Monday, July 28, 2014

Blogging of material in court records: can publicly available information be confidential?


All of Hunter's blog posts involved cases that had been concluded. Moreover, the VSB [p. 503] concedes that all of the information that was contained within Hunter's blog was public information and would have been protected speech had the news media or others disseminated it. In deciding whether the circuit court erred,we are required to make our "own inquiry into the imminence and magnitude of the danger said to flow from the particular utterance and then to balance the character of the evil, as well as its likelihood, against the need for free and unfettered expression." Landmark Communications, Inc. v. Virginia, 435 U.S. 829, 843, 98 S. Ct. 1535, 56 L. Ed. 2d 1 (1978). "At the very least, [the] cases recognize that disciplinary rules governing the legal profession cannot punish activity protected by the First Amendment, and that First Amendment protection survives even when the attorney violates a disciplinary rule he swore to obey when admitted to the practice of law." Gentile, 501 U.S. at 1054. (...)
State action that punishes the publication of truthful information can rarely survive constitutional scrutiny. Smith v. Daily Mail Pub. Co., 443 U.S. 97, 102, 99 S. Ct. 2667, 61 L. Ed. 2d 399 (1979). The VSB argues that it can prohibit an attorney from repeating truthful information made in a public judicial proceeding even though others can disseminate this information because an attorney repeating it could inhibit clients from freely communicating with their attorneys or because it would undermine public confidence in the legal profession. Such concerns, however, are unsupported by the evidence. To the extent that the information is aired in a public forum, privacy considerations must yield to First Amendment protections. In that respect, a lawyer is no more prohibited than any other citizen from reporting what transpired in the courtroom.

See also -- 786 F. Supp. 2d 1107 (ED Va 2011) --

Cross-reference: 2012 N.J. Super. Unpub. LEXIS 29

The confidentiality provisions of the settlement agreement are inconsistent with N.J.S.A. 45:9-22.21 to -22.25, specifically, N.J.S.A. 45:9-22.23(a)(10) and Rule 1:38, which permit free access by the public to the information sought to be concealed. Severance of these provisions ordinarily would not permit enforcement of the agreement. Defendant, however, advised this court at oral argument

As Beats goes after Chinese counterfeiters, Bose goes after Beats

From within an article titled Bose Sues Beats Electronics, Alleging Patent Violations in Design of Beats Studios, Solos.

We do know, however, that if Bose manages to win its case, Beats could be in trouble. Just as Beats is suing Chinese counterfeiters for billions in lost profits, Bose could claim it's owed a slice of Beats' profits from the products made in violation of its patents.

As to Beats, a CNN story in 2013 noted

Three weeks ago, hip-hop star Andre Young -- better known as Dr. Dre -- made news as his Beats Electronics line, a maker of premium headphones, was valued at more than $1 billion thanks to an investment from the Carlyle Group.

But the former N.W.A. rapper is not the only one profiting from his headphone line. Across the Pearl River Delta in southern China, counterfeit Beats are flowing out of factories, assembly workshops and shops, attracting businesspeople that sell the headphones on global markets. (...)

Factory owners here have a nose for what's hot and what's not. Nearly 70% of all fake goods -- including DVDs, clothing, and electronics goods -- seized worldwide from 2008-2010 came from China, according to the World Customs Organization.

And looking at the shops in Shenzhen's Huaqiangbei commercial district -- a destination for buying electronics, especially fakes -- Beats by Dr. Dre are definitely hot, prominently displayed next to iPhones, Samsung gear and Nikon cameras. To look at them, some are clearly fakes with poor packaging and logo color schemes that are wildly different from those well-known products.

TMZ reported on a lawsuit by Dr. Dre on 10 July 2014. AppleInsider noted: Recently-confirmed Judge Manish S. Shah will oversee the case in the United States District Court for the Northern District of Illinois.

Boston Globe expounds on plagiarism

The Boston Globe discusses recent plagiarism incidents in an article Plagiarism incidents undercut message to students

Included in the text is

a high school principal in New York apologized after writing a yearbook message that was nearly identical to a California principal’s from a year earlier, down to the name of his school.

