Manual IP News and Unitary Patent News edited by Arnold & Siedsma
 
Unified Patent Court News edited by Bristows
 
Kluwer Copyright Cases edited by IViR
 
Kluwer Patent Cases edited by Brinkhof
 
IP Law Daily - Selected US Cases edited by CCH
 
Volume 6 - Issue 2017
March 2017
 
 
 

News

 
General Information (1)
 
 
USPTO to hike user fees soon
 
The U.S. Patent Public Advisory Committee (PPAC) during its quarterly public meeting held recently at the U.S. Patent and Trademark Office (USPTO) has announced that, to overcome the financial crunch the USPTO is currently facing, it is preparing to increase user fees.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
United States of America Full text
 
 
 
 
 
Ratifications (3)
 
 
Afghanistan accedes to Paris Convention
 
On 14 February 2017, the Islamic Republic of Afghanistan deposited its instrument of accession to the Paris Convention for the Protection of Industrial Property with the Director General of the World Intellectual Property Organization (WIPO), thus becoming the 177th member state of the Paris Convention.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
Afghanistan Full text
 
 
 
 
 
Afghanistan accedes to Singapore Treaty
 
On 14 February 2017, the Islamic Republic of Afghanistan acceded to the Singapore Treaty on the Law of Trademarks by depositing its instrument of accession with the Director General of the World Intellectual Property Organization.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
Afghanistan Full text
 
 
 
 
 
Jordan accedes to PCT
 
On 9 March 2017, Jordan became the 152nd member state of the Patent Cooperation Treaty (PCT) by depositing its instrument of accession with the Director General of the World Intellectual Property Organization.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
Jordan Full text
 
 
 
 
 
Patents/Utility Models (15)
 
 
China’s revised examination guidelines to allow computer program claims
 
The revised guidelines for patent examiners published in October 2016 by the State Intellectual Property Office of the People’s Republic of China is all set to enter into force on 1 April 2017.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
China Full text
 
 
 
 
 
EPO offers additional search in case of non-unity
 
In an effort to improve the quality and transparency of its procedures, the European Patent Office (EPO) is introducing a new service on 1 April 2017, which will boost the search products provided to applicants under the European and the Patent Cooperation Treaty (PCT) filing routes.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
European Patent Organization Full text
 
 
 
 
 
Battistelli: UK can be kept in UP system after Brexit
 
The EU will find a way to keep the UK in the Unitary Patent system. EPO president Benoit Battistell said this on the occasion of the publication of the EPO’s annual report on patent activity.

According to Science Business, Battistelli denied to speculate whether the UK will be allowed to hold on to its branch court in London after Brexit.

For more information please click here.

 
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union, United Kingdom Full text
 
 
 
 
 
UK government 'misleading' in denying connection between UP system and EU
 
‘No matter how you approach it, there is no way to square what the government is doing on patents with its red line on the ECJ.’

According to an article of Politics.co.uk, the government’s explanatory memorandum on the court, insisting there is absolutely no connection between it and the EU, is ‘so disingenuous as to be grossly misleading’.

Although the ECJ ‘won't be a conduit for EU law into Britain’ and the ECJ's influence ‘is so minor in its repercussions’, Theresa May, who ‘was scared of the headbangers in Ukip and her own party who would demand that Britain extricate itself from every little bit of the EU's legal structure’, has made a hasty constitutional promise which could develop into ‘a Brexit battle ground’, according to Politicis.co.uk.

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union, United Kingdom Full text
 
 
 
 
 
‘UK ratification procedure UPCA will face minimal opposition’
 
‘The UK could ratify the European Unified Patent Court agreement as early as the end of March and the process is likely to face minimal opposition in committee, solicitors have predicted.’

The Law Gazette maintains this in a recent article. Part of the procedure is approval of the protocol on privileges and immunities of the UPC. ‘The protocol was published on 20 January and sits for 21 days to allow for any opposition. The 21-day deadline has now passed, meaning a statutory instrument on implementing the procedure, which is due to be published shortly, will need to be debated in both houses of parliament. (…) solicitors told the Gazette the plans are unlikely to face opposition and the committee will likely be ‘made up of those in favour of the proposals’.’

A motion of the UKIP’s sole MP Douglas Carswell urging the UK not to ratify the agreement didn’t get any support.

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union, United Kingdom Full text
 
 
 
 
 
Spanish parliament calls on government to join UP system
 
The Spanish parliament has called on the government to join the Unitary Patent and the Unified Patent Court.

