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IPO Daily News™

Friday, 20 July 2018

20 July 2018

Federal Circuit Summaries Logo

* JUDGE STOLL’S OPINION AMENDED RE DENIAL OF ATTORNEYS’ FEES FOLLOWING INEQUITABLE CONDUCT FINDING

Energy Heating, LLC v. Heat On-The-Fly, LLC [errata], 16-1559 — Yesterday the Federal Circuit posted an errata document changing pages 16-17 of Judge STOLL’s opinion. (See 5 May 2018 IPO DAILY NEWS for the opinion and IPO’s summary.) The errata document deletes three passages and inserts updated language. Stoll’s opinion held that a district court must “articulate a basis for denying attorneys’ fees following a finding of inequitable conduct.”
(1 to 4 stars rate impact of opinion on patent & trademark law)

HOUSE BILL PROPOSES TO STUDY GAPS IN PATENTING RATES

Yesterday Reps. BARBARA COMSTOCK (R-Va.) and ALMA S. ADAMS (D-N.C.) introduced H.R. 6390, the Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act. The bill directs the Small Business Administration to conduct a study about “closing the race, gender, and income gaps in patenting rates for small businesses.” A press release announcing the bill’s introduction notes that “[w]omen hold less than 20% of all patents and a 2017 study showed that racial minorities hold between 8% and 13%.” The purpose of the proposed study is to facilitate the development of “policies to help these underrepresented groups further engage in the entrepreneurial activities that are the backbone of our American economy.”

BEST PRACTICES TO PROTECT FAMOUS TRADEMARKS INTERNATIONALLY TO BE DISCUSSED DURING IPO ANNUAL MEETING

With an increase in trademark hijackers, bad faith filings, and infringement through online and social media platforms, brand owners and their counsel need to be on top of their game to protect famous marks around the globe. Attend a session on protecting famous trademarks internationally at the 2018 IPO Annual Meeting to hear strategies and best practices in various jurisdictions, including how to establish that a mark is famous and well-known with surveys and other evidence, and what can be expected from famous mark registries. Moderated by CATHERINE MENNENGA (General Electric Co.), speakers include ASHISH MARBANIANG (K & S Partners), ANDREAS RENCK, (Hogan Lovells), and JOE SIMONE, (Simone IP Services). Panelists will also explore alternative strategies for protection, such as copyright and industrial designs, and practical ways to deal with the increased need for enforcement. The meeting will take place from 23-25 September at the Hyatt Regency Hotel in Chicago, Illinois.

IP IN THE MASS MEDIA

Novartis Sues Generics on MS Drug Gilenya

Yesterday Bloomberg reported that Novartis AG sued “about two dozen generic-drug makers” for infringing a patent on its best-selling multiple sclerosis drug Gilenya. Novartis to seek to prevent the sale of generic versions until the patent’s expiration in 2027.


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.


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