One recalls an IPBiz post back in 2007 which included:

The onlypunjab web site still has the article:

Edison as a Patent Troll, or Where is California Going in Stem Cell Research? -
By: Annie Kaszina

in which "Annie Kaszina" had substituted her name for LBE in an article which had appeared on ezines in June 2006. Unfortunately for "Annie," the bio of LBE was left at the bottom of the article, and as of May 12, 2007, the bio still is within the plagiarized article on theonlypunjab site:

Lawrence B. Ebert is a registered patent attorney located in central New Jersey. He holds a Ph.D. from Stanford, a J.D. from the University of Chicago, maintains a blog at, and is the author of LESSONS TO BE LEARNED FROM THE HWANG MATTER: ANALYZING INNOVATION THE RIGHT WAY, published in the Journal of the Patent & Trademark Office Society [88 JPTOS 239 (March 2006)]. The above material is based on a submission to Intellectual Property Today [IPT] which was supposed to have been published in April 2006, but which was not published. Most endnotes of the IPT submission have not been reproduced here. The contents of Endnote 18 of the IPT submission did appear within comments to the USPTO concerning proposed rulemaking about continuing patent applications. Ezine draft submitted June 16, 2006.

Plagiarism is bad. Leaving behind indicia of the original author is stupid.

As to the Boston Globe and plagiarism, recall from a CNN story in the year 1998:

Boston Globe columnist Mike Barnicle quit Wednesday as questions were being raised about two more of his columns.

The pugnacious writer, who has become an institution in Boston over the course of a 25-year career at the Globe, told TV station WCVB that his resignation was "the best thing for the paper."

Globe editor Matthew Storin told the staff that he had asked for and received Barnicle's resignation, because of questions about whether the writer had fabricated characters in a 1995 column.

Also, in an issue that will hit newsstands Friday, The Boston Phoenix weekly newspaper will report that Barnicle lifted portions of a 1986 column from a 1961 book by journalist A.J. Liebling.

Earlier this month, Storin demanded Barnicle's resignation after discovering that he used jokes from a book by George Carlin without attribution in an August 2 column. But after an outcry from the public and some other journalists, Storin relented and announced last week that Barnicle would be suspended for two months without pay instead.

Chinese companies to enter rare earth magnet area in the US after expiry of Hitachi patent?

An article titled Hybrid car batteries, iPhones may become cheaper notes consequences of expiry of patents to Hitachi on rare earth magnets. There is text

The expired US patent 5,654,651 covers magnets with neodymium, a rare earth element, and cobalt, according to Sun [ chairman of Shenyang General Magnetic Co ].

One notes that US 5,654,651 [to Hitachi] is titled CMOS static logic circuit with abstract

A static logic circuit employs pull-down type logic gates having logic transistors forming a power supply current path and logic transistors forming a grounding current path and having current drive abilities higher than those of the logic transistors forming the power supply current path, and pull-up type logic gates having logic transistors forming a power supply current path and logic transistors forming a grounding current path and having current drive abilities lower than the logic transistors forming the power supply current path, and comprises logic series formed by alternately cascading the two types of the logic gates. The static logic circuit is provided with signal merged logic circuits each of which provides a signal having a high speed falling transient and a high speed rising transient by merging the output signals of the logic series.

The word "magnet" does not appear in the patent text.

Bloomberg has a related article China Takes on Hitachi as 17-Year-Old Rare Earth Patent Ends. The Bloomberg article refers to the same US Patent.

The expired U.S. patent 5,654,651 covers magnets with neodymium, a rare earth element, and cobalt, according to Sun. The Chinese alliance plans to sue Hitachi in the U.S. over several other patents that cover production, he said.

Sunday, July 27, 2014

CBS Sunday Morning on July 27, 2014; cover story on hoarding

Charles Osgood did the stories for July 27. Rita Braver does the cover story on hoarding, now diagnosed as a mental disorder, afflicting 5% of Americans. New help for hoarders. Lee Cowan interviews Angelica Huston. Third, Mark Strassman on Nixon's tapes. Barnyard cursing. Fourth, Sarah McLachlan done by Anthony Mason. Now touring. Fifth, Mo Rocca on manscaping.

Headlines: Hamas proposing a cease-fire. In Libya, US State Dept. closed embassy. Donetsk, Ukraine. Wildfire in Plymouth, CA. Nude painting in NYC. Weather: thunderstorms in NE.

