Patent & IP news for September 28, 2009

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Patent & IP Blogs

post image Is IP Being Overloved? from

I am a two minds about how to position IP in the larger business context. Does the fact that I engage in IP for mylivelihood skew my view of the role that IP plays in ...

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post image Letter from AmeriKat from

Last weekend, as the AmeriKat was sorting through five years of accumulated belongings in preparation for a move, she came across old notes from her first year in law school. Brightly multicoloured, underlined, boxed and ...

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post image Foley & Lardner: Water IP from

Among seven categories of water technologies, more US patents were issued during 2008 for inventions in the “water purification” category than in any other, says a report from Foley & Lardner LLP, a large international law ...

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post image Productivity from

In the eyes of an economist, all inventions go to one purpose: increasing human productivity. Less effort for equivalent result. More bang for the buck. Patents are intended as incentive for increasing productivity. Patentability is ...

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post image Call for Papers: The Indian Journal of Law and Technology (IJLT) from

The Indian Journal of Law and Technology (IJLT) is an annual law journal published by the Law and Technology Committee of the Student Bar Association, at the National Law School of India University, Bangalore, India ...

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Video Pirates, Preventive Detention and the Constitution of India from

SpicyIP's good friend K.V. Dhananjay a practising Advocate at the Supreme Court of India recently brought to our attention the news that the State of Karnataka was planning to enact a legislation to ...

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Modification of Claim Construction in Jury Instruction Warrants New Trial from

The court granted plaintiff's motion for a new trial where, after the close of plaintiff's case at trial, the court modified its previous claim construction based on evidence presented during trial. "Since this ...

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Google and On Demand Books Bring the Public Domain to the Public from

Brandon Evenson is a JD candidate at Osgoode Hall Law School. Given Google’s internet footprint, it would be easy for any web surfer to mistakenly conclude that Google is out to rule the online ...

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Patent Abstracts, Common Problems With Them, and Tips for Drafting A Better Abstract from

© 2009, Michael E. Kondoudis Introduction USPTO rules require that every non-provisional patent application include an Abstract. This Abstract is a concise summary of the invention disclosed in the application. This summary enables the Office (and ...

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Novo Nordisk Ordered to Correct Overly Broad Orange Book Use Code from

Defendant was entitled to a mandatory injunction requiring plaintiff to change the Orange Book use code for the patent-in-suit. "[Defendant's] ANDA covers repaglinide. [Plaintiff's] patent which is the subject of this patent action ...

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PTO’s Bilski Brief from

Against the backdrop of the petitioner’s and nearly 45 amicus briefs calling for overturning the Federal Circuit’s newly crafted machine-or-transformation test, the PTO filed its brief in support of affirmance at the Supreme ...

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Tweets of exit polling results in German 9/27 election prematurely released? from

AFP reports: It is illegal in Germany to publish exit polls before the cut-off point for voting but a number of tweets claiming to show the scores for the main parties surfaced one hour before ...

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Netlist files infringement suit against Inphi over US 7,532,537 from

Inphi Corporation issued a press release responding to a press release by Netlist asserting that Inphi’s newly developed iMB ™ technology infringes on Netlist’s U.S. Patent No. 7,532,537. Inphi described this ...

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Patenting the matchbook from

On Sept. 27, 2009, CBS Sunday Morning presented "The first matchbook patent " as its Almanac feature. Showing a copy of the patent, CBS mentioned the name of the "inventor" Joshua Pusey but omitted discussion of ...

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BPAI Appeal Load Out of Control from

As a follow up to my June post on the looming crisis at the BPAI, Chief Judge Michael Fleming has issued some new statistics on the Board of Patent Appeals and Interferences’ current workload. The ...

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Interbrand’s Best Global Brands 2009: The Expected and Unexpected from

Lorraine Fleck is a Toronto, Ontario lawyer and trade-mark agent who practices advertising and marketing, contest, copyright, packaging and labeling, privacy and trade-mark law. Interbrand has released its report of the 100 Best Global Brands ...

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The Dominance of the Private Seed Sector and the Legislative Destruction of Farmers’ Rights from

Jasdeep Bal is a JD candidate at Osgoode Hall Law School and was an intern this past summer with the People’s Patent Group (PPG) in New Delhi, India. Currently, India’s domestic seed market ...

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Updated Look Is Obvious from

During examination of a patent application, the examiner and patent applicant may disagree on various issues such as claim interpretation, patentable subject matter, written description, novelty, obviousness, etc. After the examiner has rejected the patent ...

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Bilski Briefing: Government Argues that Section 101 "Processes" are limited to "technological and industrial processes." from

Bilski v. Kappos (Supreme Court 2009) 08-964bsUnitedStates.pdf In its responsive brief, the Obama Administration asks the Supreme Court to confirm that a patentable process must be tethered to technology - either "directed to the operation ...

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Structural Similarity is Not a Predictor of Similar Properties from

Teva was unable to show inequitable conduct in its attempt to get AstraZeneca’s U.S. Pat. No. 4,879,288 declared invalid when the district court ruled that there wasn’t sufficient evidence that ...

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