A non-binding motion of socialist opposition party PSOE was approved on 7 March 2017 by the Committee on Economy, Industry and Competitiveness of the Spanish Congreso de los Diputados. Only the Popular Party, which runs the minority government, voted against the motion.

MP Patricia Blanquer, author of the motion, told Kluwer IP Law ‘the actions of the government in this matter have been very limited and deficient. It is time to reconsider our position and adopt a more proactive strategy. (…) It is important that a majority of Parliament made such a clear declaration on the issue of the Unitary Patent, and that only one party voted against.’

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union, Spain Full text
 
 
 
 
 
UK ratifying UPCA will lead to uncertainty for users
 
Allowing the [Unitary Patent] system to proceed by completing our ratification procedure may win us some goodwill from continental Europe but the uncertainty (for users) over the UK’s continued participation in the scheme is less than ideal.’

This is argued in an IP Copy article on the UK’s UPCA ratification procedure. The article points at the apparent inconsistency between the promise of Prime Minister Theresa May for the UK to leave the jurisdiction of the CJEU and the participation in the Unitary Patent system.

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union, United Kingdom Full text
 
 
 
 
 
German parliament passes UPCA ratification bill
 
The German parliament, the Bundestag, approved ratification of the Unified Patent Court Agreement and amendments to the German patent law on 9 March 2017.

The drafts will now go to the Federal Council, the Bundesrat. After passing the Legal Affairs Committee, the drafts will be voted on 31 March 2017.

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union, Germany Full text
 
 
 
 
 
German Bundesrat approves bill to ratify UPC protocol on privileges and immunities
 
A draft law to enable Germany to ratify the Protocol on Privileges and Immunities of the Unified Patent Court (PPI) was approved by the Bundesrat, the Federal Council, on 9 March 2017. 

As Bristows reported, the PPI ‘will give legal personality to the Unified Patent Court and provide the Court and its judges, Registrar and other staff with the various privileges and immunities’. For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union, Germany Full text
 
 
 
 
 
UK minister Jo Johnson reconfirmes commitment to finalize UPCA ratification
 
In a meeting with EPO president Benoit Battistelli, UK minister Jo Johnson has reconfirmed that the UK government is committed to finalize the national ratification of the UPC treaty in order for the Court to be operational on 1 December 2017.

This has been reported by the EPO. The moment the court opens its doors, will also be the moment that the EPO will to be able to deliver the first Unitary Patent.

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union, United Kingdom Full text
 
 
 
 
 
'No chaos in Spain if it doesn't join UP system'
 
It is a mistake to write it will create chaos for Spain if it doesn't join the Unitary Patent system. 

Spanish patent expert Francisco Moreno writes this in reaction to an article of El Confidencial. Moreno argues the so-called chaos will not be any worse than in countries like Switzerland, which haven't joined either.

Moreover, Moreno thinks the UP system is likely to face more delays than envisaged by the UPC Preprartory Committee due to the Brexit process.

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union, Spain Full text
 
 
 
 
 
Expectation among IP professionals in Spain after motion on UP system
 
The non-binding parliamentary motion encouraging the Spanish government to join the Unitary Patent system, has ‘caused a lot of expectation in the legal profession, lawyers and judges, patent agents and in other government bodies, such as the Spanish Patent Office’.

This has been reported by Bird & Bird. The motion was approved last week, with the support of all parties except the Popular Party, which runs the Spanish minority government.

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union, Spain Full text
 
 
 
 
 
Provisional period UPC due to start at the end of May
 
The Preparatory Committee of the Unified Patent Court is confident that enough UPC signatory states will have acceded to the Protocol on Provisional Application of the court, in order for this provisional period to start at the end of May 2017.

This has been announced after the final meeting of the Preparatory Committee on 15 March in The Hague, the Netherlands.

According to a press release, ‘The Committee was informed that a small, operational team is now working to oversee the recruitment of judges, testing of the IT and case management system and ensure resources are in place and trained in readiness for the Court opening.  In addition the Committee agreed a few minor consequential amendments to the Rules of Procedure.’