Rita Braver on keeping too many books and papers. Joann Garland of Greenfield, MASS. Decades of stuff. The volume of clothing has overwhelmed her. Garland continues to hoard. Wire handles from Chinese takeout containers. I hate to waste anything. Up to 5% of the US population. 31% of Americans acknowledge having too much stuff. Reality tv. DSM-5 recognized hoarding as a mental disorder. Inability to keep it organized. Randy Frost of Smith College. Compulsive Hoarding. in 1947, the Collier Brothers bodies discovered. Houses were really full. Rich and poor alike. Hoarding runs in families. Suffer from depression. Anterior cingulate cortex. Book: Buried in Treasures. Recognizing the problem. Establish weekly goals. eg, tidy up bedside tables. Lillian Evers. Carol Star: felt like I was suffocating. Make my house a house again. Leader Lee Shore. 8 years ago his home was a disaster zone. Wife: me or the stuff. Separate into keep and give away piles. You still have impulse, but your reaction changes. Likely to be a live long struggle.

Almanac. July 27, 1965. Cigarette smoking and health. President Johnson signed bill requiring warning labels on cigarette packs. Winston tastes good like a cigarette should. As of 1970, cigarette commercials banned from tv. [April 1, 1970: Nixon signs legislation banning cigarette ads on TV and radio ] Just over 42 million American adults continue to smoke. About 1 death in every five due to smoking.

Manscaping, man grooming, story done by Mo Rocca. Stella Barba in Miami [Barba Skin Clinic[. Marcel Martinez is a patient. Laser zaps the hair and follicles underneath. European Wax Center: uses beeswax to remove hair. Joe Dooley: follicle fall guy, has chest hair removed via wax.

Building a Mystery. Anthony Mason talks to Sarah McLachlan . Her adoptive father died of cancer in 2010. A time when big changes happen. She lives in West Vancouver, and has a recording studio in her home. I go play the piano and it clams me right down. New album "Shine On." Unconditional love from her father, who was always there. She grew up in Nova Scotia. Signed to a record deal at age 19. Song "Angel." Related to the death of drummer of "Smashin' Pumpkins."
Used in a commercial for ASPCA Will you be an angel for a homeless animal. Raised 30 million dollars. A tour of all woman artists. Lilith Fair.[McLachlan founded the Lilith Fair tour, taking Lilith from the medieval Jewish legend that Lilith was Adam's first wife. ] Now have Sarah McLachlan School of Music.

Mark Strassman on the Nixon tapes. Alexander Butterfield. 3700 hours of tape. Luke Nichter of Texas A & M. Douglas Brinkley of Rice co-authored the Nixon Tapes. Humphrey: a gibbering idiot at times. 700 hours of tapes remained unreleased. Nixon is a prism.

Pulse. 28% say Nixon was a good president.

Mark Uptigrove director of LBJ Library. on Gerald Ford. Uncomplicated and down to earth. Our long national nightmare is over. Here the people rule. One month later, Ford pardoned Nixon. Ford's decency. Gerald Ford ultimately fit the moment. Times when goodness will do.

A bucket list. Steve Hartman in Chico, California. Christina Chesterman killed by drunk driver. She wrote a bucket list. Niagara Falls; save someone's life. Break up a fight between two guys over her. Her parents work on completing her bucket list. Thousands of people are doing her bucket list. [July 25: n our continuing series "On the Road," Steve Hartman meets Sandra and David Chesterman, a couple that's celebrating the life of their daughter Kristina in a very special way -- through her bucket list. ]

The Grifters. Lee Cowan on Angelica Huston. Bought a farm near Sequoia National Park. "A Story Lately Told," published by CBS Simon and Shuster. Her grandfather, Walter Huston; father John Huston. Her mother died in a car accident. She headed for New York. Photographer Bob Richardson. Do you ever get tired talking about Jack Nicholson. Prizzi's Honor. You wanna do it? She married Robert Graham.

A tale of two cities. Relative happiness. Richmond, VA happiest. New York City, least happy.

