ipoef.orgIntellectual Property Owners Assocation - Intellectual Property Owners Association

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Title:Intellectual Property Owners Assocation - Intellectual Property Owners Association

Description:Intellectual Property Owners Assocation - Intellectual Property Owners Association Intellectual Property Owners Association Linkedin Twitter Facebook Serving the Global Intellectual Property Community


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Intellectual Property Owners Assocation - Intellectual Property Owners Association Intellectual Property Owners Association Linkedin Twitter Facebook Serving the Global Intellectual Property Community ReadMore About IPO Join IPO Board of Directors Committees Education Foundation Past IPO Presidents Corporate Members Law Firm Members Staff Advocacy Hot Topics Attorney Fee Shifting Patent Litigation Reform USPTO Rules & Policy USPTO Funding Trade Secret Legislation Amicus Briefs Amicus Brief Committee Submit a Request for an Amicus Brief Board Resolutions Testimony and Comments IP Bills Events Calendar Annual Meeting IP Chat Channel Past IPO and IPO Education Foundation Meetings & Events Purchase Meeting Materials Submit an Event to the Calendar Member Center My Profile Join a Committee IPO Connect IP Job Bank Membership Directory Publications IPO Daily News? Federal Circuit Summaries? Top 300 Patent Owners IP Record Advertise with IPO IPO Law Journal Fed. Cir. Historical Society Board of Directors Committees Foundation Calendar IP Job Bank IPO Law Journal IPO Connect IP Speaker Search Join IPO working toward effective IP rights Apply Today IPO Daily News? Members can receive this concise IP Newsletter every business day. Learn More Government Affairs IPO works to promote your interests Learn More Standing IP Committees members can participate on one of 30 committees Signup IPO Connect an exclusive professional networking area for IPO members Connect Now Join IPO IPO Daily News? Government Affairs Standing IP Committees IPO Connect Upcoming Events 18 May: European Practice Committee Conference 7 June: Damages & Injunctions Committee Conference IP Chat Channel Webinars Learn More or Register Online 13 April: Design Protection After Star Athletica: Way Beyond Fashion (2pm ET) 20 April: Settlement Agreements as Comparables: New Comprehensive Analysis from the Federal Circuit (2pm ET) IPO Daily News? Daily News? Archives Friday, 7 April 2017 7 April 2017 * * SPECIFICATION AND PROSECUTION HISTORY SUPPORTED CONSTRUING PATENT CLAIMS TO INCLUDE NON-CLAIMED LIMITATION The Medicines Co. v. Mylan, Inc. 15-1113 — Yesterday in an opinion by Judge DYK, the Federal Circuit overruled a district court decision that Mylan infringed the claims in one of Medicines’ two asserted patents. The two patents included product-by-process claims for making pharmaceutical batches of the anti-coagulant drug bivalirudin, which was sold under the brand Angiomax?. Both of the patents included a “pharmaceutical batches” limitation that required consistency between the batches. The claims in the first patent also included a limitation to “efficient mixing,” but this limitation was absent in the claims of the second. The district court concluded that Mylan infringed only the second patent. The Federal Circuit said that although the claims in the second patent did not specifically include the “efficient mixing” limitation, the specification and prosecution history supported construing the claims to include it as “a necessary and sufficient condition for achieving batch consistency.” Both patents compared “inefficient mixing conditions” with “efficient mixing conditions” in the examples and taught no other method capable of producing consistent batches. (1 to 4 stars rate impact of opinion on patent & trademark law) NEXT WEEK ON IPO’S IP CHAT CHANNEL: DESIGN PROTECTION AFTER STAR ATHLETICA: WAY BEYOND FASHION Tune in to the IP Chat Channel on Thursday, 13 April, at 2:00p.m. ET for Design Protection After Star Athletica: Way Beyond Fashion. Forget sports metaphors and fashion industry commentary. Last month’s U.S. Supreme Court decision in Star Athletica v. Varsity Brands opens a new avenue for protecting industrial designs, despite the fact that it centered on the decorative elements of cheerleader uniforms. Star Athletica widened the scope of copyright protection for useful objects, and experts say that that should spur consideration of how copyright and design patents, as well as trade dress and utility patents, can and cannot work together. Increased use of copyrights to protect industrial design makes new litigation on this issue more likely. Our panelists TERRY CARROLL (IBM Corp.), design patent specialist ROBERT KATZ (Banner & Witcoff, Ltd.), and copyright lawyer KATHERINE SPELMAN (Lane Powell PC) will discuss such questions as: ? How does Star Athletica change the scope of copyright protection for designs? When is copyright protection for useful objects now appropriate? ? What are the differences among the different modes of protections, including “novelty and non-obviousness” for design patents, “originality” for copyrights, and “acquired distinctiveness” for trade dress? ? What are the open questions left by Star Athletica that are likely to be litigated in the future? IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states. IP IN THE MASS MEDIA Samsung Ordered to Pay 80 Million Yuan for Infringing Huawei Smartphone Patent On Thursday Reuters reported that China’s Quanzhou Intermediary Court ordered Samsung Electronics to pay 80 million yuan ($11.6 million) for infringing a smartphone patent held by Huawei’s handset unit Huawei Device Co. Law & Advocacy IPO Federal Circuit Summaries? Legislative Hot Topics Friday, February 21, 2014 2014 USPTO BUDGET WILL ALLOW HIRING, SATELLITE OFFICES During the quarterly meeting of the USPTO’s Patent Public Advisory Committee (PPAC), Chief Financial Officer TONY SCARDINO reported that the 2014 appropriations bill signed in January funds the USPTO at $3.024 billion – $90.8 million above the fiscal 2013 enacted level and $238.3 million above the fiscal 2013 sequestration level. The budget will allow the USPTO to hire 1,000 patent examiners and 63 administrative patent judges and provides funding related to opening satellite offices in San Jose, Denver, and Dallas. Projected 2014 spending is estimated at $2.948 billion. The White House will release its fiscal 2015 budget on March 4. Member Advertisement Innovator Insights Innovator Insights is IPOEF’s forum for inventors and other IP stakeholders to discuss their work, the role IP plays for them and to help educate the public on the link between strong IP protection and robust innovation. Team Tactile, Massachusetts Institute of Technology Intellectual Property Owners Association 1501 M St. N.W. · Suite 1150 · Washington, D.C. 20005 Tel: (202) 507-4500 · Fax: (202) 507-4501 · Email: info@ipo.org Site Terms of Use | Logout

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