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union Full text
 
 
 
 
 
Poland joins Federated European Patent Register
 
Polish Patent Office recently joined the Federated European Patent Register, which provides official bibliographic and legal status data relating to European patents in the national post-grant phase of the states concerned.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
Poland Full text
 
 
 
 
 
South Korea revises Patent Act
 
The South Korean government has recently amended its Patent Act, and the new law came effect on 1 March 2017.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
South Korea Full text
 
 
 
 
 
Trademarks (4)
 
 
Madrid Protocol fees revised for Antigua and Barbuda
 
Pursuant to the provisions of the Common Regulations under the Madrid Agreement and Protocol Concerning the International Registration of Marks, the Director General of the World Intellectual Property Organization, on receipt of a declaration from the Government of Antigua and Barbuda, modified the amounts of individual fees applicable when Antigua and Barbuda has been designated in an international application or in an application for renewal of international registration.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
Antigua and Barbuda Full text
 
 
 
 
 
Canada defers implementation of new trademark law
 
Canada, as it did in the past, yet again postponed the implementation of a new trademark law, and it is now unlikely to enter into force before 2019.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
Canada Full text
 
 
 
 
 
Renewal terms for “old law” trademarks to expire soon in Gambia
 
Under the transitional provisions of the 2007 Gambian Industrial Property Act, all the cases filed before 2 April 2007 (“old law” cases) must be renewed either by 2 April 2017 or at the end of their current 14-year term, whichever period expires first.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
Gambia Full text
 
 
 
 
 
India introduces new trademark rules
 
With a view to streamline and simplify the processing of trademark applications, India has recently introduced new Trade Mark Rules, 2017.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
India Full text
 
 
 
 
 
Industrial Models and Designs (1)
 
 
Geneva Act enters into force in Cambodia
 
The Government of the Kingdom of Cambodia acceded to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (the Geneva Act) on 25 November 2016 and it entered into force with respect to Cambodia on 25 February 2017.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 21 Mar 2017
 
Cambodia Full text
 
 
 
 

Cases

 
Copyright (3)
 
 
Estonia: Miina Härma Gymnasium, Tartu County Court, 2-16-2182, 20 May 2016
 
In this case the court examined the conditions under which the public performance of works at a school concert falls within the free use exception. The court emphasised that the public performance of works within the direct teaching process in educational institutions, by the teaching staff and students, without the authorisation of the author and without payment of remuneration is permitted by the free use exception, provided that mention is made of the name of the author or the title of the work used, and on the condition that the audience consists of the teaching staff and students or other persons (parents, guardians, caregivers, etc.) who are directly connected with the educational institution where the work is performed in public. In the present case, the court satisfied the claim and awarded damages as requested by EAÜ.
 
Author(s): Elise Vasamäe, Aavik & Partners Law Office, Tallinn
 
Source: Kluwer Copyright CasesDate: 21 Mar 2017
 
Estonia Full text Full text as PDF
 
 
 
 
 
Switzerland: Closing of a terrace, Federal Supreme Court of Switzerland, 1st Civil Law Chamber, ATF 142 III 387, 19 April 2016
 
The Supreme Court held that in order to decide whether there has been an infringement of the personality rights of an architect by modifications to his work, it is necessary to establish the degree of intensity of relationship between the architect and his work and to take into account the importance and the nature of the alteration, as well as the exposure of the work. The court then went on to weigh up the balance of interests between the moral right of integrity of an architect and the right of modification of the owners of a family house.
 
Author(s): Pierre Heuzé, University of Geneva
 
Source: Kluwer Copyright CasesDate: 21 Mar 2017
 
Switzerland Full text Full text as PDF
 
 
 
 
 
Copyright: Flo & Eddie, Inc. v. Pandora Media, Inc, United States Court of Appeals, Ninth Circuit, No. 15-55287, 15 March 2017
 
The California Supreme Court has been asked by the U.S. Court of Appeals in San Francisco to provide guidance on the question of whether California statutory or common law grants owners of pre-1972 sound recordings an exclusive right of public performance. This guidance is key to a lawsuit brought by Flo & Eddie, Inc.—owner of recordings by 1960s pop group The Turtles and created by former Turtles vocalists Mark "Flo" Volman and Howard "Eddie" Kaylan—against Internet music streaming service Pandora Media, Inc. Flo & Eddie has brought similar suits against satellite and Internet radio broadcaster Sirius XM Radio in California, New York, and Florida, with mixed success (Flo & Eddie, Inc. v. Pandora Media, Inc., March 15, 2017, per curiam).
 