School of Rock. Martha Teichner on "Boyhood" from age 6 to 18. Patricia Arquette and Ethan Hawke. Film was shot over 12 years. Manipulation of time. Accumulation of small but emotional moments. Red neck bar mitzvah. Worked as off shore oil worker. Summer 85 to spring 91. Moved to Austin, Texas. Slacker made for $23,000; msde $1.2 million.
Dazed and Confused. Matthew McConaghy. School of rock. "Before" trilogy. Waking Life. Budget for Boyhood, 2.4 million. Stays in Austin, Texas. 20 acres of old airport are now a studio.

Monday: Arlington renewal day. Tuesday: Warren G. Harding love letters Wednesday: Tuskegee Airman Thursday: Snowden asylum Friday: Chicago festival Saturday: Pro footbell hall of fame in Canton, Ohio

Next week: Osker Pistorious.

Moment of nature: Viking River Cruises. Texas Horned Lizards in Matador Wildlife Area in Paducah, Texas.

Saturday, July 26, 2014

Who found the lionfish in Florida rivers?

Christie Wilcox covers the dispute over credit for the "lionfish in Florida rivers" in a post titled
Proceeding upriver: a timeline of the dispute over estuarine lionfish .

The players in the dispute:

Zachary Jud, then a grad student at FIT, who discovered lionfish in rivers of salt content below that of adjacent ocean and published thereon in 2011. [ Jud is the first author of AQUATIC BIOLOGY Vol. 13: 21–26, 2011 titled Recent invasion of a Florida (USA) estuarine system
by lionfish ]

Craig Layman, Jud's thesis advisor, second author of 2011 paper

D. Albrey Arrington, of Loxahatchee River District, which funded some of Jud's studies, and who is listed as the third author of the 2011 paper. Father of Lauren.

Lauren Arrington who did a sixth-grade science project on lionfish salinity tolerance after the 2011 pape was published. [ Lauren set up her experimental tanks on September 8, 2012. ]

By 2014 the popular press had altered the story:

The Palm Beach post publishes a story on Laura Arrington’s science fair project and her acknowledgement in Jud et al. 2014. “Through long hours of research the Jupiter resident proved that lionfish certainly can live in nearly pure freshwater, which means they are more of a threat than expected,” writes Dianna Smith. “No one knew this before. Not even prestigious Florida scientists who have studied this ecosystem for years.”

from a CBS interview

After describing Lauren’s experiment, the reporter speaks to Albrey. “So no one really knew that lionfish were a threat in rivers like this one?” the reporter asks. “They didn’t. We certainly did not understand that. Lauren’s research showed they are.”

Benny Johnson terminated by BuzzFeed for plagiarism, curiously after Johnson blasted the Independent Journal Review for plagiaism

Paul Farhi noted:

In an apology published late Friday night [July 25, 2014], editor Ben Smith [of Buzzfeed] acknowledged that one of the site’s most prolific writers, Benny Johnson, had plagiarized the work of others 40 times in some 500 articles and posts. Johnson has been fired, Smith said.


The NY Post questioned Johnson's choice of copying victims:

His offense wasn’t copying, without crediting, the classics. If only he had. No, his alleged sin was nicking from such mind-numbing sources as Wikipedia, Yahoo! Answers and a Texan Congressman’s self-promoting Web site.

The Post further questioned Buzzfeed's claim to fame:

“In the eyes of many journalists, BuzzFeed is constantly walking a fine line between aggregation, or ‘curation,’ and theft,” Politico’s Dylan Byers wrote.

Thursday, July 24, 2014

Major plagiarism scandal brewing as to Senator John Walsh

The New York Times presents the story of plagiarism by Walsh in a post
Senator’s Thesis Turns Out to Be Remix of Others’ Works, Uncited

The copying without attribution appears in a paper required for Mr. Walsh’s master’s degree from the United States Army War College in Carlisle, PA.

The Poshard concept of inadvertent plagiarism arises: “I didn’t do anything intentional here,” Walsh said, adding that he did not recall using the Carnegie and Harvard sources.

Sadly, the NYT recycles the canard about Biden: And Vice President Joseph R. Biden Jr. dropped his 1988 presidential bid when it was revealed that in campaign speeches he had used language similar to that of the British Labour Party leader Neil Kinnock without attribution. Some of the time, Biden did mention Kinnock. The problem with Biden's story taken from Kinnock was that it was factually untrue as to Biden. Stating falsities is worse than unattributed copying, especially in speeches. Further, years earlier, Biden copied in law school. Did Biden drop out because of the Kinnock thing, or was that pretext for something else?

