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IPO Daily News™

Tuesday, 18 August 2015 12:18 pm

Federal Circuit Summaries Logo* * LICENSING PROGRAM FOR OPTICAL DISC STANDARDS NEGATED PATENT INFRINGEMENT THEORY

JVC Kenwood Corp. v. Nero, Inc. 14-1011 — Yesterday in an opinion by Judge NEWMAN, the Federal Circuit upheld a district court’s summary judgment of no infringement. JVC’s patents claimed technology related to DVD and Blu-ray optical discs. Nero sold software that complied with the same standards that were essential to manufacture, sale, and use of licensed DVD and Blu-ray optical discs. JVC alleged that users of Nero’s software in conjunction with DVD and Blu-ray optical discs directly infringed, and that Nero, as provider of the software, indirectly infringed. The district court said JVC was barred from asserting claims of direct infringement against end-users of licensed optical discs, and without direct infringement, Nero could not be liable for indirect infringement.

On JVC’s infringement theory and supporting evidence, the district court properly granted summary judgment of no infringement. JVC’s theory was “negated by the ‘extensive licensing program, both as part of the DVD6C and One Blue patent pools as well as through JVC’s individual licensing program.’” JVC failed to present any specific allegations or evidence related to unlicensed discs.
(1 to 4 stars rate impact of opinion on patent & trademark law)

DIRECTOR LEE SAYS ECONOMIC DATA SHOWS YOUNG COMPANIES OWNING PATENTS CONTRIBUTE MOST TO JOB GROWTH

Yesterday USPTO Director MICHELLE LEE told the Technology Policy Institute Aspen Forum in Aspen, Colorado that economic research shows small and young company patent holders add disproportionally more new jobs. She said: “One of the things the data tells us—for example—is that small companies, and especially young companies, make the largest contributions to employment growth. And among small and young companies, those holding patents are responsible for adding disproportionally more new jobs than those companies without patents. The bottom line is that the research, both here in the U.S. and abroad, strongly supports the need for small companies to fully participate and compete in our innovation economy.”

HARMAN INTERNATIONAL JOINS IPO

Harman International Industries, Inc. of Stamford, Conn. (primary contact ALYSSA HARVEY DAWSON) has become a corporate member of IPO. Visit their website at www.harman.com.

IP Chat Channel LogoIPO’S IP CHAT CHANNEL: AMGEN V. SANDOZ

Tune in to the IP Chat Channel on September 2nd at 2:00p.m. ET to discuss Amgen v. Sandoz: What Now? The “patent dance” spelled out in the 2010 Biologics Price Competition and Innovation Act (BPCIA) was recently declared by the Federal Circuit to be just one option open to biosimilar market aspirants, upending the expectations of many industry participants. Our panel includes two patent litigators — KEVIN NELSON of Duane Morris, who counsels on biosimilar launches, and ELIZABETH WEISWASSER of Weil, Gotshal & Manges LLP, who counsels on branded strategy — as well as KRISTA CARVER of Covington & Burling, an FDA regulatory attorney who counsels innovative biotech companies in legislative matters.

They will discuss branded company strategy now that an innovator may have only six months notice before a biosimilar launch; the new importance of competitive intelligence; biosimilar launch strategy, including the pros & cons of the BPCIA pathway – will any biosimilar aspirants still choose to go the BPCIA route? and the importance of due diligence and assessing at-risk launches; new litigation dynamics outside the BPCIA, including crucial preliminary injunction battles, discovery, licensing, damages and willfulness; and the next step and the end game: en banc at the Federal Circuit? How will this all end up? 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

Rambus Diversifies by Selling Chips

Yesterday the Wall Street Journal reported that memory chip maker Rambus, Inc. announced it will begin selling its own products later this year after relying almost entirely on licensing revenue for most of its 25 year existence.

Seahawks Change Slogan for 2015 Season

Yesterday the Washington Post reported that the Seattle Seahawks professional football team is phasing out its use of the slogan “Home of the 12th man,” which it licensed from Texas A&M University, in favor of “Home of the 12s”. The team is said to be in the process of protecting multiple variations of “12”.

2015 AM ButtonIPO ANNUAL MEETING ADDRESSES PATENT AND COPYRIGHT PROTECTION FOR SOFTWARE AFTER ALICE AND ORACLE

The IPO Annual Meeting will feature a session on patent and copyright protection for software after Alice and Oracle. While software can be protected by multiple intellectual property disciplines, recently decided cases have led courts, IP owners, and practitioners increasingly to ask under what circumstances can software be protected and what IP protection is preferable for software.

This presentation will take a holistic approach as leading experts in the field MATTHEW SARBORARIA, Oracle; ANDREW WOJNICKI, IBM; and DAVID LEICHTMAN, Robins Kaplan discuss the cases, examine the benefits and disadvantages of different IP frameworks and remedies, and reflect on the strategic considerations motivating IP owners’ choices. As explained by moderator, JOSHUA SIMMONS of Kirkland & Ellis, “We are standing at an inflection point in IP law for software. Our hope is that this panel will shed some light on what is waiting around the next curve.”