Patent & IP news for August 26, 2009

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Patent & IP Blogs

post image Shhh ... it's a secret, as spicy burgers go to court from

Thanks are due to the IPKat's friend Gemma O'Farrell for sending him this item from the Irish Times, entitled "Legal row over recipe for spice burger". According to this article,

"The makers of ...

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post image Compound from

Ortho-McNeil sued Teva over RE39,221, claiming a combination of acetaminophen and tramadol, branded as Tylenol®. The district court granted summary judgment of obviousness to all asserted claims, as well as finding one claim, 6 ...

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post image IP outsourcing threatens national interest? from

The New Wave of Protectionism is here, in IP, too. Outsourcing in IP/law seems to be the latest target of the anti-outsourcing brigade in the US, going by a letter that is doing the ...

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Patry and Sheffner Debate Huge Jury Awards in RIAA Lawsuits from

There is an interesting debate going on right now between William Patry and Ben Sheffner at the Moral Panics and the Copyright Wars blog. It centres on the verdicts in two recent high-profile p2p trafficking ...

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Pharma & Biotech Global Week in Review 26 Aug 09 from IP Think Tank from

Here is IP Think Tank’s weekly selection of top Pharma & Biotech intellectual property news breaking in the blogosphere and internet.

Please join the discussion by adding your comments on any of these stories, and ...

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Failure to Disclose Prior Art Previously Cited in a Parent Application is not Inequitable Conduct from

Defendant's motion to dismiss plaintiff's counterclaim of inequitable conduct for failure to state a claim was granted. "When examining a continuation application, the patent examiner will consider the information that was considered by ...

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Director Kappos Seeks to Shift Examiner Rejection Philosophy from

I previously reported on the PTO philosophy in recent years that high rejection rates equals high patent examination quality. As noted, this philosophy has largely resulted in the PTO’s current budget crisis due to ...

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Want to Improve Patent Quality? Tweak the Incentives for Low-Quality Patents First from

One of the biggest issues facing patent prosecution today is the notion of "patent quality." Everyone wants "quality" patents, but no one can agree on how such patents may be defined, nor can anyone agree ...

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USPTO has “Issued” Interim Examination Instructions For “Evaluating” Subject Matter Eligibility from

The USPTO has issued “Interim Examination Instructions For Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101” to be used by patent examiners during examination. These instructions supersede previous guidance on subject matter eligibility ...

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Korean Six-Month Safe Harbor For Patents from

Korea is a first-to-file or absolute novelty country, which does not allow an invention to be made available to the public (anywhere in the world) before filing an application for the invention. Specifically, Article 29 ...

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Deputy for Patent Exam Policy: The Devil is in the Details from

We argue, hour by hour, day by day, about large issues of morality and ethics and discuss how to make our nation “green”. We discuss large high-level issues like “should we have a public option ...

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2nd Circuit: Internet radio website that streams customized stations not required to pay royalties to individual copyright holders; statutory license fee is sufficient from

Launch Media, Inc. was the original operator LAUNCHcast, a website that offered users Internet radio stations that play songs that are within a particular genre, or which are similar to a particular song or arist ...

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Federal Circuit Vacates Ultracet Obviousness Decision from

Ortho-McNeil Pharmaceutical, Inc. v. Teva Pharmaceuticals (Fed. Cir. 2009)(nonprecedential) Ultracet is the brand name for Ortho's combination pill of the popular NSAID acetaminophen with light opioid tramadol. The current patent rights are found ...

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Further nonsense at the USPTO from

The following should be borne in mind before reading the rest of this post:
"The state of the law with respect to subject matter eligibility is in flux. The following interim instructions are for examination ...

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Biotech Social Media Survey from

IAmBiotech, an online hub for showcasing the passion of the researchers, patients, farmers, and other innovators who are finding solutions through biotechnology, is looking for input from the biotech community. They have launched a survey ...

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IPBiz #10 blawg on blawgsearch from

Once again, IPBiz barely managed to squeak by "Patent Troll Tracker" in rankings by blawgsearch. The top 15 blawgs:

Most Popular Blawgs Today

Sex Offender Issues [feed]
Covers sex offender laws and cases.
Last Updated ...

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CAFC judges soon to fall like dominos? from

Marcia Coyle [Tom Schoenberg ] at Legal Times wrote on 26 Aug 2009:

President Obama this fall will have his first opportunity to put his stamp on the patent-heavy U.S. Court of Appeals for the ...

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Ortho gets mixed decision in appeal of D NJ case from

ORTHO-MCNEIL PHARMACEUTICAL v. TEVA is a patent law appeal from a D NJ order granting summary
judgment of invalidity based on anticipation and obviousness.

Part of the case turns on unexpected results:

Ortho-McNeil can rebut ...

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Opel And IP Rights from

How do you sell a company, but during negotiations say: “oh, by the way, we want to hold onto the intellectual property rights,” and still sell the company? That’s the question GM is trying ...

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Twitter Sued for Patent Infringement in S. District of TX from

Three weeks ago, TechRadium, Inc., a Texas Corporation with its principal place of business in Sugar Land, Texas, sued Twitter, Inc., a Delaware corporation with its principal place of business in San Francisco, California, alleging ...

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