The NYT does raise a different issue about Walsh: the misrepresentation of "where" he went to school:

There has also been a discrepancy about where Mr. Walsh earned his undergraduate degree. He was listed in the biographical directory of Congress as having graduated in 1990 from the University at Albany, State University of New York, but actually earned his B.S. degree from what was then known as Regents College, an adult learning institute that issued degrees under the umbrella of the University of the State of New York.

Mr. Walsh changed the listing after the newspaper Roll Call ran an article about the matter, but he did not offer an explanation publicly.

The NYT post was by JONATHAN MARTIN .

An interesting related post
What a 12-Year-Old Has in Common With a Plagiarizing U.S. Senator

From one who was a victim of the Walsh plagiarism (Sean M. Lynn-Jones )

Honestly, I’m not outraged. Although I don’t condone plagiarism, I was surprised and mildly flattered that Sen. Walsh had decided to incorporate so much of my paper into his, albeit without citing me once. Even in 2007, my paper, “Why the United States Should Spread Democracy,” was out of date. I wrote it in 1998, when the Clinton administration was embracing the strategy of spreading democracy.

By 2007, U.S. interventions in Iraq and Afghanistan had, to put it mildly, given democracy promotion a bad name.

The paper needed significant revisions to address what had happened in those two countries, respond to criticisms, and cite the most recent literature. Nevertheless, it remained online and was often the most viewed publication on the Web site of Harvard’s Belfer Center. Ironically, Walsh’s appropriation, without citation, of sections of my paper ensures that it will enjoy a much wider readership than if he had properly footnoted it in his student work.


No mandamus from CAFC for Nokia in ITC case

Judge Newman, in dissent, in Nokia/ITC case:

My colleagues now state that their
words “may be raised ” by Nokia did not
mean that the Commission must permit the issue to be raised
by Nokia. If my colleagues did not intend these words to be understood as
permitting Nokia to raise the issue,
they should have been clear. Indeed, I understood this
court’s words in the same way as did Nokia
and the Commission’s staff attorneys

Nokia's request for a writ of mandamus was denied.


Eli Lilly not doing well in face of patent expirations

The Wall Street Journal notes in an article Eli Lilly Profit Falls 39% on Patent Expirations

The company said that patent expiration of the two treatments caused a 17% decline in volume during the quarter. Cymbalta sales fell 73% to $401.3 million in the quarter, and Evista sales dropped 61% to $108.3 million. Those declines drove a 30% drop in total U.S. revenue to $2.38 billion, the company said.

Uncertainty as to the new Unitary EU-wide Patent (UP) and the Unified Patent Court (UPC)

In 2002, Donald Rumsfeld stated:

Reports that say there's -- that something hasn't happened are always interesting to me, because as we know, there are known knowns; there are things that we know that we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns, the ones we don't know we don't know.

In a post in 2014, concerning the new Unitary EU-wide Patent (UP) and the Unified Patent Court (UPC), Tim Hewson and Tom Burt utilize that quote to evoke uncertainties facing EP patent applicants in the coming regime. They note

Starting from sometime between about 2015 and about 2016 you will be facedwith new decisions when the EuropeanPatent Office grants your patents. Those decisions are therefore applicable to thepatent applications which you aredrafting and filing today.

Wednesday, July 23, 2014

Further issues from the plagiarism matter at Chicago State University

Note Chicago State official sues UIC, claims it violated privacy law by discussing plagiarism claim :

The lawsuit, filed Monday [July 21, 2014] by CSU Interim Provost and Senior Vice President Angela Henderson, claims UIC violated the Family Educational Rights and Privacy Act, commonly referred to as FERPA. The law bars schools from releasing private information on student academics without permission.

Teva's Copaxone: does the CAFC have to treat an expert's opinion as a fact under FRCP 52?

Scott Gottlieb's post FDA's Looming Decision On A Generic To Teva's Copaxone Reveals Drug Approval Woes has a nice discussion of the issues facing the FDA on analyzing/approving generic Copaxone.

