Intellectual Property Newsletter - July 2013

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In This Issue:

- Good-faith Belief in Patent Invalidity Can Rebut Allegations of Induced Infringement

- With the PTO’s cancellation of claims on reexam, a prior validity ruling goes poof

- Grant of a Permanent Injunction Delayed Until Reexamination is Resolved: Marvel Wins At 9th Circ. In Spider-Man Toy Patent Dispute

- Transmission of copies of broadcast network television programs created at request of and sent to individual subscribers not public performances

- Claims Rewritten to Capture a Later Discovery by a Third Party Defeated by the Written Description Requirement

- Patent Notes:

..New Legislative Proposal Aimed at Patent Trolls

..The USPTO’s Global Patent Search Network

- Excerpt from Grant of a Permanent Injunction Delayed Until Reexamination is Resolved: Marvel Wins At 9th Circ. In Spider-Man Toy Patent Dispute:

Stating that it did so “reluctantly,” a panel of the Ninth Circuit Court of Appeals held that inventor Stephen Kimble’s right to collect royalties after the expiration of his patent is precluded by the U.S. Supreme Court decision in Brulotte v. Thys Co., 379 U.S. 29 (1964). As a result, the panel affirmed the district court’s grant of summary judgment to Marvel Enterprises, Inc. on Kimble’s breach of contract claim....

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