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Patent Law
: Patently ObviousPatently-O Bits and Bytes
By Dennis Crouch, Esq.
- SanDisk and Samsung are in merger talks. One of the driving 'synergies' is that Samsung lays out "several million dollars" annually for flash-memory patent licenses.
- WSJ says Intellectual Ventures now holds over 20,000 patents. So far, IV had not filed any lawsuits.
- Patents are not helping Lehman in its collapse. The company employed 20,000+ but only holds 10 issued patents. (It did hold several others as collateral). [After I wrote this I saw two other comments on the same topic Zura BM]
- Stents: After a new trial, Cordis again won its patent infringement suit against Boston Scientific and Medtronic. Now, Judge Robinson will reinstate the $600 million in damages plus interest from the original 2002 verdict.
- No Subject Matter Jurisdiction: In ExcelStor v. Papst, the CAFC held that it does not have appellate subject matter jurisdiction over claims of patent licensee fraud or breach of contract.
- Strike: EPO examiners are scheduled to go on strike tomorrow ? but just for one day. They want better patent quality. "Constant decisions in favour of quantity
damage the quality of the patents."
- Jones Day Hates The WWW? The Cleveland based mega-firm has sued the operator of BlockShopper.com for announcing that two Jones Day associates had purchased expensive homes. BlockShopper apparently crossed the line when it added a link to the firm's website. [Hricik][Ambrogi][Randazza, who, by the way is a great writer][Levy].
- Risperdal: Last week, the CAFC held that Apotex could not challenge Janssen's patent if the purpose was simply to prevent the exclusive generic from potentially extending the start of its 180 days of exclusivity. In a parallel decision, the DC Circuit has held that TEVA has no right to be the exclusive generic. Although no written decision has issued, the court apparently decided that TEVA's paragraph IV certification was not sufficient because it challenged a patent that had already been de-listed from the orange book by the patentee. Other generics should be on the market very shortly.
Full post as published by Patently Obvious on September 17, 2008 (boomark / email).
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