Patent & IP news for October 1, 2009

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post image Summary of Local Patent Rules Affecting Claim Construction Practice (Part 4 of 5) from

Presently, eleven federal district courts have enacted local patent rules.  The rules are generally used to help streamline what can be very complicated disputes.  Among these rules are rules that affect claim construction practice in ...

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post image Diamonds are… from

For those interested in IP rights behind jewellery, PRWeb reports that tomorrow is the bid deadline for the auction of the Friedman's Jewelers and Crescent Jewelers' intellectual property. The auction will take place on ...

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post image OHIM: "discrepancies" in opposition numbers? ... and a new watch service too from

No, this is not another post concerning a potential OHIM scandal (see here). The IPKat's good friend Alfred Strahlberg has contacted the Kat with an interesting observation concerning the numbers of oppositions filed against ...

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post image Fraudulent from

Advanced Software sued Federal Reserve banks and Fiserv in Federal district court for infringing process patents "for detecting fraudulent bank checks." The checks at issue were U.S. Treasury checks. 28 U.S.C. Section ...

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post image Calculating lost profits: a monster of our own making? from

Technology Transfer Tactics is currently advertising Calculating Lost Profit in IP and Patent Infringement Cases by Nancy J. Fannon ASA, CPA-ABV, MCBA. Published by Business Valuation Resources, this book is reportedly a 690 page hardback ...

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post image Patent litigation costs and SMEs: a judge speaks from

Speaking at the Chartered Institute of Patent Attorneys' Congress at the Radisson SAS Portman Hotel today, Mr Justice Arnold opened the discussion of the cost of patent litigation, especially for SMEs. Observing that the cost ...

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SpicyIP Jobs: Fabulous Opportunity for Patent Attorneys from

Position Title: Patent Attorney
Firm Profile: One of India’s leading law firms
Location: Delhi
Roles and Responsibilities: 1. Preparing, filing and prosecuting patent applications2. Dealing with Patent Oppositions3. Preparing written opinions on issues of ...

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Termination of Transfer of Copyright and the Estate of Jack Kirby from

Peter Waldkirch is a second year LL.B. student at the University of Ottawa. Jack Kirby (1917-1994) is well-known to comic book fans as one of the most influential artists and authors in the history ...

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Changes to the Count System from

Patently-O is reporting on a briefing made to the patent examining corps yesterday that includes proposed changes to the count system. As Prof. Crouch rightfully notes, the changes are incremental. RCEs The upshot is that ...

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Hitler, and the bunker, re-visited from

While in Berlin in October 2008, LBE was given a tour which included a trip to the site of the Hitler bunker, which on the surface is now a parking lot. The tour guide emphatically ...

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Modifying the count system at the USPTO from

from the Washington Post:

The proposal [made 30 Sept 09] would award more credits earlier in the process and allow examiners to interview applicants before reviewing the entire application. That long-sought option should help shorten ...

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Tom Donohue urges strong patent rights in climate-friendly technologies from

In an article titled U.S. group urges strong patent rights in climate deal , Doug Palmer of Reuters gives quotes from Tom Donohue of the US Chamber of Commerce relating to the issue of compulsory ...

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The stent patent wars winding down? from

In reporting on a recent settlement between J&J; and Boston Scientific of some (but not all) stent patent litigations between the two, the Wall Street Journal noted that the business interest is going down ...

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Five New Orders on Transfer of Venue From EDTX -- Two Denied Where All Public and Private Interest Factors Favored Transfer or Were Neutral from

Defendant's motion to transfer venue was denied even though all of the private and public interest factors favored transfer or were neutral. "While this case was pending, [defendant] filed a separate action against [plaintiff ...

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Stanford takes a hit at the CAFC in Roche HIV matter from

The bad news for Stanford University appeared early in the CAFC decision:

because the district court incorrectly declined to consider Roche’s affirmative defense
based on ownership, and because we conclude as a matter of ...

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Patent Office Proposes Changes to Examiner Quota System from

David Kappos, the Director of the United States Patent and Trademark Office, unveiled yesterday a series of proposals to bring significant change to the examiner “count system” – the methodology for determining the time a patent ...

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Another University Patent Ownership Dispute: Stanford Loses Rights Based on Researcher's Side Agreement from

Stanford v. Roche (Fed. Cir. 2009) 08-1509r.pdf Using federal NIH funding, Stanford scientists developed and patented a method of using PCR to measure HIV virus concentration in blood plasma. The development was done in ...

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It's about the money, stupid from

Way back in 2005, the californiastemcellreport wrote:

While California is just embarking on a $3 billion stem cell research effort, New Jersey has already poured hundreds of millions of dollars into the biotech biz in ...

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A Response to the FTC's Report on Follow-On Biologics from

Congress is considering legislation that would create an abbreviated FDA approval process for follow-on biologics (FOBs), which proponents anticipate will promote competition and lower prices in the market for biologic drugs. In June of 2009 ...

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It’s Not You It’s Them” or “They’re Just Not into You”: Why Being an Independent Inventor is Like Dating from

The view that a good idea will result in a windfall for an independent inventor seems to be embedded in the fabric of US culture–perhaps it’s because the patent system dates from our ...

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"That's One Small Step . . ." Kappos Starts PTO Reform By Tweaking Examiner Productivity Metrics from

Yesterday, the PTO published a briefing paper that was provided to the USPTO examining corps (via POPA) on a proposal that would change the "count system" in the USPTO, which is universally blamed as being ...

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Judge Michel on the Patent System from

On the nomination of Kappos as USPTO Director:
I think the selection of David Kappos as the director of the USPTO is the clearest indication of the new administration's appreciation of IP issues . . . This ...

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N.D. Illinois Issues Local Patent Rules from

From the Northern District of Illinois website:

"The judges of the Northern District of Illinois have enacted the Court’s Local Patent Rules to guide the pretrial procedures in patent cases. The Local Patent Rules ...

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USPTO Alert: Software Not Calculating National-Stage Patent Term Adjustments Correctly from

The following notice from the PTO is important for any overseas patent filer having recently allowed or issued patents stemming from § 371 applications:
The USPTO is in the process of correcting an error in the ...

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Print Impairment and Copyrights from

There have recently been discussions by the CIS (The Center for Internet and Society) over some important issues relating to the intercourse of copyright protection and accessibility of content. Bringing up important points about the ...

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Philips Withdraws ITC Case as LED Patent Term Wanes from

In a previous post, I discussed a patent infringement action in the U.S. International Trade Commission (ITC) between Philips Lumileds Lighting Co. (Philips) and Taiwanese LED maker Epistar Corp. (Epistar) involving U.S. Patent ...

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