Patent & IP news for August 6, 2009

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Patent & IP Blogs

post image Particular Inequitable Conduct from

Exergen stuck SAAT and others for infringing 5,012,813; 6,047,205 and 6,292,685, claiming infrared thermometers taking skin readings. A jury awarded over $2.5 million in lost profits. SAAT appealed ...

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post image Judge gives word its ordinary meaning from

In some areas of intellectual property, particularly patent law, it sometimes seems as though you can go for a long time without coming across any instances of a judge giving a word its ordinary meaning ...

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post image Pay-for-Delay: The Economist roars from

"Something Rotten", portentously announces The Economist in a pull-no-punches leader on patents and the cost of health care. The article reads as follows:
"AS THE rich world’s governments struggle to contain the costs of ...

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post image What about the midnight feast? from

Have you ever wondered whether it's worth attending any of the IP summer schools currently on offer? The IPKat's own experience of summer schools is limited to holiday adventures which he very much ...

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Inequitable Conduct Ruling Gives Pleading Rules Real Teeth from

Dr. Chris Mammen On August 4, 2009, the Federal Circuit decided Exergen Corp. v. Wal-Mart Stores, Inc., et al., Case Nos. 2006-1491, 2007-1180 (Fed. Cir. 2009). In a post to this blog several months ago ...

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Release the tweets - IPBC09 and beyond from

A few people asked about my tweets from the IP Business Congress back in June in Chicago.  Here they are, unedited, a nice blow by blow account of what I was watching.  (There's a ...

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

Guest Post by Stephen R. Albainy-Jenei, Partner at Frost Brown and Author of the Patent Baristas Bio/Pharma blog. Dealing with the Patent Office is a lot like standing in front of the airline ticket ...

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Circumstantial Evidence Establishes Inducement to Infringe by Defendant's ANDA Products from

Following a bench trial, the court found that defendant's ANDA products "will induce infringement" of the asserted patents because, among other reasons: (i) defendant's "[l]abeling specifically encourages infringement," (ii) defendant's "[l ...

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Bilski update: District court rules “comparator” as used in patent claims is not a device from

In a decision illustrating the continued uncertainty over the patentability of business processes in view of the Federal Circuit’s In re Bilski decision, the District of Arizona recently ruled a patent claim invalid under ...

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Update: Senate Judiciary Committee Approves Kappos Nomination from

The Senate Judiciary Committee has approved the nomination of David Kappos as Under Secretary of Commerce for Intellectual Property and Director of the PTO. Sen. Patrick Leahy (D-VT) has been quoted during the confirmation process ...

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RPX says NPE litigation fraction is on the rise in 2009 from

On 30 July 2009, the RPX blog noted:

According to Patent Freedom statistics, in 2008 there were 2,806 patent cases in the United States. Of these, 359 – or 12.8% – were NPE-driven suits. Looking ...

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Petitioner’s Brief in Bilski from

Last week, the petitioner filed its opening brief at the Supreme Court in Bilski v. Doll. Bilski’s arguments are not surprising given what has transpired in the case. The following is a summary of ...

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Exergen on inequitable conduct: the right direction for the CAFC? from

In addition to IPBiz's post on the Exergen case, at least three other blogs highlighted the inequitable conduct portion of the case, although none of these three made reference to footnote 2, about attorney ...

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Class 310 Reorganized from

The USPTO has reorganized Class 310: Electrical Generator or Motor Structure. Details are provided in Classification Order #1887. Class 310, which was created in 1953, is a bit atypical in that it is a residual ...

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ExxonMobil Partners with Synthetic Genomics to Develop Algal Biofuels from

Synthetic Genomics, Inc. (SGI) is a San Diego biotech company that develops biofuels using genetic engineering and other genomic and microbiological techniques. Last month SGI announced that it has entered a multi-year research and development ...

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The More You Know, The More You Trust Bayer. Unfortunately, Their Patent is Stil Dead from

Take it for Pain. Take it for Life. ~ Bayer aspirin slogan Drospirenone is a progestin that inhibits ovulation. While known in the art, Bayer patented formulations of drospirenone, one of the active ingredients in Yasmin ...

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Nortel's Patent Plum from

Nortel Networks, one of Canada's leading telecommunication technology companies during the 20th century, is bankrupt and in the process of selling off its assets, including its hefty portfolio of thousands of patents and other ...

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Kappos Nomination Unanimously Forwarded to Full Senate from

Earlier today the Senate Judiciary Committee voted to advance the nomination of David Kappos, former Vice President and Assistant General Counsel for IBM, to be Undersecretary of Commerce for Intellectual Property, a job that also ...

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