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IP Intelligence
Patent Watch: Cheese Sys., Inc. v. Tetra Pak Cheese and Powder Sys., Inc.
Where a court holds a claim obvious without making findings of secondary considerations, the lack of specific consideration of secondary considerations ordinarily requires a remand. On August 6, 2013, in…
IP Intelligence
Patent Watch: Rembrandt Vision Techs., Inc. v. Johnson & Johnson Vision Care, Inc.
An expert witness may not testify to subject matter beyond the scope of the witness's expert report unless the failure to include that information in the report was "substantially justified…
IP Intelligence
Patent Watch: Rembrandt Vision Techs., Inc. v. Johnson & Johnson Vision Care, Inc.
An expert witness may not testify to subject matter beyond the scope of the witness's expert report unless the failure to include that information in the report was "substantially justified…
IP Intelligence
Patent Watch: Apple, Inc. v. Int’l Trade Comm’n
[E]vidence relating to all four Graham factors -- including objective evidence of secondary considerations -- must be considered before determining whether the claimed invention would have been obvious to one…
IP Intelligence
Instagram Federal Class Action Over User Terms Dismissed; Plaintiffs Switch to State Court
By Alan M. Pate
Earlier this month, Judge William Alsop of the U.S. District Court for the Northern District of California dismissed a proposed class action lawsuit against Instagram. The complaint alleged that certain…
IP Intelligence
Patent Watch: Novozymes A/S v. DuPont Nutrition Biosciences APS
"[T]he written description requirement prohibits a patentee from 'leaving it to the . . . industry to complete an unfinished invention.'" On July 22, 2013, in Novozymes A/S v. DuPont…
IP Intelligence
Leave It to Hollywood: No D&O Insurance Coverage for Failure to Pay Leave It to Beaver Television Royalties
Authored by: Judy A. Selby and C. Zachary Rosenberg On July 11, 2013, the Central District of California held that a liability insurer is not required to reimburse its insured…
IP Intelligence
Patent Watch: In re Adler
When the Board relies upon a new ground of rejection not relied upon by the examiner, the applicant is entitled to reopen prosecution or to request a rehearing [unless the…
IP Intelligence
Federal Trade Commission v. Actavis, Inc. et al. – Supreme Court Holds Reverse Payment Settlement Agreements to be Analyzed under “Rule of Reason” Approach
By Jason Oliver
On June 17, 2013, the Supreme Court of the United States ruled 5-3 in favor of the Federal Trade Commission and issued its long-awaited decision in Federal Trade Commission v.…
IP Intelligence
Patent Watch: Ass’n for Molecular Pathology v. Myriad Genetics, Inc.
A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally…