Past Week’s Daily News™
Friday, October 31, 2014 12:58 pm
IPO MEETS JUDGES OF SHANGHAI COURT
Yesterday the IPO delegation commenced the Shanghai portion of its week-long, fact-finding trip with a visit to the Shanghai No. 1 Intermediate People’s Court. IPO Board Member ROY WALDRON (Pfizer, Inc.) led the discussion with a panel of five judges including the Chief Judge of the IP Tribunal, JUNHUA LIU, and the Court’s Vice President, LIMING TANG. Judge Liu discussed trade secret protection in China. He noted the technical difficulties typically involved in trade secret cases. Judge TANG asked about IPO’s international activities and opportunities for cooperation with U.S. judges.
IPO Members with Judges TANG and LIU
ONLY ONE SPONSORSHIP OPPORTUNITY LEFT FOR THE 2014 IP VIDEO CONTEST
All but one award has been sponsored in support of the IPO Education Foundation’s mission to reach young adults about the importance of the U.S. patent system. Could you or your organization support this valuable public awareness program? Contest winners in multiple age categories will receive $5,000 in cash prizes and scholarships. In addition to recognition as an award sponsor on the video contest website and in Foundation publications, sponsors will receive four complimentary tickets to the Foundation Awards Dinner. Special thanks to Microsoft Corp., Intellectual Ventures, LLC, and Sterne, Kessler, Goldstein & Fox for their generous support of IP Education! For more information about the contest, visit www.ipvideocontest.com. For information about how to sponsor an award, please contact Colleen Wellington-Caban at firstname.lastname@example.org or 202-507-4500.
Vice Commissioner Hong
IPO MEETS VICE COMMISSIONER AND BRANDS COMMITTEE
During lunch yesterday the IPO delegation welcomed Mr. YONGQING HONG, Vice Commissioner of the Shanghai Municipal Administration of IP. Hong entertained the group with a lively discussion about patent examiners, protection, and enforcement in Shanghai.
Yesterday afternoon the IPO delegation met with the Quality Brands Protection Committee of the China Association of Enterprises with Foreign Investment (QBPC). Discussions focused on several judicial interpretations on patent infringement adjudication and issues related to patent claim construction, direct and indirect infringement, and damages in the most recent draft patent law. QBPC and IPO delegates exchanged views on best practices for IP protection and enforcement in China.
IP IN THE MASS MEDIA
Spain Approves Tax on News Aggregators
Yesterday the San Jose Mercury News reported that the Spanish parliament approved legislation known as the “Google Tax,” which allows publishers to charge aggregators for displaying news in search results.
Generic Maker Petitions in India to Revoke Novartis Patents
Yesterday generic drug maker Cipla Ltd. said it had filed a petition asking the Indian government to revoke five Novartis AG patents on Onbrez, a drug used to treat chronic obstructive pulmonary disease. (Reuters)
TIRED OF GETTING APPROVAL EVERY TIME YOU WANT TO LISTEN TO IPO’S IP CHAT CHANNEL? GET A PASS!
Become a pass holder and give all the employees of your organization unlimited access to live and past webinars of IPO’s IP Chat Channel for one year. No more hassle of obtaining approval every time you want to tune in – provide your organization a year pass and they can sign up when their schedule permits. Many organizations have saved thousands of dollars by obtaining a pass for their employees. Save time, money and earn CLE credit! For more information, contact Clara Stanfield at email@example.com or 202-507-4500.
Thursday, October 30, 2014 12:29 pm
IPO CONCLUDES BEIJING PORTION OF TRIP WITH SUPREME PEOPLE’S COURT
Yesterday the IPO delegates, led by President PHILIP JOHNSON, met with three judges from the IP Tribunal of the Supreme People’s Court of China. The judges discussed establishment of China’s specialized intellectual property courts, which will be located in Beijing, Shanghai, and Guangzhou, and are intended to unify outcomes and improve quality and efficiency for IP-related cases. Work is ongoing to develop regulations for the specialized courts, to decide which types of cases they will hear, and to obtain public input. Judges presiding over the courts will have “technical specialists” available to advise them.
The judges asked IPO to explain how the U.S. Court of Appeals for the Federal Circuit deals with technical advice. IPO explained how technical evidence can be admitted into the record at the trial court level, but that any technical advice, such as from a law clerk, is advisory only and off the record. In the U.S., parties tend to provide their own experts, which may result in a “battle of the experts.” It was noted that this is different from court-appointed experts in the European Union. In the afternoon the delegation left Beijing to travel to Shanghai.
IPO President Philip Johnson and
TODAY ON IPO’S IP CHAT CHANNEL: PATENT DAMAGES
Tune in to the IP Chat Channel, Thursday, October 30 at 2:00p.m. ET to discuss Patent Damages: How to Build a Case Now. Panelists include the HON. PAUL GREWAL, U.S. Magistrate Judge of the Northern District of California; GARY HOFFMAN, Hoffman IP Consulting; and JOHN JAROSZ, Analysis Group. 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.
IP IN THE MASS MEDIA
Magazine Reports Drop in U.S. Patent Litigation
On Tuesday IAM Magazine reported that a Unified Patents study found a 23% drop in patent litigation between the second and third quarters of 2014 and a 27% year-on-year reduction. Unified Patents’ chief operating officer said the cause of the drop was not clear, but the biggest change was in the number of non-practicing entity suits in the high-tech sector, which fell 35% between the second and third quarters.
CNET Writes About Concerns Over TPP Agreement
An article published yesterday by CNET expressed concerns about the impact the Trans-Pacific Partnership agreement will have on copyright, particularly in Australia, if a recently leaked draft of the agreement is approved.
UK Launches New Orphan Works Policy
On Wednesday the UK launched a new orphan works policy allowing individuals and organizations to use orphan works as long as they have done a diligent search for the rights holders and paid a fee. (BBC News)
INVENTOR OF THE YEAR
IPO Education Foundation is pleased to announce that Dr. HUGH HERR has been named 2014 Inventor of the Year. The Inventor of the Year award is given to an inventor whose creations have made a significant impact on economies or quality of life.
Dr. Herr is head of the Biomechatronics research group at the MIT Media Lab and is being honored for his BiOM® T2 System. Replacing traditional prosthetics, the BiOM system is the world’s first bionic foot and calf system. It replicates an individual’s lost muscle and tendon anatomy and function in order to create a more normalized gate. The BiOM system has proven to be a life changing device for wounded soldiers and victims of the Boston Marathon bombing. The system has allowed Dr. Herr, a double amputee, to continue and improve his skills at rock climbing.
Dr. Herr 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. For more information on the BiOM System click here.
Wednesday, October 29, 2014 12:18 pm
IPO EXECUTIVE DIRECTOR RECEIVES AIPLA AWARD
Last Friday the American Intellectual Property Law Association gave its highest award, the AIPLA Board of Directors’ Excellence Award, to IPO Executive Director HERB WAMSLEY. The award recognized Wamsley’s “. . . . extraordinary leadership and service to the intellectual property community.” It was given at the annual meeting dinner attended by 500 people. Past recipients are DAVID KAPPOS, PAULINE NEWMAN, DONALD DUNNER, PAUL MICHEL, TOM ARNOLD, MICHAEL KIRK, GILES SUTHERLAND RICH, MARYBETH PETERS, ROBERT ARMITAGE, DON MARTENS, and HOWARD MARKEY.
IPO VISITS CHINA’S PATENT OFFICE
Yesterday morning, IPO’s fact-finding delegation met with officials of China’s State Intellectual Property Office (SIPO). Deputy Commissioner HUA HE welcomed the group. He provided an update on the status of SIPO’s draft service invention regulations and indicated SIPO had been working for over 20 years to develop regulations that would not interfere with a company’s internal management, but would incentivize employee invention and promote innovation. SIPO also addressed the timing for promulgation of the 4th Amendment to Chinese Patent Law, submission of supplemental data to overcome rejections during prosecution, and appeals under the new court system. SIPO asked the IPO delegation about patent-eligible subject matter in the U.S.
IPO Members at SIPO
BEIJING HIGH PEOPLE’S COURT DESCRIBES SPECIALIZED IP COURTS
Yesterday afternoon, in a meeting led by IPO Board Member EDWARD BLOCKER (Philips), judges from the Beijing High People’s Court welcomed the delegation. The judges addressed the standard of review of IP-related decisions from lower courts and administrative tribunals. The delegation and the judges exchanged information on the state of trade secret enforcement in Chinese and U.S. courts. The judges also described the forthcoming specialized IP courts and the expectation of over 10,000 cases per year in Beijing alone.
IPO Members at Beijing High People’s Court
IP IN THE MASS MEDIA
Mylan’s Bivalirudin Found to Infringe Patent
On Monday a U.S. district court found that Mylan Inc.’s proposed bivalirudin drug infringed patents on Medicines Co.’s Angiomax, an anticoagulant used in conjunction with aspirin for patients undergoing angioplasty. (Reuters)
Kamen Invention to be Featured at Museum
Yesterday the Washington Post reported that a documentary film on DEAN KAMEN’s “Slingshot” water purification invention will be shown at the Smithsonian Museum of Natural History on Sunday, followed by a panel discussion. IPO Education Foundation honored Kamen last December with the Inventor of the Year Award for the Slingshot invention.
University Moves to Halt Sale of “Free Gurley” Merchandise
Yesterday the Atlanta Journal Constitution reported that the University of Georgia has recently sent cease and desist letters to companies selling merchandise using suspended football player TODD GURLEY’s name.
Rights Holder Says “Croissant Donut” Does Not Infringe “Cronut” Trademark
DOMINIQUE ANSEL, creator of a croissant-donut hybrid pastry called a “cronut” told Fox News this week that Dunkin’ Donut’s soon to be released “Croissant Donut” does not infringe his trademark.
USPTO AND SMITHSONIAN COLLABORATE ON INNOVATION FESTIVAL
On November 1-2 the Smithsonian Institution and the U.S. Patent and Trademark Office will host an Innovation Festival at the Smithsonian Air and Space Museum in Washington, DC. Guests will have the opportunity to talk with inventors and the patent examiners who helped them with their inventions, learn the stories behind some of America’s breakthrough patented technologies, and try their hands at creating inventions of their own. For more information on the Innovation Festival, click here. For information on the ongoing innovation collaboration between the Smithsonian and the USPTO, click here.
HOTEL ROOM BLOCK FOR IPO FOUNDATION AWARDS DINNER
IPO has reserved a block of rooms at the Hotel Monaco for those attending the IPO Foundation Awards Dinner on December 9. To reserve a room at the IPO group rate of $289 + tax per night, call the hotel directly at 1-877-202-5411. The group rate is available until November 14 until the room block sells out, whichever comes first.
CORRECTION RE BIOSIG
The argument at the U.S. Court of Appeals for the Federal Circuit in Biosig, Inc. v. Nautilus, Inc. is today, not yesterday as stated in yesterday’s Daily News.
Tuesday, October 28, 2014 12:41 pm
IPO TREASURER JORGENSON NAMED AIPLA EXECUTIVE DIRECTOR
On Friday the American Intellectual Property Law Association (AIPLA) named LISA JORGENSON as its new Executive Director. Jorgenson is Chief Intellectual Property Counsel at STMicroelectronics. She is leaving her company to accept the AIPLA post. She has been an exceptionally active member of IPO. She is resigning her positions as IPO Treasurer, member of the Board of Directors, and member of the Executive Committee. A successor Treasurer will be elected soon. IPO Executive Director HERB WAMLSEY said, “Everyone in IPO congratulates Lisa on her appointment. The IPO leaders and staff look forward to continuing to work with her in her new position.”
FEDERAL CIRCUIT HEARS ARGUMENTS TODAY IN BIOSIG CASE
Today at 10 a.m. in courtroom 201, the U.S. Court of Appeals for the Federal Circuit will hear arguments in Biosig, Inc. v. Nautilus, Inc., on remand from the Supreme Court. In June 2014 the Supreme Court held in the case that patent claims must define the scope of the invention with reasonable certainty.
IPO VISITS CHINA’S TRADEMARK OFFICE
Yesterday the IPO delegation met with the State Administration of Industry and Commerce (SAIC) and Chinese Trademark Office. Deputy Director SHANPENG DAI explained recent amendments to Chinese Trademark Law including provisions related to bad-faith registrations, increased infringement awards, and improved filing procedures. IPO and SAIC representatives exchanged views on enforcement and protection of well-known trademarks, application of new likelihood of confusion standards to exported goods from original equipment manufacturers (OEMs), and whether Chinese Trademark Law permits co-existence of similar trademarks. LAURE VAN OUDHEUSDEN (Philips) served as the delegation’s discussion leader for the meeting.
FESTIVAL LINEUP INCLUDES FRIENDS OF IPO EDUCAITON FOUNDATION
The schedule and speakers for the 2015 South by Southwest music, film, and interactive festival were announced last week and include two friends of the IPO Education Foundation. Dr. HUGH HERR will be a featured speaker in the interactive festival. Dr. Herr is IPOEF’s 2014 Inventor of the Year and head of the Biomechatronics Research Lab at MIT.
2014 Foundation Awards Dinner presenter PAOLA ANTONELLI will give the keynote address on Friday March 13. Ms. Antonelli is the Senior Curator of Architecture & Design at the Museum of Modern Art in New York City.
Dr. Herr and Ms. Antonelli will speak at the IPO Education Foundation Awards Dinner on December 9. For more information or to register for the Awards Dinner, click here.
CHINA LEGISLATIVE AFFAIRS OFFICE WELCOMES IPO
Yesterday afternoon the IPO fact-finding delegation met with the Legislative Affairs Office of China’s State Council. Director General ZHENJIANG WANG provided updates on the status of several pending proposed laws and regulations including the proposed amendments to China’s Patent Law, the draft service invention regulations, and the pre-draft amendments to unfair competition law regarding trade secrets. He said the office appreciated receiving input and encouraged IPO’s continued participation in responding to requests for public comment. Discussion leader JAMES CALKINS (Sanofi) highlighted IPO’s recent submission in response to the request for public comment on the draft service invention regulations from China’s State Intellectual Property Office.
Larry Welch and Phil Johnson with Zhenjiang Wang
IP IN THE MASS MEDIA
European Court of Justice Allows Embedding Copyrighted Videos
Yesterday Music Week reported that the European Court of Justice ruled embedding a copyrighted video on a website does not constitute copyright infringement as long as the video remains unaltered and is not communicated to a new public.
SK Telecom Sues Viber for Patent Infringement
Yesterday SK Telecom Co. said it sued mobile messenger Viber for infringing four patents. Neither company specified the type of technology covered by the patents. (GlobalPost)
LAST DAY TO ENTER TO WIN AN IPAD MINI
Today is the last day to update your IPO member record and enter for a chance to win an iPad Mini. Follow the instructions below to log in to IPO’s website to either update or confirm that your member record is correct. Then e-mail us to let us know that it is correct or to confirm that you have updated it. You will be entered into a drawing to win an iPad Mini.
To view your member record go to www.ipo.org → Member Center → My Profile, then log in. Unless you changed it, your username is your e-mail address. If you do not know your password, click “forgot password” to have it sent to you. Please reply to this e-mail or call us at 202-507-4500 if you have any trouble logging in
Monday, October 27, 2014 12:47 pm
IPO FACT-FINDING TRIP TO CHINA KICKS OFF WITH MEETING WITH PATENT PROTECTION ASSOCIATION OF CHINA
Yesterday IPO’s 2014 fact-finding trip to China began with an all-day forum in Beijing with the Patent Protection Association of China (PPAC). A panel of speakers from both organizations discussed results from a survey of corporate members on enforcement of intellectual property rights in China. Representatives from U.S. and Chinese companies provided the audience with insights into their experiences with and best practices for IP enforcement in China through judicial, administrative, and alternative means. IPO Daily News will report on the trip throughout this week.
IPO and PPAC Members in Beijing
U.S. IP ATTACHE IN BEIJING WELCOMES IPO
Yesterday evening IPO’s delegation to China was welcomed by JOEL BLANK, the U.S. State Department and USPTO Intellectual Property Attaché in Beijing. In remarks to the delegation, Blank provided an update on hot IP issues in China. He also explained aspects of the upcoming APEC (Asia-Pacific Economic Cooperation) meeting in Beijing, which involves meetings between senior officials of 20 countries. IPO’s delegation is led by Asian Practice Committee Chair LARRY WELCH (Eli Lilly).
Left to right: Larry Welch (Eli Lilly), James Calkins (Sanofi),
IP IN THE MASS MEDIA
Lucas Film Opposes “Strikes Bock” Beer Trademark
Last week Lucasfilm, creators of the Star Wars franchise, filed an opposition in the USPTO to a trademark application by Empire Brewing Co. for a beer named “Strikes Bock”. (CNN Money)
Blog Criticizes Design Patents
Last week The Hill’s Congress Blog featured a post claiming design patents are the root of much patent litigation, including the so-called “smartphone wars.” The author complained that designs patents are now granted on small features of a product instead of for the design of the entire product. Where design patents are concerned, plaintiffs are awarded the infringer’s total profits from sales “even if the infringing element had nothing to do with those sales.” In addition, the writer noted design patent applications are confidential and not subject to the publication requirement for utility patents.
Google Receives Most Fast Track Patents
Yesterday the Washington Post reported that Google, Inc. has received the largest number of expedited U.S. patents under the “Track One” program since the program was instituted three years ago. Google has received 875 so-called “fast track” patents, followed by Huawei Technologies with 147, LG Electronics with 72 and Silicon Valley Bank with 66.
THIS WEEK ON IPO’S IP CHAT CHANNEL: PATENT DAMAGES
Tune in to the IP Chat Channel, Thursday, October 30 at 2:00p.m. ET to discuss Patent Damages: How to Build a Case Now. The HON. PAUL GREWAL, U.S. Magistrate Judge of the Northern District of California, is the featured expert on this program. The panel, which includes veteran litigator GARY HOFFMAN of Hoffman IP Consulting and economist JOHN JAROSZ of the Analysis Group, will give advice on how to think about damages at each stage of litigation. Included in the discussion with be VirnetX v. Apple, last month’s opinion by the Federal Circuit. That decision is the appellate court’s latest to restrict allowable methods for calculating infringement damages and to require more careful analysis of how the invention is responsible for spurring sales of the infringing product. 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.