Author(s): Thomas Long, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent (15)
 
 
Austria: Stromchiffrierung, Supreme Court of Justice of Austria, 4Ob94/16a, 25 August 2016
 
According to sec. 1 para 3 no. 5 Austrian Patent Act, programs for computers are not patentable per se. However a computer program may be patentable if it fulfills the technical character requirement. The Supreme Court confirmed that the technical effect is to be determined from the content of the computer program in the context of the problem and solution approach under the teaching of the patent. The technical problem must go beyond the mere processing of data by means of a computer.

The technical effect requirement is separate from novelty and inventive step.
 
Author(s): Manuel Wegrostek, Gassauer-Fleissner Rechtsanwälte GmbH, Vienna
 
Source: Kluwer Patent CasesDate: 21 Mar 2017
 
Austria Full text
 
 
 
 
 
Patent: Intellectual Ventures I LLC v. Erie Indemnity Co, United States Court of Appeals, Federal Circuit, Nos. 2016-1128, 07 March 2017
 
Patent assertion entity Intellectual Ventures could not pursue infringement claims against insurance companies over patents related to retrieving information from a database and implementing information through an "intelligent and mobile menu-interface agent," the U.S. Court of Appeals for the Federal Circuit has held. Two of the patents-in-suit were invalid under 35 U.S.C. §101 as directed to ineligible abstract ideas. Intellectual Ventures lacked standing to sue for infringement of the third patent due to its failure to establish ownership (Intellectual Ventures I LLC v. Erie Indemnity Co., March 7, 2017, Prost, S.).
 
Author(s): Thomas Long, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Thales Visionix v. United States, United States Court of Appeals, Federal Circuit, No. 2015-5150, 08 March 2017
 
The claims of a patent for an inertial tracking system for tracking the motion of an object relative to a moving reference frame were not directed to an abstract idea, according to the U.S. Court of Appeals for the Federal Circuit. Although the claims required the use of mathematical equations, they were not directed to the equations themselves, but rather to an unconventional application of sensors that made use of the equations. A decision of the U.S. Court of Federal Claims holding that asserted claims of the patent were directed to patent-ineligible subject matter was reversed. The case was remanded for further proceedings in connection with the patent holder’s infringement claims against the federal government over a helmet-mounted display system used in F-35 jet fighters (Thales Visionix v. United States, March 8, 2017, Moore, K.).
 
Author(s): Thomas Long, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Intellectual Ventures I LLC v. Capital One Financial Corp, United States Court of Appeals, Federal Circuit, No. 2016-1077, 07 March 2017
 
Patent assertion entity Intellectual Ventures could not go forward with a lawsuit accusing Capitol One of infringing two patents related to methods of viewing, retrieving, and manipulating data, the U.S. Court of Appeals for the Federal Circuit has held. Both patents were invalid under 35 U.S.C. §101 as directed to abstract ideas. Intellectual Ventures also was barred from pursuing infringement claims over a third patent—relating to computer security methods—under a collateral estoppel theory. That patent had been found invalid under Section 101 by a New York district court in a related lawsuit (Intellectual Ventures I LLC v. Capital One Financial Corp., March 7, 2017, Prost, S.).
 
Author(s): Thomas Long, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Paice LLC v. Ford Motor Company, United States Court of Appeals, Federal Circuit, Nos. 2016-1412, 07 March 2017
 
In three inter partes review ("IPR") proceedings, the Patent Trial and Appeal Board did not err in construing the claims of a patent providing a method of controlling a hybrid vehicle that Paice and the Abell Foundation (collectively, "Paice") had accused Ford Motor Company of infringing, the U.S. Court of Appeals for the Federal Circuit has decided. Furthermore, substantial evidence supported the Board’s fact findings and legal conclusions in holding the challenged claims invalid on obviousness grounds. Thus, the Board’s decisions in the appealed IPRs were affirmed (Paice LLC v. Ford Motor Company, March 7, 2017, per curiam).
 
