professionals might be forgiven for allowing a crucial CRISPR-Cas9 dispute to slip under the radar…”
Apr 29, 2018

22. PTAB Provides Guidance on AIA Trial Procedure in View of SAS Institute | JDSUPRA
“Recently, the Patent Trial and Appeal Board (PTAB) issued guidance on the impact of SAS Institute Inc. v. Iancu on AIA trial proceedings. Prior to SAS Institute, the PTAB routinely assessed whether or not to institute trial on a claim-by-claim basis…”
Apr 29, 2018

23. Incorporation By Reference Does Not Establish Priority | IPWATCHDOG
By Robert Schaffer: “Droplets, Inc. v. E*TRADE Bank, Nos. 2016-2504, 2016-2602, 2018 U.S…”
Apr 29, 2018

24. Unreasonably-low royalties in top-down FRAND-rate determinations for TCL v. Ericsson | FEEDPROXY.GOOGLE
By Keith Mallinson: “While Ericsson is a leading contributor to mobile communications standards, a US District Court in California has significantly undervalued Ericsson’s standard-essential patents (SEPs) by relying heavily on flawed “top-down” valuation analysis that prorates royalties by company for 2G, 3G and 4G based on SEP counting…”
Apr 29, 2018

25. Analysis Continued contraction of Chinese smartphone market could cause a royalty crunch 30 Apr 18 | IAM-MEDIA
“According to recent research published by Canalys, smartphone shipments in China just suffered their largest quarterly setback on record. With the world’s biggest handset market shrinking at perhaps a faster pace than expected, one has got to wonder whether smartphone licensing revenues from the country have also peaked…”
Apr 29, 2018

26. Software Development Agreement Not a Clear Conveyance of Patent Rights | IPWATCHDOG
By Joseph Robinson: “James v. j2 Cloud Servs., LLC, No. 2017-1506, 2018 U.S. App…”
Apr 29, 2018

27. Targeted advertising claims survive Alice step two | FEEDPROXY.GOOGLE
“Takeaway: Improvement arguments succeeded in overturning § 101 subject-matter eligibility rejections of claims relating to Internet-based directed-advertising under circumstances involving broadcast TV and simultaneous chat room participation…”
Apr 29, 2018

28. Monday Miscellany | IPKITTEN.BLOGSPOT
By Rose Hughes: “IPKat is here with your weekly round up of IP news and events! Academics Against Press Publishers’ Right Initiative 169 academics from across Europe have given a final warning against Article 11 of the proposal for a Directive on Copyright in the Digital Single Market as it currently stands, which relates to a new intellectual property right in news…”
Apr 29, 2018

29. U.S. Trade Representative Releases 2018 Special 301 Report | FEEDPROXY.GOOGLE
By Kevin E. Noonan: “On April 28th, Ambassador Robert Lighthizer, U.S. Trade Representative (USTR), issued the 2018 Special 301 Report. According to the USTR website, ‘[t]he ideas and creativity of American entrepreneurs fuel economic growth and employ millions of hardworking Americans’ and ‘[t]his report sends a clear signal to our trading partners that the protection of Americans’ intellectual property rights is a top priority of the Trump Administration,’ language reiterating last year’s Report and consistent with much of the trade-related rhetoric emanating from the White House this year…”
Apr 28, 2018

30. Conference & CLE Calendar | FEEDPROXY.GOOGLE
By Michael Borella: “May 1, 2018 – ‘Patent Inventorship: Best Practices for Determination and Correction — Distinguishing Between Inventor and Contributor; Navigating Joint Inventorship, Disclosure of Ownership, Real Party in Interest’ (Strafford) – 1:00 to 2:30 pm (EDT) ”
Apr 28, 2018

31. FCBA Webast on Oil States & SAS Institute | FEEDPROXY.GOOGLE
By Michael Borella: “The Federal Circuit Bar Association (FCBA) will be offering a webcast entitled ‘The Supreme Court Decided Oil States & SAS Institute: Now What?’ on May 2, 2018 from 3:00 pm to 4:00 pm (EST). Emily Johnson of Amgen, Inc. will moderate a panel consisting of Allyson Ho of Morgan Lewis & Bockius LLP, Christopher Suarez of Williams & Connolly LLP, Gregory Castanias of Jones Day, and Russell Cass of Clark Hill PLC…”
Apr 28, 2018

32. FCBA Webast on Helsinn v. Teva | FEEDPROXY.GOOGLE
By Michael Borella: “The Federal Circuit Bar Association (FCBA) will be offering a webcast entitled ‘Will the Supreme Court Step in Again in Helsinn v. Teva? Does a Sale of Confidential Materials Trigger the On-Sale Bar?’ ”
Apr 28, 2018

33. Presentation on European Patent Strategies | FEEDPROXY.GOOGLE
By Josh Bosman: “The Intellectual Property Law Association of Chicago (IPLAC) Corporate Committee and Weickmann & Weickmann will be offering a panel discussion on European Patent Strategies by Alfred Keyack, EPO Attaché to the United States, and Dr…”
Apr 28, 2018

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