The biggest story this week was
oral arguments in Alice v CLS being heard at the Supreme Court
on March 31. You can read our round-up of what was said here and our analysis of the reaction to
the oral arguments here (subscribers and trialists only for
both stories – you can take a trial here). In addition, we collected how the
arguments were viewed on the internet in a Storify story here.
That was not the only big case
being heard this week. The latest trial involving Apple and
Samsung got underway in California.
Below is a selection of other
big IP stories in the past week.
SCOTUS takes another patent case
Monday was a busy day for
patent watchers at the Supreme Court. Shortly before hearing
oral arguments in the Alice v CLS case, it granted
review in Teva Pharmaceuticals USA v
The case will be heard in the Court’s next term,
which begins in October.
presented is: "Whether
a district court's factual finding in support of its
construction of a patent claim term may be reviewed de
novo, as the Federal Circuit requires (and as the panel
explicitly did in this case), or only for clear error, as Rule
The case involves
Teva’s patents for its drug Copaxone, which treats
multiple sclerosis. The Federal Circuit’s
appellate decision rejected the lower court’s
claim construction. As a result, it found several of its
"I’ll speculate here
that the result will be a unanimous rejection of the Federal
Circuit’s no deference policy," predicted law
professor Dennis Crouch on his Patently O
Marvell payout upped to $1.54
Marvell Technology Group was ordered to pay $1.54 billion to Carnegie
Mellon University by a federal judge this week. The figure is a
31% increase on the $1.17 billion awarded by a jury in December
Pittsburgh district court judge
Nora Barry Fischer said the university merited higher damages
because it had shown Marvell had deliberately copied its
patents through "known wilful infringement".
Marvell plans to appeal the
decision. However, its share price increased 4% the day the award was
announced. The figure is well below the maximum $3.75 billion
Carnegie Mellon University was seeking.
buys NEC patents
Chinese technology firm
Lenovo has bought a
portfolio of more than 3,800 patent families
from Japanese electronics
firm NEC. The terms of the deal were not disclosed.
portfolio includes standard essential patents for 3G and LTE
mobile technologies as well as patents that cover a range of
features and technologies used in smartphones.
Lenovo expands its mobile PC Plus business into new markets,
this investment shows it is committed to having the IP we need
for global success," said Ira Blumberg, vice-president of
intellectual property at Lenovo.
The latest deal follows Lenovo last month paying $100
million for 21 patent families from Unwired Planet.
a $2.91 billion deal
to buy Motorola Mobility from Google in January.
Plain talk in the
The UK government is moving ahead with a plan to ban branding
on cigarette packs. Jane Ellison, the
country’s public health minister, told MPs this
week she was publishing draft regulations for a "short
The consultation will apply to England and Wales, with
Northern Ireland indicating it will follow. Scotland also has
plans to introduce plain packaging.
Opposition party Labour accused Ellison of delaying
the issue. She was accused by Labour of kicking the issue "into
the long grass".
The UK would become the first European country to ban
branding on cigarette pack. It would join Australia, which
introduced plain packaging in 2011.
The USPTO has created a new
Office of International Patent Cooperation (OIPC).
will be led by Mark Powell, who will serve as
USPTO’s first deputy commissioner for
international patent cooperation and report directly to the
commissioner for patents Peggy Focarino.
USPTO said the new office is part of its commitment to work
with global stakeholders and intellectual property offices to
increase quality and create new efficiencies within the
processes of international patent rights acquisition, and its
commitment toward global patent harmonization.
"The establishment of the Office of International Patent
Cooperation reflects the USPTO’s strong commitment
to the IP community in improving the international patent
system," said Michelle Lee, deputy director of the USPTO. "It
will allow us to increase certainty of IP rights while reducing
costs for our stakeholders and moving towards a harmonized
began his career at the USPTO as a patent examiner in 1986. For
the past three years, he worked full-time through a series of
detail assignments to the Office of Policy and International
Affairs where he focused exclusively on international