IPO Daily News™
Monday, April 21, 2014
JUDGES PANEL ON ITC LITIGATION AT IPO’S APRIL 25 CONFERENCE
A session at IPO’s “Advanced ITC Litigation Class” will focus on Judge’s practice and the interactions between the ITC and its reviewing court. Speakers include HON. CHARLES BULLOCK, Chief Administrative Law Judge, U.S. ITC; HON. SANDRA DEE LORD, Administrative Law Judge, U.S. ITC; and HON. ARTHUR GAJARSA, retired judge, U.S. Court of Appeals for the Federal Circuit. The panel will be moderated by SARAH HAMBLIN, Adduci, Mastriani & Schaumberg, LLP. Click here to view the program and to register. Space is limited.
* NO ANTITRUST VIOLATION WITHOUT PROOF OF DISTINCT PRODUCT MARKET
DSM Desotech Inc. v. 3D Systems Corp. 13-1298 — On Friday in an opinion by Judge SCHALL, the Federal Circuit upheld a district court summary judgment that 3D Systems did not violate federal or state antitrust laws. The Federal Circuit retained jurisdiction although the parties stipulated to dismissal of a patent infringement claim. Desotech sold resins for use in stereolithographic machines. 3D Systems sold resins and stereolithographic machines that included radio frequency identification (RFID) technology to prevent use of non-approved resins. Desotech filed suit after negotiations for approval of its product broke down.
The Federal Circuit held Desotech failed to prove that a distinct product market existed for 3D Systems’ resins or stereolithographic machines or that a substantial number of customers were “locked in” to using 3D Systems’ technology. There was no anticompetitive conduct because customers knew about the RFID technology in 3D Systems’ machines prior to purchase. If potential customers did not like 3D Systems’ policies, they could buy different machines and not be locked in by high switching costs.
(1 to 4 stars rate impact of opinion on patent & trademark law)
IP IN THE MASS MEDIA
Record Labels Sue Pandora for Copyright Infringement
On Friday the Associated Press reported that a group of record labels filed a copyright infringement suit against Pandora Media Inc. for using pre-1972 songs without paying license fees.
Pfizer and Teva Settle Celebrex Patent Suit
On Thursday Reuters reported that Pfizer Inc. and Teva Pharmaceutical Industries Ltd. settled a patent suit over Pfizer’s pain medication Celebrex. In March, a U.S. judge invalidated Pfizer’s patent covering the drug.
CALL FOR NOMINATIONS FOR IPO EDUCATION FOUNDATION’S 41st INVENTOR OF THE YEAR
IPO Education Foundation’s 41st Inventor of the Year Award presents an opportunity for you to obtain recognition for a deserving employee, client, or colleague as an outstanding recent inventor. The award is intended to increase public awareness of current inventors and how they benefit the economy and our quality of life. Nominate your “Inventor of the Year” – the deadline for nominations is May 16. For nomination requirements, eligibility requirements and the nomination form, click here.
MORRISON & FOERSTER, LLP TO SPONSOR IPO’S ITC LITIGATION CONFERENCE
Many thanks to Morrison & Foerster, LLP for sponsoring IPO’s “Advanced ITC Litigation Class” on April 25 in Palo Alto, CA. Click here to view the program and to register.
IS YOUR COMPANY HIRING?
Any IPO member can post available positions on IPO’s IP Job Bank free of charge. Postings are split into either corporate or law firm positions and can be viewed by the public. Positions are removed or renewed after 60 days. To view the IP Job Bank, go to www.ipo.org/jobbank.
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.