Gottlieb stated:

FDA is widely known to be considering the approval of a generic version of Teva Pharmaceutical’s (NYSE:TEVA) blockbuster drug for multiple sclerosis, Copaxone.
The patents covering Copaxone for its 20mg/ml strength expired on May 24th. After patent expiration, FDA could approve generic copies of the drug at any time. But some of the same challenges that caused the agency to struggle with and sometimes stumble over its similar previous decisions still linger, and will color FDA’s decision concerning Copaxone.

Meanwhile, as to the Teva v. Sandoz business on US Patent No. 5,800,808 coming before the US Supreme Court, note the following.

Scotusblog defined the issue as

In the Teva case, the issue is the division of roles between a trial court — a U.S. district court — and the U.S. Court of Appeals for the Federal Circuit over the interpretation of the claims that an inventor makes for a product or process. While federal appeals courts normally are to review the factual conclusions drawn by a district court only to see if they were “clearly erroneous,” the Federal Circuit for more than fifteen years has followed the practice of construing the claims made by an inventor, using its own independent judgment (technically, de novo review). The issue the Justices will decide is whether to require the Federal Circuit to follow the customary approach.

From within Teva's opening brief:

While the patent did not expressly use the term “peak average molecular
weight,” it did indicate that the average molecular
weight should be determined using an analytical
technique called size exclusion chromatography (“SEC”).
Dr. Grant explained that the patent’s instruction to
determine the average molecular weight using SEC
technology would have indicated to a skilled artisan
that the intended measure was peak average, the on-
ly measure that can be read directly from an SEC
Peak average is the only expression of average mo-
lecular weight that can be derived directly from the
chromatogram. Determining either number average
or weight average molecular weight, by contrast, re-
quires additional calculations based on the underly-
ing chromatographic data. The patent does not spec-
ify any such further calculations.

The key point:

The district court credited Dr. Grant’s testimony
on this point, which was unrebutted, and found that
once a skilled artisan learned that “average molecu-
lar weight” would be determined using SEC, “the
presumed meaning” of “average molecular weight” to
that skilled artisan would have been peak

In context, Dr. Grant was rendering an opinion as an expert
witness, not stating a fact as a fact witness. Opinions are different from facts.
An opinion is a conclusion reached by someone after looking at the facts.

I myself have a Ph.D. in physical chemistry, and can say "the use
of size exclusion chromatography" would not cause me to presume "average
molecular weight" meant "peak average molecular weight."

The experimental approach to collect data (here, size exclusion
chromatography) is distinct from "how" the data from the experiment is analyzed.

Tuesday, July 22, 2014

Buzz on Apple's US Patent No. 8,787,006, issued July 22, 2014

The abstract of Apple's '006 patent states

Embodiments of electronic wristwatches are disclosed. According to one embodiment, an electronic wristband can provide additional electrical circuitry or devices that can be made available for use as or with an electronic device. In one embodiment, the electronic device can be a mobile electronic device that can be removably coupled to the electronic wristband which provides the additional circuitry or devices. Advantageously, the electronic device can utilize the additional electrical circuitry or devices provided within the electronic wristband to augment the capabilities of the electronic device. In another embodiment, the electronic device can be integrally formed with the electronic wristband which provides the additional circuitry or devices.

The first claim

An electronic wristband to be worn on a wrist of a user, the electronic wristband comprising: a central portion having a receptacle area configured to receive and electrically connect to a mobile electronic device, the mobile electronic device including a display and being independently useable apart from the electronic wristband to perform a first set of functions; and at least one band portion coupled to the central portion and suitable to assist with securing the electronic wristband to the wrist of the user, the at least one band portion including a wireless communication transceiver provided internal to the at least one band portion and operatively connected to the mobile electronic device when the mobile electronic device is received in the receptacle area, wherein the mobile electronic device, when received in the receptacle area, is operable to perform a second set of functions, the second set of functions including all of the first set of functions and further including wirelessly communicating user input received by the mobile electronic device to a second electronic device via the wireless communication transceiver.

Offer to license by Merck leads to to lawsuit

Offering a license deal can sometimes be hazardous, as Merck found out in the Sovaldi business. Separately, buying a company that had a previous research agreement with a third party can be problematic.

