Patent & IP news for August 24, 2009

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post image More Bilski on the Brain from

An interesting patent issued recently to Forest Hills, NY-based WaveSynch Technologies. The startup bills itself as providing innovative uses for brain wave analysis, including identity confirmation, maintaining alertness, and matching employee attitudes to particular tasks ...

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post image Interim Guidelines on Examining Statutory Subject Matter from

The USPTO has issued a set of interim examination guidelines for determining whether a claim is properly directed to patentable subject matter under 35 U.S.C. § 101, relevant Supreme Court precedent, and Bilski. The ...

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post image Letter from AmeriKat from

Oprah, Oz, Acai!

Yesterday morning the AmeriKat flew out into the sunshine and bounded to her local café for a smoothie. Ten minutes later ‘Smoothie Number 2’ consisting of blended passion fruit, mango and acai ...

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post image The "Correa" Controversy: Dump Mashelkar or Dump the Business Standard? from

After the rather curious note in the Business Standard suggesting that Professor Correa is miffed over the apparent "mis-quote" of his statements by the Mashelkar Committee in their revised report, the Business Standard (BS) now ...

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post image Michael Jackson: The Music And Copyright Infringement Lawsuit Continues from

While on a vacation in Northern Michigan recently, Michael Jackson's "Thriller" started playing in a local tavern.  The song seemed out of place in the northern woods, but as I looked around, I could ...

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post image TRIPS book reviews from

The IPKat has been looking at a couple of books on TRIPS, the Agreement on Trade-related Intellectual Property Rights. A fascinating thing about TRIPS is how, it seems, a device that was originally conceived as ...

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post image Components of a patented invention not "methods or processes" from

PatLit learned last week that the Court of Appeals for the Federal Circuit held in Cardiac Pacemakers Inc and others v St Jude Medical Inc and another that the use of a device outside the ...

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Evidence That Defendant Encouraged Infringing Use is Insufficient to Show Direct Infringement by Customers from

Following a jury trial, defendant's motion for judgment as a matter of law of no induced infringement was granted in part even though defendant taught customers the accused infringing use in "training courses" and ...

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Daily Shorts from

USPTO Vows to Cut Pendency in Half - Commerce Secretary Gary Locke affirms that patent pendency rates are "unacceptable." According to Locke, ""[w]e've heard the concerns of America's innovators, and I've directed ...

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Bits and Bytes from

Upcoming Conference: World Research Group, a Patently-O job board sponsor, will be holding a TechNet Patents Forum ( in New York on November 5-6. Patently-O readers will receive a $300 discount ...

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Pro Se Prius Owner Can’t Drive 55; Court Bounces Toyota Greenwashing Case from

I guess it was just a matter of time before this clean tech icon became the subject of greenwashing claims. In a complaint filed last month in federal court in Oakland, California, pro se plaintiff ...

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USPTO Job Opening: Deputy Commissioner for Patent Policy from

On Friday, August 21, 2009, the United States Patent and Trademark Office posted a job opening for the position of Deputy Commissioner for Patent Examination Policy at See Job Announcement No.: MJM-09-0217-ExRD. Many ...

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USPTO Looking for Deputy Commissioner For Patent Examination Policy from

From the USAJobs Site:


SALARY RANGE: 117,787.00 - 177,000.00 USD /year

OPEN PERIOD: Friday, August 21, 2009to Monday, September 21, 2009

SERIES & GRADE: ES-1220-0/0

POSITION INFORMATION: This is a Full-Time General position in the Senior Executive Service. This position is located in the Office of the Commissioner for Patents of the U.S. Patent and Trademark Office, Alexandria, Virginia.

DUTY LOCATIONS: vacancy(s) in one of the following locations: 1 vacancy - Alexandria, VA
WHO MAY BE CONSIDERED: Applications will be accepted from all groups of qualified individuals. (U.S. citizenship required)


The United States Patent and Trademark Office (USPTO), a progressive organization dealing with intellectual property issues around the world, is seeking a high performing professional to join its Senior Executive Team as the Deputy Commissioner for Patent Examination Policy.
The USPTO is a fully user fee-funded organization with an annual budget in excess of $1.9 billion and approximately 9,000 employees comprised largely of engineers, scientists, and attorneys. The USPTO operates as a performance-based organization; has received an unqualified ...

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Book Review Monday: The Business of Intellectual Property from

The two most important questions for a firm are: “How does the firm make money?” and “How can the firm’s intellectual property help the firm make money?” ~ The Business of Intellectual Property Intellectual property ...

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Patent Buddy Releases Top 100 Law Firms List from

Patent Buddy, the most extensive database and networking website for patent attorneys and inventors, just released its Top 100 Patent Law Firms to complement its Top 300 Patenting Organizations. The top law firms were determined ...

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A Stroke of Genius or Copyright Infringement? Mashups, Copyright, and Moral Rights in Canada from

Graham Reynolds is an Assistant Professor in the Faculty of Law at Dalhousie University in Halifax, Nova Scotia, Canada, a member of Dalhousie Law School’s Law and Technology Institute and the Co-Editor-in-Chief of the ...

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Role of intellectual property in the UK: do smaller firms benefit? from

Mark Rogers (Harris Manchester College, Oxford University) focuses on applied analysis of intellectual property and performance in his research. He is an IP Osgoode Research Affiliate. The role of IP in the UK, as elsewhere ...

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