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Friday, September 19, 2014

September 19, 2014

U.S. JUDICIAL CONFERENCE APPROVES AMENDMENTS TO FEDERAL RULES OF CIVIL PROCEDURE THAT WOULD AFFECT PATENT LITIGATION

supremecourt(200x130)On Tuesday the Judicial Conference of the United States approved and forwarded to the Supreme Court for its consideration proposed amendments to the Federal Rules of Civil Procedure. The proposed changes would affect all civil litigation, including patent litigation. One proposal deletes the Appendix of Forms, including the forms for patent and copyright infringement complaints, along with the rule that says the forms “suffice under these rules.” Other proposed changes relate to case management, discovery, and sanctions.

Last August, a Judicial Conference advisory committee proposed amendments and requested public comments. Over 2,300 written comments were submitted, including comments by IPO. The committee held three public hearings.

According to a memo submitted by the advisory committee, the final version of the amendments submitted for approval by the Judicial Conference was largely the same as the version published for public comment. The committee withdrew amendments that would have reduced the presumptive length and number of depositions under Rules 30 and 31 and the presumptive numerical limit of interrogatories under Rule 33, and withdrew an amendment that would have established a presumptive numerical limit of requests to admit under Rule 36.

The proposed amendments are being sent to the U.S. Supreme Court with a recommendation that they be adopted. If the Supreme Court adopts the amendments, they will take effect on December 1, 2015, unless Congress acts to reject, modify, or defer them.

IPO EDUCATION FOUNDATION ANNOUNCES VIDEO CONTEST WINNERS

The IPO Education Foundation is pleased to announce the winners of the 2014 IP Video Contest. Click on each student’s name to see their winning video.

13-15 Year Old Division:

NATALIE DIMUNDO, Santa Monica, CA
SIMON LUNDQUIST, Falls Church, VA

16-18 Year Old Division:

CHRISTIAN SURTZ, Batavia, IL
NOAH KLOSTER, Minneapolis, MN

The Video Contest encourages teens and the public to consider the value of the U.S. Patent System by submitting original videos illustrating why they feel the patent system is important.

This year’s contest also included an award for a teacher who referred a contest winner. Natalie DiMundo’s teacher ROSALYNN MOE will receive $1,500 towards her classroom. Thanks to Microsoft, Sterne Kessler Goldstein & Fox, and Intellectual Ventures for sponsoring this year’s contest. Congratulations to all of the winners!

ANNUAL MEETING PHOTOS POSTED

The 2014 IPO Annual Meeting photo album is now complete and on Facebook. Our photographer got some great shots. Click here to see if any are of you!

IP IN THE MASS MEDIA

News Corp. Criticizes Proposed EU Settlement with Google

Today the Wall Street Journal, U.S. print edition, reported that ROBERT THOMPSON, CEO of News Corp., wrote to the European Union criticizing the EU’s proposed settlement with Google, Inc., claiming the settlement would allow IP piracy. (News Corp. owns the Wall Street Journal’s publisher.)

Florida Virtual School May Enforce Trademark

Yesterday the Florida Supreme Court ruled that the state-created Florida Virtual School may enforce its trademark against Florida Virtual Academy and need not defer to the Florida Department of State. (TampaBay.com)

Cameron Wins “Avatar” Copyright Suit

On Wednesday a New York Judge found for film director JAMES CAMERON in a copyright suit brought against him by artist WILLIAM ROGER DEAN. Dean claimed the look of Cameron’s film “Avatar” was derived from Dean’s artwork. (Variety)

NEW IPO MEMBER

NISHA MOREAU of Oklahoma City, Okla. has become an individual member of IPO.

IP Chat Channel LogoNEXT WEEK ON IPO’S IP CHAT CHANNEL: TRADE SECRETS IN THE LIFE SCIENCES

Tune in to the IP Chat Channel, Wednesday, September 24 at 2:00p.m. ET to discuss Trade Secrets in the Life Sciences. Patents have always been the life blood of the pharmaceutical and biotech industries, but recent decisions from the U.S. Supreme Court may have made such protection harder to get and easier to invalidate. This webinar will examine the alternative of using trade secrets to protect intellectual property in the life sciences. Our panelists are MATTHEW PUGMIRE, Assistant General Counsel in the Pfizer patent group with responsibility for vaccines; DIANNA DEVORE, special counsel in the post-grant practice group at Oblon, Spivak, McClelland, Maier & Neustadt, LLP and former VP of IP at Ariosa Diagnostics; and MICHAEL SAMARDZIJA, a partner at Dentons US LLP and former director of IP at M.D. Anderson Cancer Center. They will discuss:

  • What kinds of IP in the life sciences are best suited to protection by trade secrets?
  • The potential value of “negative know-how”, i.e., what doesn’t work
  • The risk of losing trade secrets through disclosure to regulators
  • What kinds of information are amenable to trade secret protection in diagnostic laboratory-developed tests (LDTs)?
  • The risks to the makers of biosimilars posed by the disclosure requirements of the Biologics Price Competition and Innovation Act (BPCIA)

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.


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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