Author(s): Peter Reap, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Geophysical Service, Inc. v. TGS-NOPEC Geophysical Company, United States Court of Appeals, Fifth Circuit, No. 15-20706, 10 March 2017
 
The federal district court in Houston’s dismissal of Canadian seismic surveyor Geophysical Service’s direct copyright infringement claim against TGS-NOPEC Geophysical Co. ("TGS") was reversed to the extent that it was based on the importation of unlawfully made copies and remand for further proceedings on that claim in light of the principles of the first sale doctrine and extraterritoriality, the U.S. Court of Appeals in New Orleans has decided. Furthermore, the district court’s award of attorney fees and costs to Geophysical’s Texas-based competitor TGS was reversed, and the court could reconsider that issue after its determination of the remanded claim. In addition, the district court’s dismissal of Geophysical’s contributory infringement claim, the dismissal of Geophysical’s direct infringement claim to the extent that it was based on infringing acts by TGS after it received copies of Geophysical’s seismic lines, and the dismissal of Geophysical’s claim of removal of copyright management information, were affirmed (Geophysical Service, Inc. v. TGS-NOPEC Geophysical Company, March 10, 2017, Higginbotham, P.).
 
Author(s): Peter Reap, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: In re Salwan, United States Court of Appeals, Federal Circuit, No. 2016-2079, 13 March 2017
 
The Patent Trial and Appeal Board did not err in affirming a patent examiner’s rejection of all pending claims of a patent application claiming methods for transferring patient health information and medical records on the ground that the claims were directed to the abstract idea of billing and the fundamental economic practice of calculating a patient’s bill, the U.S. Court of Appeals for the Federal Circuit has ruled. In addition, the claims merely recited use of generic computer structures for storing and transferring information (In re Salwan, March 13, 2017, per curiam).
 
Author(s): Cheryl Beise, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Company, Ltd, United States Court of Appeals, Federal Circuit, No. 2016-1900, 14 March 2017
 
After an inter partes review (IPR) of a Nidec Motor patent on a system for controlling the torque of an electromagnetic motor, the Patent Trial and Appeal Board erroneously found that a single claim of the patent was anticipated by prior art, the U.S. Court of Appeals for the Federal Circuit has ruled. Because the Board’s finding was not supported by substantial evidence, the anticipation decision was reversed (Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Company, Ltd., March 14, 2017, Moore, K.).
 
Author(s): Mark Engstrom, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Clarilogic, Inc. v. FormFree Holdings Corp, United States Court of Appeals, Federal Circuit, No. 2016-1781, 15 March 2017
 
The federal district court in San Diego did not err in ruling on summary judgment that a patent claiming a method for electronically certifying a potential borrower’s financial account data and providing a credit report was invalid because the claims were directed to a patent-ineligible abstract idea and offered no additional elements to make the invention patentable, the U.S. Court of Appeals for the Federal Circuit has held (Clarilogic, Inc. v. FormFree Holdings Corp., March 15, 2017, Reyna, J.).
 
Author(s): Cheryl Beise, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Coffelt v. NVIDIA Corporation, United States Court of Appeals, Federal Circuit, No. 2017-1119, 15 March 2017
 
A district court properly held that a patent covering a method for deriving a pixel color in a graphic image was invalid as abstract, according to the U.S. Court of Appeals for the Federal Circuit. The claims were directed to the abstract idea of calculating and comparing regions in space (Coffelt v. NVIDIA Corporation, March 15, 2017, per curiam).
 
Author(s): Jody Coultas, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Mentor Graphics Corp. v. EVE-USA, Inc, United States Court of Appeals, Federal Circuit, Nos. 2015-1470, 16 March 2017
 
Substantial evidence supported an Oregon jury’s infringement verdict and $36 million damages award to Mentor Graphics for rival Synopsys’ infringement of simulation/emulation technology patent, the U.S. Court of Appeals for the Federal Circuit has decided. The district court’s denial of judgment as a matter of law was upheld. However, because the district court erred by precluding evidence of Synopsys’ willful infringement, the case was remanded for trial of that issue and assessment of Mentor Graphics’ claim for enhanced damages. The appeals court also reversed several of the district court’s summary judgment rulings, clearing the way for Mentor to pursue claims for infringement of three additional patents and for Sysopsys to pursue a counterclaim for infringement of one patent (Mentor Graphics Corp. v. EVE-USA, Inc., March 16, 2017, Moore, K.).
 
Author(s): Cheryl Beise, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Streamline Production Systems, Inc. v. Streamline Manufacturing, Inc, United States Court of Appeals, Fifth Circuit, No. 16-20046, 16 March 2017
 
In a trademark infringement dispute between two Texas oil equipment manufacturing companies using the name "Streamline," a jury’s infringement verdict was supported by sufficient evidence at trial, according to the U.S. Court of Appeals in New Orleans. However, the jury’s damages award was not supported by the evidence and the district court erred by not granting the defendant’s post-trial motion for judgment as a matter of law (Streamline Production Systems, Inc. v. Streamline Manufacturing, Inc., March 16, 2017, King, C.).
 
