Patent & IP news for August 5, 2009

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post image Tranformers v. Decepticons - Petitioner’s Brief In Bilski from

Guest post by Brett Trout, author of BlawgIT Background Petitioners Bernard Bilski and Rand Warsaw filed their Brief For Petitioners last week in what could be this decade's watershed patent ruling. The patent at ...

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post image EQE Results from

Today is the day that hundreds of candidates who took the European Qualifying Exams back in March find out whether they have the results they have been hoping for (from the EPO here - user name ...

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post image Letter from AmeriKat from

Oh pro se can you see....

Last week, while the AmeriKat was restlessly lying in her bed, trying to will herself back to a vision of shiny fur and perky whiskers, she was listening to ...

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post image BPAI Uses Dictionary Published Six Years After Filing Date in Rejecting Claims from

Ex Parte Davis (BPAI Aug. 5, 2009)

Today, the Board of Patent Appeals and Interferences ("BPAI"), in an opinion by Administrative Patent Judge Crawford, affirmed-in-part a rejection of claims relating to a method and implementation ...

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post image Shortchanged from

Jorge Tayler was mistakenly $10 short on his patent maintenance fee payment. The USPTO later declared his patent dead because of it, in violation of its own rulebook, the MPEP. "The PTO was arbitrary and ...

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post image IP in the creative industries (particularly design) - how you can help from

The IPKat's studious friend Nicola Rathbone is currently gathering data which she needs for some original research that will go into her Masters Thesis at Cranfield University.
Right: never mind those silly computers -- no ...

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Judge Folsom Decides 7 Motions to Transfer Venue -- Denies 5, Grants 2 from

Transauction LLC v., Inc. et al. , 2-08-cv-00232 (TXED August 3, 2009).
Nuance Communications, Inc. v. Vlingo Corp., 5-08-cv-00102 (TXED August 3, 2009).

Novartis Vaccines & Diag., Inc. v. Hoffmann-La Roche Inc., 2-07-cv-00507 ...

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Patent Models on Display at Harvard from

Harvard University's Science Center has a new exhibit of 19th century American patent models. The exhibit, which is called "Patent Republic," is on display until December and features about 75 patent models from the ...

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CAFC (Really) Tightens Pleading Requirements for Inequitable Conduct from

Exergen, Corp. v. Wal Mart Stores, Inc., No. 06-1491, August 4, 2009

Defendant SAAT appealed the denial of their motion for judgment as a matter of law ("JMOL") after a jury found that SAAT willfully ...

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CAFC overturns USPTO and SDNY in pro se Taylor case from

The pro se guy won this case. The CAFC concluded:

Because the district court should not have dismissed Mr. Taylor’s complaint, this
court reverses. This court remands to the district court with instructions to ...

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CAFC works through many issues in Exergen case from

In Exergen, the CAFC reached many issues.

For starters,a jury finding of non-anticipation was reversed
and anticipation found.

“To anticipate a claim, a single
prior art reference must expressly or inherently disclose each claim ...

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Inequitable Conduct Defense Requires That Specific Facts Regarding Circumstances and Intent to Deceive Must Be Included in Pleadings from

Yesterday, in Exergen Corp. v. Wal-Mart Stores, Inc., the Federal Circuit held that allegations of inequitable conduct must be pled with particularity. The court affirmed the district court’s denial of a motion by the ...

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5th Annual Developing IP Strategies for Crystalline Forms from

5th Annual Developing IP Strategies for Crystalline Forms is to be held November 09 – 11, 2009, at the Regus Conference Centre, 1 Broadgate Circus, London. Now, Patent Baristas readers can get an extra 10% off ...

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One Giant Step for Mankind? Moon Ads? from

While the world celebrates the 40th anniversary of the first manned-mission to the moon, an entrepreneur in Utah wants to patent a system for creating ads on the moon.

David Jones, owner of Moon Publicity ...

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Patent Office Keeps Check, Let’s Patent Go Abandoned For Being $10 Short from

Dealing with the Patent Office is a lot like standing in front of the airline ticket counter where the agent keeps typing in endless strings of random numbers and letters and politely explains that you ...

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This Week in Law Podcast – patents from

I’m going to be a guest on this week’s TWiL (This Week in Law) podcast, discussing patents with host Denise Howell and patent lawyers Adam Bagwell and Matt Buchanan. Topics on the slate ...

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Obviousness upheld against Bayer in Yasmin case from

In a 2-1 vote, obviousness (found in D NJ) was upheld by the CAFC.

The dissent of Judge Newman:

With all respect to my colleagues, I do not share their view that it would have ...

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CIRM's position on bio-similars from

Senator Feinstein included a copy of a letter from CIRM to Feinstein within her letter to Senators Kennedy and Dodd on legislation on bio-similars (generic biologics in Affordable Choices Act). Within the CIRM letter, there ...

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