Patent & IP news for September 8, 2009

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Patent & IP Blogs

post image Patentee Describing Single Embodiment as "The Present Invention" Leads to Narrow Claim Constructions from

Lydall Thermal/Acoustical, Inc. v. Federal-Mogul Corp. (Fed. Cir. Sept. 8, 2009) (nonprecedential)

In this case, the district court (Eastern District of Michigan) entered final judgment of noninfringement pursuant to a stipulation by the parties ...

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post image Second time round in Budĕjovický Budvar: GI Regulation reigns supreme from

No-one expected Case C-478/07 Budĕjovický Budvar, národní podnik v Rudolf Ammersin GmbH to be laught-a-minute stuff -- and indeed it isn't. This was a second-time-round reference for a preliminary ruling from the Handelsgericht Wien ...

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post image Angiomax AE Patent and Other Tidbits from

A few notes: Is the writing on the wall for Beauregard? In last week's post, I noted that the fate of CRM claims is uncertain in light of the Bilski decision. In actuality, however ...

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post image Claim Preclusion and Vitiation from

Nystrom v. Trex and Home Depot (Fed. Cir. 2009) Ron Nystrom's patent covers a type of decking board that is shaped in a way to shed water. In a prior case, the Federal Circuit ...

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Domino’s Video Offers Food for Thought for Businesses from

This past spring, a series of prank videos from a couple bored Domino’s employees captured the worldwide attention of the public and the media. Before they were removed from YouTube, they reportedly garnered a ...

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Third Revision Of Patent Law In China from

Wenting Cheng writes: More than 20 years have passed since the Patent Law in the People’s Republic of China came into force in 1985. The third amendment of Chinese Patent Law will enter into ...

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TiVo Awarded $200 Million in Additional Damages and Sanctions for Violation of Permanent Injunction from

Following an earlier finding that defendant violated the court's injunction by selling products that were not colorably different from products found to infringe, the court awarded contempt sanctions. The court rejected (i) plaintiff's ...

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Call for Submissions from the Indian Journal of International Economic Law from

A call for submissions from the Indian Journal of International Economic Law (IJIEL) which may be of interest to some of our readers.

"We, the editorial board of the Indian Journal of International Economic Law ...

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Joseph Wu of Stanford on iPS cells from

A CNN story titled Study: Human fat yields multipurpose stem cells about work of Dr. Joseph Wu at Stanford was interesting for what it did NOT mention.

There is not one word about iZumi, which ...

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Suggestions for USPTO Director David Kappos from

One month ago today David Kappos was confirmed at the Undersecretary of Commerce for Intellectual Property and the Director of the Patent and Trademark Office, and days later he was sworn in by Commerce Secretary ...

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CAFC Gives Microsoft Word Stay, and I HATE Vista! from

By now most probably know that the United States Court of Appeals for the Federal Circuit granted Microsoft a stay of the injunction against Word pending its expedited patent appeal. The Federal Circuit granted the ...

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WTO, TRIPS & Dispute Settlement: Exploring the Intersection Between International Trade, Intellectual Property Rights and The WTO Dispute Resolution Process from

Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. BACKGROUND During the early 1990s, the extent of protection and enforcement of Intellectual Property (”IP”) rights varied widely around the world. As IP became ...

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Understanding Copyright History from

Kathy Bowrey is a Professor of Law at the University of New South Wales, Australia. She is also an IP Osgoode Research Affiliate. Understanding copyright history requires an appreciation of legal history. It requires knowledge ...

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PatentFreedom To Offer Subscription-Based Reexam Service to Attack NPE Patents from

Joff Wild from IAM Magazine attended the CIP Forum 2009 in Göteborg Sweden and provided an interesting report on a presentation given by Dan McCurdy, who is the chairman of PatentFreedom and CEO of Allied ...

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