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IPO Daily News™

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Monday, October 20, 2014

OCTOBER 20, 2014

Federal Circuit Summaries Logo* RULE OF PATENT CLAIM DIFFERENTIATION DID NOT TRUMP CLEAR MEANING

CardSoft, LLC v. VeriFone, Inc. 14-1135 — On Friday in an opinion by Judge HUGHES, the Federal Circuit overturned a district court’s patent infringement judgment. CardSoft’s patents claimed a “virtual machine” for processing communications on specialized portable computers like payment terminals. The district court construed “virtual machine” as “a computer programmed to emulate a hypothetical computer for applications related to transport of data.” The district court erred by not construing this limitation in accordance with its ordinary and customary meaning as understood by a person of ordinary skill in the art at the time the patents were filed. Both the intrinsic and extrinsic evidence established that “the defining feature of a virtual machine was its ability to run applications that did not depend on any specific underlying operating system or hardware.”

The Federal Circuit rejected CardSoft’s argument that claim differentiation supported the district court’s construction. Claim differentiation was “a rule of thumb” that did not “trump” the ordinary meaning of “virtual machine,” which was clear from the specification and prosecution history.
(1 to 4 stars rate impact of opinion on patent & trademark law)

WIKILEAKS LEAKS DRAFT IP CHAPTER OF TRANS-PACIFIC PARTNERSHIP AGREEMENT

Last week WikiLeaks published a document it claimed was the confidential, 77-page draft intellectual property chapter of the Trans-Pacific Partnership agreement, a trade agreement that the United States is negotiating with 11 other countries in the Asia-Pacific region. WikiLeaks said the text emerged from a TPP negotiating session in May 2014. The text sparked criticism among some public interest groups critical of strong IP protection. IPO supports comprehensive, high standards for the protection and enforcement of intellectual property rights in the TPP.

A spokesperson for U.S. Trade Representative MICHAEL FROMAN sent a note to the Wall Street Journal responding as follows: “The intellectual property negotiation in TPP is ongoing and a final text has not been agreed to. We strongly caution anyone from drawing premature conclusions of any kind based on supposed leaked text from unsubstantiated, unnamed sources. The U.S. is working to reach an outcome in TPP that upholds our values by balancing the need to promote access to medicines with the need to ‘incentivize’ the development of life-saving new drugs and to create jobs in innovative American industries.”

Information about the agreement is available on the USTR website. The next TPP negotiating session begins later this week in Australia.

ABEL & IMRAY JOINS IPO

Abel & Imray of London, UK (primary contact JIM DENNESS) has become a law firm member of IPO.

IP IN THE MASS MEDIA

New Yorker Writes on Copyright

In an article in this week’s New Yorker magazine, LOUIS MENAND writes about the history, purpose, and differing views on copyright. The author questions whether copyright law is too strict.

Amgen Sues Regeneron, Sanofi on Cholesterol Drug Patent

On Friday Amgen Inc. sued Rogeneron Pharmaceuticals Inc. and Sanofi SA for infringing three Amgen patents on a cholesterol drug targeting the PCSK gene. (Wall Street Journal)

Public Radio Discusses Performance Royalties

On Saturday public radio program “Studio360” featured a segment titled “Older Musicians Would Like Some Royalties Too.” The segment focused on a lobbying campaign by musicians for legislation that would require performance royalties to be paid on music recorded before February 1972.

Some Respondents to Poll Say Patents a Barrier to Innovation

The November issue of The Atlantic magazine reported on a “Silicon Valley Insiders Poll.” Eight percent of 50 “executives, innovators, and thinkers” ranked need for patent reform as “the biggest barrier to innovation in the United States.” Need for patent reform was the sixth most named of seven barriers.

Forbes Contributor Writes on TPP Leak, Criticizes Copyright Provisions

On Friday Forbes published an op-ed by contributor EMMA WOLLACOTT titled “Latest TPP Leak Reveals Even Harsher Copyright Rules.” Woollacott argued that U.S. copyright proposals in the draft published by WikiLeaks are “draconian.”

UPDATE YOUR MEMBER RECORD FOR A CHANCE TO WIN AN IPAD MINI

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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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