IPO Daily News™
Tuesday, September 30, 2014
DISTINGUISHED IP PROFESSIONAL ANNOUNCED
IPO Education Foundation is pleased to announce that Judge Richard Linn has been named 2014 Distinguished IP Professional. The Distinguished IP Professional award is given to an individual who has demonstrated extraordinary leadership in the IP community and a lifetime commitment to invention and innovation. Judge Linn is a circuit judge on the U.S. Court of Appeals for the Federal Circuit, to which he was appointed by President Bill Clinton in 1999. Prior to his appointment to the bench, Judge Linn was a patent attorney in private practice. He has been exceptionally involved in the American Inns of Court throughout his career.
IPOEF Executive Director HERBERT WAMSLEY said, “Judge Linn is one of the strongest promoters of civility, professionalism, and ethics in the legal community. We are proud to honor him for his work and congratulate him on his achievements.”
Judge Linn will be honored at the Foundation Awards Dinner in Washington, DC on December 9. Stay tuned to the IPO Daily News for information on purchasing tickets to the dinner.
* * PATENT PROSECUTION HISTORY ESTOPPEL BARRED APPLICATION OF DOCTRINE OF EQUIVALENTS
EMD Millipore Corp. v. AllPure Technologies, Inc. 14-1140 — Yesterday in an opinion by Chief Judge PROST, the Federal Circuit upheld a district court’s summary judgment of no patent infringement. Millipore’s patent claimed a device for withdrawing or introducing a sample into a container of fluid without contaminating the fluid and included “at least one removable, replaceable transfer member.” The district court found AllPure’s “TAKEONE” device lacked the claimed transfer member “both literally and under the doctrine of equivalents.”
The Federal Circuit held there was no genuine issue of material fact relating to literal infringement and, although the district court found no equivalents infringement, the court should have barred Millipore from asserting equivalents infringement. During prosecution before the USPTO, the transfer member limitation was narrowed to overcome a previous rejection. This created a presumption that prosecution history estoppel applied, which Millipore failed to rebut through one of the three Festo exceptions.
(1 to 4 stars rate impact of opinion on patent & trademark law)
IP CRIME UNIT JOINS IPO
IP Crime Unit of Cheshire, U.K. (primary contact TIM MASCALL) has become a small business member of IPO. Visit their website at www.ipcrimeunit.com.
IP IN THE MASS MEDIA
Infozone Sues Apple for Patent Infringement
Yesterday the Korea Herald reported that Korean firm Infozone sued Apple, Inc. for infringing patents on messaging technology.
Course Syllabi Ruled Subject to Copyright Protection
Yesterday an opinion piece in Forbes reported on a recent decision by a Missouri appeals court finding that college course syllabi are subject to federal copyright protection.
TODAY ON IPO’S IP CHAT CHANNEL: SOFTWARE LICENSE SAVVY
Tune in to the IP Chat Channel, Tuesday, September 30 at 2:00p.m. ET to discuss Software License Savvy: What IP Lawyers Need to Know – Negotiating a Software License. Panelists include EDWARD MOLYNEAUX, Adobe Systems Inc.; DAN PEPPER, Pepper Law Group; and AARON RUBIN, Morrison & Foerster, LLP. To register, click here. CLE granted in many states. IP Chat Channel webinars are recorded and available after the live webinars at www.ipo.org/IPChatChannel.
IPO ADVOCATES FOR YOU
On behalf of its members, IPO advocates reforms to provide cost-effective and reliable intellectual property programs. IPO positions are communicated to Congress, the U.S. Patent and Trademark Office, the U.S. Copyright Office, the U.S. Trade Representative and other administrative agencies. IPO also files amicus briefs in select cases of interest to a broad cross-section of IPO membership in order to influence government IP policy for the benefit of members. For more information about all of these activities, explore the Advocacy section of the IPO website. For more information about IPO’s government relations programs, email Samantha Jakhelln at firstname.lastname@example.org.
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.