Author(s): Cheryl Beise, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Bayer CropScience AG v. Dow AgroSciences LLC, United States Court of Appeals, Federal Circuit, No. 2015-1854, 17 March 2017
 
The federal district court in Wilmington, Delaware, did not abuse its discretion in finding that Bayer CropScience’s infringement suit against agrochemical rival Dow AgroSciences over soybean gene technology qualified as an "exceptional case" warranting an award of attorney fees under Section 285 of the Patent Act, the U.S. Court of Appeals for the Federal Circuit has held. Dow’s commercial exploitation of the patents was authorized under the terms of a license between Bayer and a third-party. The district court properly examined the totality of circumstances in finding that Bayer’s litigation conduct and its weak legal positions made the case exceptional (Bayer CropScience AG v. Dow AgroSciences LLC, March 17, 2017, Stoll, K.).
 
Author(s): Cheryl Beise, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Allergan, Inc. v. Sandoz, Inc, United States Court of Appeals, Federal Circuit, Nos. 2016-1085, 17 March 2017
 
In a suit involving six Allergan patents relating to hair growth and its various litigation accusing Sandoz and other drug companies (collectively, "Sandoz") of infringement, a federal district court correctly entered judgment for Sandoz on collateral estoppel grounds as to claims 8, 23, and 26 of U.S. Patent No. 8,926,953 ("the ’953 patent"), the U.S. Court of Appeals for the Federal Circuit has decided. However, the district court’s judgment for Sandoz, Inc., with respect to claims 1−7, 9−22, and 24−25 of the ’953 patent was in error and was reversed (Allergan, Inc. v. Sandoz, Inc., March 17, 2017, Wallach, E).
 
Author(s): Peter Reap, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Patent: Nordock, Inc. v. Systems Inc, United States Court of Appeals, Federal Circuit, Nos. 2014-1762, 17 March 2017
 
In an infringement suit involving two competitors in the loading dock device industry—Nordock Inc., which owned a design patent for a lip, lug, and hinge plate for dock levelers, and Systems Inc., which had infringed that patent—a jury award of $47,825 in reasonable royalty damages to Nordock was vacated by the U.S. Court of Appeals for the Federal Circuit. Because the record was devoid of any evidence to support the jury’s finding that the relevant profits of Systems were $0, the circuit court vacated the damages award and remanded the case for a new trial on damages (Nordock, Inc. v. Systems Inc., March 17, 2017, per curiam).
 
Author(s): Mark Engstrom, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 
 
Trademark (1)
 
 
Trademark: In re DDMB, Inc, United States Court of Appeals, Federal Circuit, No. 2016-2037, 08 March 2017
 
The Trademark Trial and Appeal Board did not err in refusing to register the mark EMPORIUM ARCADE BAR and Design, absent a disclaimer of the word "EMPORIUM," in addition to the disclaimed term "ARCADE BAR," the U.S. Court of Appeals for the Federal Circuit has determined. Substantial evidence supported the Board’s finding that EMPORIUM was merely descriptive of the applicant’s "bar services" and "video and amusement arcade services," and that EMPORIUM, when combined with ARCADE BAR did not form a unitary mark exempt from a disclaimer requirement (In re DDMB, Inc., March 8, 2017, Lourie, A.).
 
Author(s): Cheryl Beise, CCH
 
Source: IP Law Daily - Selected US CasesDate: 21 Mar 2017
 
United States of America Full text Full text as PDF
 
 
 
 

Upcoming events

 
Upcoming events (2)
 
 
epi seminars on UP and UPC
 
The epi will organize a series of seminars throughout Europe on the Unitary Patent and the Unified Patent Court.

The seminars will ‘allow epi members to work with the new system and to advise clients on strategic choices, for example on whether to request unitary effect for their European patents, or when and whether to opt out of the UPC.’

Part of the seminars will be held jointly with the European Patent Office.

For more information please click here.

 
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union Full text
 
 
 
 
 
Seminar on UP system in Turin
 
A seminar on the Unitary Patent system and the Unified Patent Court will be held on 29 March 2017 in Turin.

The meeting has been organized by ‘healthcare innovation cluster’ Biopmed.

For more information please click here.
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 21 Mar 2017
 
European Union, Italy Full text
 
 
 
 
 
 
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