Intellectual Property Owners Association

Serving the Global Intellectual Property Community

ReadMore

IPO Daily News™

Wednesday, 22 November 2017

22 November 2017

Federal Circuit Summaries Logo

* * INFRINGER ENTITLED TO INTERVENING RIGHTS DEFENSE WHERE CLAIM SCOPE SUBSTANTIALLY CHANGED DURING REEXAMINATION

Presidio Components, Inc. v. American Tech. Ceramics, 16-2607 — Yesterday in an opinion by Judge DYK, the Federal Circuit upheld a district court’s determination that claim amendments made by Presidio during reexamination entitled ATC to absolute intervening rights preventing Presidio from collecting damages for the period between the original claims’ and the amended claims’ dates of issuance. The patent claimed a multilayer capacitor. Presidio argued that its claim scope did not change because its goal in amending the claims was to adopt the district court’s claim construction from a prior lawsuit between the parties.

The Federal Circuit said “the patentee’s intent in making the amendment is not determinative or controlling in determining claim scope.” The relevant inquiry was whether the original and amended claims were “substantially identical.” Here, the original and amended claims were “materially different” because the original claims allowed capacitance to be determined using a formula and the amended claims excluded determination of capacitance by any means other than actual measurement. The Court also overturned Presidio’s lost profits damage award, after finding that it failed to establish the absence of an acceptable, noninfringing alternative to its product, and vacated the permanent injunction.
(1 to 4 stars rate impact of opinion on patent & trademark law)

Miles O'Brien

CNN’S MILES O’BRIEN TO HOST FOUNDATION AWARDS DINNER

This year’s IPO Education Foundation Awards Dinner will be hosted by emcee MILES O’BRIEN, former CNN anchor for science and technology. He joined CNN in 1992 and became the exclusive reporter for NASA programs such as the first space station launch and landings on Mars. Miles trained with NASA to be the first anchor in space and won numerous awards for his dedication and creativity. After his long tenure with CNN, Miles O’Brien formed his own production company focusing on stories for PBS, Discovery Science and the National Science Foundation.

Don’t miss out on this year’s Foundation Awards Dinner – purchase your tickets today.

IPO IN THE MASS MEDIA

Above the Law Discusses China’s Efforts to Crack Down on Counterfeiting

Yesterday Above the Law published an article titled “The Soaring IP Dragon: China Cracks Down,” discussing China’s efforts to address counterfeiting.

WE’RE THANKFUL FOR YOU!

IPO Education Foundation thanks all of the organizations and individuals who have made a financial contribution to support its activities this year. Because of you, the Foundation educated young people through the IP Video Contest and IP Patch; celebrated innovators through the Innovator Insights blog, Inventor of the Year Award, and Distinguished IP Professional Award; and began a public relations campaign to educate the media on the value of IP. Thank you for your continued support of the Foundation’s work.

HOLIDAY SCHEDULE

The IPO office will be closed tomorrow and Friday in observance of the Thanksgiving holiday.


Law & Advocacy

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.

Tudor

Lonnie Johnson, Johnson Research and Development