Patent & IP news for August 7, 2009

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Patent & IP Blogs

post image Patent Contraceptive from

The danger lurking in obviousness is hindsight reasoning. A breakthrough becomes predictable. In hindsight, you/they/whoever should have seen it coming. Bayer's oral contraceptive, Yasmin®, had unexpected performance. The active ingredient, drospirenone, readily ...

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post image BPAI Rejects Claims, Finding PHOSITA Would Have to Make Speculative Assumptions Concerning the Meaning of Claim Language from

Ex parte Brune (BPAI Aug. 7, 2009)

Today, the Board of Patent Appeals and Interferences ("BPAI"), in an opinion by Administrative Patent Judge Macdonald, reversed a rejection of claims relating to a method for data ...

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post image Eight days for preliminary hearing, so why not try Kabaddi? from

This must be the season for decisions on breaches of confidence. Only on Monday the IPKat was apologising for taking so long to write up the Vestergaard case (see earlier post here). Now he's ...

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post image IBM Upsells Patent to PTO from

Another Armonk classic. Prior art:"Want fries with that?" Novel: "Want fries with that? There's room in your bag.." U.S. Patent No.7,571,105 Weight based upselling Assignee: IBM9. A computer program ...

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post image Friday fiddlings from

There are plenty of exciting things to do which are lined up in the IPKat's Forthcoming Event side bar column. Don't forget to check them out!

The IPKat has received a question from ...

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post image Exhaustion of patent rights in Switzerland: it's national, regional and global from

When pondering your patent litigation policy in Europe, take note -- the mountainous and pharmaceutical patent-rich federation that is Switzerland has switched from national-only exhaustion of rights to European-style regional exhaustion, with effect from 1 July ...

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Guest Post: Patents Patents Everywhere, no revenue in sight! from

SpicyIP is excited to bring to you yet another guest post from Sheja Ehtesham, a graduate from NALSAR University of Law currently working with Krishna & Saurashtri in Bangalore. Also my classmate, Sheja is now a ...

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Jury Finds Medtronic Patents Infringed, Awards 11% Royalty and $57 Million in Damages from

"7. What is the reasonable royalty rate (in %) that should be applied to AGA's infringing sales? 11%

8. What is the total amount of damages (in dollars) that Medtronic should be awarded for AGA ...

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On being hailed into far-away courts based upon allegations of IP infringement? from

Cases in copyright law, unlike those in patent law, are reviewed in the regional circuit courts. In a copyright case in California, CA9 found personal jurisdiction in ND Cal in a situation wherein a San ...

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Federal Court Ruling Upholds Data Protection Period for Research-Based, Innovative Drug Companies from

The period of data protection allocated to research-based, innovative drug companies is a hotly debated topic in the pharmaceutical industry and beyond. This period of protection allows research-based, brand name drug companies to maintain a ...

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PatLit logo from

PatLit is gratified to find that it is increasingly being asked to endorse or sponsor conferences and seminars relating to patent litigation. There is however a problem: one of the first things the PatLit team ...

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Seeing the Forrest: Considering Worldwide Patent Trends from

Guest Post by Joff Wild - Editor of IAM Magazine and the IAM Blog. The decline in patent flings and consequent fall in income causing the US Patent and Trademark Office so many worries has been ...

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NLJ story mangles analysis of Exergen case? from

In a story titled Federal Circuit Clamps Down on Patent Attorney Misconduct Claims, Sheri Qualters writes in the National Law Journal (NLJ):

Exergen's 11-and-a-half page discussion about misconduct claims tied its pleading standards directly ...

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Is The CAFC Pro-Patent? Maybe Not, Claims Study from

Manasseh Zechariah, economist and assistant professor at Johnson & Wales University College of Business, decided to take groups of decisions from the CAFC, and run variables related to those decisions through different theoretical models to see ...

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Via IPO from

"KAPPOS NOMINATION LIKELY TO BE CONFIRMED TODAY -- The nomination of David J. Kappos to be USPTO Director was approved by the Senate Judiciary Committee yesterday. It is likely to be confirmed by the full Senate ...

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IBM's US 7,571,105: issues of patent quality and exam quality from

The blog "12:01pm Tuesday" ( Aaron R. Feigelson ) has a post ( IBM Upsells Patent to PTO ) on another problematic issued IBM patent, 7,571,105.

The post has the (ridiculous) base patent claim, but the ...

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David Kappos Confirmed as Patent and Trademark Office Director. from

Per this press release at the USPTO today: The U.S. Senate today confirmed David Kappos as the new Under Secretary of Commerce for Intellectual Property and Director of the U.S Patent and Trademark ...

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