An article in the Wall Street Journal titled Hepatitis C Spurs Unusual Patent Wars Among Big Drug Makers includes the text

As for Merck, Gilead filed a preemptive lawsuit after receiving a phone call from a Merck executive who proposed licensing two Merck patents to Gilead in exchange for a 10% royalty on sales of all medicines including Sovaldi. Gilead called this a “prohibitive demand.” Merck later responded in court by claiming that Sovaldi infringes on its patents that cover compounds related to the active ingredient in Sovaldi.

Roche, meanwhile, claims it has rights to Sovaldi thanks to a decade-old research collaboration with Pharmasset, which developed the drug and was purchased by Gilead two years ago for more than $11 billion. Roche wants an exclusive license and claims Gilead infringed on its rights. A Roche spokeswoman tells the Journal that an arbitration decision is expected later this year.

Salacious headline in The Recorder leads into legalities of staying district court cases during PGR?

The article Donato Touches Patent Hot Spot in Sex-Toy Case
touches on the issue of district courts granting/not granting stays during post-grant review [PGR] proceedings.

There is a bit of a reference to the CAFC case in VirtualAgility wherein the CAFC reversed ED Texas decision NOT to grant a stay.

Contrary to the title of the Recorder article, there is not much discussion of "sex toys."

Gevo hitches its wagon to Teva on patent claim construction

Gevo filed an 8K on July 14, 2014 relating to a cert petition:

On July 11, 2014, the United States District Court for the District of Delaware (the "District Court") granted a motion by Gevo, Inc. (the "Company") to stay the patent litigation action brought by Butamax Advanced Biofuels, LLC (" Butamax") involving U.S. Patent Nos. 7,851,188 and 7,993,889. The District Court's decision postpones the trial in this action, which was scheduled to begin on July 21, 2014. The decision by the District Court was based on the status of the Company's petition for a writ of certiorari in the United States Supreme Court (the "Supreme Court"). The Supreme Court has neither granted nor denied the Company's petition, but appears to be holding the petition pending its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., a case that could change the Federal Circuit's standard of review of district court claim construction, and could ultimately negate any jury verdict obtained under the current interpretation of the patent claims.

Note that this relates to patent infringement cases brought by patentee Butamax against Gevo related to Butamax patents 7,851,188 and 7,993,889.

In the Teva case, patentee Teva seeks Supreme Court review of a CAFC decision finding claims of Teva patents invalid for indefiniteness. Note in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S.Ct. 2120 (2014) the standard for negating patentability due to indefiniteness was lowered by the Supreme Court.

Depending upon the outcome of the Teva case, Gevo might obtain a GVR (grant-vacate-remand) from the Supreme Court.

link for 8K:

In terms of the '188 and '889 patents, Gevo described its win in the following way:

ENGLEWOOD, Colo. - March 21, 2013 - Gevo, Inc. (NASDAQ: GEVO), announced today that a judgment of non-infringement will be entered for Gevo following the acknowledgment by Butamax Advanced Biofuels LLC (Butamax) that Gevo does not infringe Butamax's asserted patents under the Court's construction of a key claim term in Butamax's Patent Nos. 7,851,188 and 7,993,889. As a result of this victory, a judgment of non-infringement will be entered in Gevo's favor and the trial scheduled for April 1st will no longer take place.


BUT, Butamax conceded infringement specifically to take the claim construction (which relates to NADPH dependent enzymes) to appeal to the CAFC, where Butamax won. The CAFC had earlier telegraphed its problems with the claim construction of D. Delaware, so the Butamax course of action was quite foreseeable. This history is significantly different from the Teva Sandoz matter. Any suggestion that the reversals by the CAFC in the Teva and Gevo cases are analogous is incorrect. [Separately, the reversal in Teva was as to invalidity; that in Gevo related to infringement.]

This was earlier discussed in IPBiz. See
The Court of Appeals for the Federal Circuit hands Gevo a big loss in the Butamax/Gevo patent wars

As to Gevo suing Butamax, note the IPBiz post
Overreaching in patent claims dooms Gevo in district court. No infringement because of estoppel and invalidity through lack of enablement.

