Patent & IP news for August 12, 2009

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post image Anatomy of a Software Licensing Mediation from

Here's a great post on the mediation of a software licensing dispute from Disputing by Peter S. Vogel.

After receiving a Temporary Restraining Order (”TRO”) the Judge ordered a mediation conference between the plaintiff ...

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post image HeartWare: Ventricular Assist from

Framingham, MA-based HeartWare makes ventricular assist systems.

Their patent 7,436,145 titled Method and apparatus for controlling brushless DC motors in implantable medical devices was issued in October of 2008, it is one of ...

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"Logical Inconsistency" of Claim Limitations Invalidates Digital Messaging Patent Claim from

"Logical inconsistency" of an asserted claim resulted in a ruling of invalidity for lack of enablement and utility. "The primary trouble occurs within steps (1) and (2) . . . [T]he only way step (2) can ever ...

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Le réexamen de l’affaire Bilski par la Cour suprême américaine pourrait avoir des répercussions sur le système des brevets from

En octobre dernier, aux États-Unis, l’arrêt rendu par une cour d’appel a bouleversé la loi fédérale sur les brevets, en comblant le fossé qui la séparait des législations d’autres pays sur les ...

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La revisión del caso Bilski por parte de la Corte Suprema de los EE.UU. podría repercutir en todo el sistema de patentes from

El pasado mes de octubre, un tribunal de apelación de los Estados Unidos modificó drásticamente la ley de patentes, acercando así las normas de este país a las de otros en lo relativo a las ...

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Patent infringers as criminals? Microsoft and Microsoft Word and i4i. from

Larry Dignan has a post titled: Examine the patent that made selling Microsoft Word a crime.

IPBiz to Dignan: there are no criminal provisions in the US patent code.

Dignan is examining an injunction against ...

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Bits and Bytes from

Recent Job Postings: RAYSPAN (wireless communication interface hardware) is looking for a lead in house IP counsel in San Diego. MedImmune (molecular biology, biotechnology) is looking for corporate counsel to join its patent department in ...

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Bam! Zechariah declares CAFC to be anti-patent from

On 7 Aug 09, the 271Blog had a post which began:

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 what came out.

The 271blog highlighted Zechariah's statement: Results show that overall the Court of Appeals for the Federal Circuit is an anti-patent court.

IPBiz has waited several days, but no one commented on Johnson & Wales University. In fact, to date, there is only one comment on the post:

Hey click here to gain information on patent laws, get our ebook on patent laws, its worth reading

The commenter's link takes one to How To Cash In With Your Million Dollar Idea!

If Johnson & Wales University doesn't sound familiar as a center of patent law, that might be reasonable. It isn't (but then one might argue about Stanford University, too, wherein one has papers proclaiming Gary Boone as the inventor of the integrated circuit.)

However, Johnson & Wales might be familiar to some, specifically as to the university’s most recognizable alum – Chef Emeril Lagasse, class of 1978.

Reluctantgourmet writes: J&W; offers an Associate’s Degree in Culinary Arts which focuses on not only fundamentals and classical ...

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Challenging PTO Decisions in District Court: Federal Circuit Affirms Exclusion of Enablement Evidence that "Should Have" Been Raised During Prosecution from

Hyatt v. Doll (Fed. Cir. 2009) 07-1066.pdf Gil Hyatt is a prolific inventor who has spent much of his time over the past thirty years challenging the bounds of USPTO practice. This August 11 ...

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Microsoft Ordered to Stop Selling MS Word from

i4i Ltd. v. Microsoft Corp. (E.D. Tex. 2009) Texas style, the order from Judge Davis gets right to the point: In accordance with the Court’s contemporaneously issued memorandum opinion and order in this ...

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Save £10 on your patenting costs from

The IPKat has had his attention brought to the (rather tautologically-sounding) Trade Marks and Trade Marks and Patents (Fees) (Amendment) Rules 2009, SI 2009, No. 2089, which is going to be making a few changes ...

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Paice Drops Claims Against Two Lexus Models from Hybrid Vehicle Suit from

In the hybrid vehicle patent war between hybrid technology company Paice LLC (Paice) and Toyota Motor Corp. (Toyota), Paice has withdrawn from one front after the parties reached a very limited truce. Specifically, Paice agreed ...

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US Assignment Data in espacenet from

The June issue of Patent Information News states that the EPO is in the process of reloading US assignment records into its legal status database. When the project is finished US patents in esp@cenet ...

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United Inventors Association Membership Drive from

I am a member of the Board of Directors for the United Inventors Association, which is a national 501(c)(3) non-profit organization. Since 1990 the UIA has been dedicated to inventor education & support. August ...

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BPAI: Applicants Must Do More Than Recite Missing Features To Traverse Prior Art from

Ex Parte Belinne, No. 2009-004693 (10 August 2009) (Informative Opinion)

The appeal involved an invention relating to activating services when configuring a "build to order" system. The Examiner rejected the claims as anticipated over a ...

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More on the Verfaille matter in stem cells from

The californiastemcellreport discusses the renewed investigation by New Scientist of charges of data manipulation by adult stem cell worker Catherine Verfaillie. Verfaille currently is a reviewer of proposals for CIRM and a COMMENTER to the ...

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Patent Injunction: Microsoft Ordered to Stop Selling Word from

Yesterday, Leonard Davis, a United States District Court Judge in the Eastern District of Texas, ordered Microsoft Corporation to stop selling Word, an order that becomes effective in 59 days (i.e., 60 days from ...

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Willful Infringement and Injunctions at the E.D. Tex. from

i4i Ltd. v. Microsoft, No. 6:07CV113 (E.D. Tex., August 11, 2009, order) (L. Davis)

In May, a jury found that Microsoft willfully infringed i4i's patent relating to the processing of XML documents ...

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