Separately from American Banking:

Gevo (NASDAQ:GEVO) COO Christopher Michael Ryan unloaded 1,042 shares of Gevo stock in a transaction that occurred on Monday, July 21st. The shares were sold at an average price of $0.74, for a total transaction of $771.08. Following the completion of the transaction, the chief operating officer now directly owns 367,527 shares of the company’s stock, valued at approximately $271,970. The sale was disclosed in a filing with the SEC, which can be accessed through this link.

GEVO has been the subject of a number of recent research reports. Analysts at Cowen and Company cut their price target on shares of Gevo to $1.00 in a research note on Friday, May 16th. Analysts at Zacks downgraded shares of Gevo from an “outperform” rating to a “neutral” rating in a research note on Thursday, May 8th. They now have a $1.30 price target on the stock.

Gevo (NASDAQ:GEVO) opened at 0.7211 on Tuesday. Gevo has a one year low of $0.71 and a one year high of $2.18. The stock has a 50-day moving average of $0.86 and a 200-day moving average of $1.11. The company’s market cap is $48.9 million.

Monday, July 21, 2014

Catalyst from CATCHBIO

ChemistryViews wrote of CATCHBIO in 2012:

CatchBio is a consortium of 21 partners from industry and academia, partly financed by the Dutch ministeries of Economic Affairs and of Education, Culture and Science, and with the support office based at the Netherlands Organization for Scientific Research (NWO). It is an ambitious research program of eight years in the field of catalytic biomass conversion covering the whole spectrum of biofeed into fuels, chemicals, and pharmaceuticals in an integrated manner.

Within the text:

Bert Weckhuysen: Yeah, which is unusual for academic research. We have to make our academic researcher a bit familiar with this. Normally researchers are interested in publishing a nice paper in, let’s say, Angewandte and then if it gains enough interest, the research is successful.

From DailyFusion on 21 July 2014:

A new, simple catalyst, developed at the University of Twente, improves the quality of oil produced from biomass before it is even sent to the refinery.

This technology was selected from dozens of projects for the follow-up of CATCHBIO, the national research program that is helping to realize the European 2020 objective: 20% of fuel must come from renewable sources by 2020.


The catalyst developed by Prof. Leon Lefferts and Prof. Kulathuiyer Seshan’s group Catalytic Processes and Materials (MESA+ Institute for Nanotechnology/Green Energy Initiative) significantly improves the quality and energy content of the oil.

This is realized by heating the oil in nitrogen to 500 degrees Celsius and by applying a simple catalyst: sodium carbonate on a layer of alumina. By using this method, the energy content of the oil can be boosted from 20 to 33-37 megajoule per kilogram, which is better than crude oil and approximates the quality of diesel. The technology, recently defended by PhD candidate Masoud Zabeti, is already being tested by KIOR in Texas, USA, on a small industrial scale, with a production of 4,500 barrels of oil per day. The quality of the oil can be improved even more by adding the material caesium, as well as sodium carbonate. “By doing so, we can, for instance, also reduce the aromatics, which are harmful when inhaled”, says Prof. Seshan.

The technology is currently being further studied, in cooperation with the University of Groningen, the Energy research Center of the Netherlands (ECN) and Utrecht University, in a new CATCHBIO program of the Netherlands Organization for Scientific Research (NWO).

Note claim 3 of US 20140120596 .

US 2,210,204 to a Wall Cabinet

From US '204:

This invention relates to improvements in towel dispensing wall fixtures, and a principal object of the invention is to provide a dispensing cabinet of this class of generally improved structural and functional characteristics.


Another object of the invention is to provide a cabinet of the stated character which shall be substantially dustproof.

The first claim recites:

In a wall cabinet of the type set forth, an integral molded body comprising side, rear and forwardly converging top and bottom walls, and an open front the upper and lower edges of which are defined respectively by the forward edges 1 of said top and bottom walls, said rear wall terminating at top and bottom substantially in line with the said forward edges respectively of the top and bottom walls, and a panel joining the top of the rear wall to the forward edge of the top wall and constituting the effective upper wall of the interior chamber of the cabinet.

Inventor Burton E. Ebert, assigned to Scott Paper.

There are seven claims, none depending from one another. There are 12 figures.

The word "converging" appears only in the claims. The word "effective" appears only in claim 1.

This patent is cited 36 years later, within USD 240576 (1976)

US '204 available through Google patents.

Note also Index of Patents Issued From the United States Patent Office, 1940-1941