Patent & IP news for October 8, 2009

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Patent & IP Blogs

post image Summary of Local Patent Rules Affecting Claim Construction Practice (Part 5 of 6) from

Now that the Northern District of Illinois has officially instituted its set of local patent rules, there are twelve federal district courts that have enacted local patent rules.  The rules are generally used to help ...

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post image Spain: no mosaic rule in patent cancellation actions. from

Ignacio Marqués (Baker & McKenzie, Barcelona) has written to PatLit with news that the dogged pursuit of mosaics may be a thing of the past in Spain. He tells us:
"A recently published judgment of the ...

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post image Small, convivial messages: how the French send their textos from

The IPKat has heard from his friend Jean-Philippe Bresson (Inlex) that registration of the French trade mark TEXTO, for services in Class 38, has been cancelled following a decision last month of the Cour d ...

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post image British SMEs on the warpath ... from

The IPKat has just received a "Dear Interest" email from John Mitchell of the SME Innovation Alliance ("SMEIA"). Putting aside his dislike of emails so addressed -- he is a Kat, not an Interest and even ...

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post image SpicyIP Tidbits: The End of 'End User License Agreements'? from

In a very recent judgement a U.S. District Court has ruled that the purchase of Autocad software from Autodesk under an End-User Licence Agreement (EULA) was not a licence but a sale. As a ...

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post image Intellectual Property Nirvana from

If you could design the perfect intellectual property system, how would it work?

  1. Would it allow free online content to all?  How would it reward creativity?
  2. Would it allow free medicines to all?  How would ...

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post image Can Luxury Goods Survive in the Online Environment? from

Finding business models that work for the on-line sale of goods continues to be work-in-progress. Perhaps the best-known attempt to propose an appropriate model is Chris Anderson's (editor of Wired magazine) notion of "the ...

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Expectations of digital ownership from

Billy Barnes is a JD candidate at the University of Toronto. In a much publicized move, Amazon remotely deleted two books from users’ Kindle e-book readers. It causes one to wonder what rights we actually ...

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The wakeboard tower and selling doughnuts from

Text on a message board at wakeworld:

Boat companies "Borrow" much more serious and important things every day. Mastercraft has stolen more than a few ideas, and so has every other company in every other ...

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Patently-O Bits and Bytes from

Ariad v. Eli Lilly (Written Description): Ariad has filed its opening brief in the en banc Federal Circuit challenge to the statutory basis for a written description requirement that is separate and distinct from enablement ...

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New out of beta from

It looks like the USPTO’s website’s redesign is out of beta: The News page still doesn’t have an RSS feed or “subscribe by email” function (unlike the Copyright Office ...

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Obama Administration: The Harmonization Capitulation from

If you have not already read the letter from Commerce Secretary Gary Locke to Senator Patrick Leahy (Chair of the Senate Judiciary Committee) and Senator Jeff Sessions (Ranking Republican Member), you absolutely need to read ...

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Plaintiff Not Required to Limit 178 Asserted Claims from

Defendant's motion to limit the number of asserted claims was denied. "[Plaintiff] is not required to limit the number of asserted claims against [defendant] from 178 claims to 10 claims at this time. The ...

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Safe Harbor Provision for Divisional Patent Applications from

The patent statute (35 USC § 121) indicates that divisional patent applications cannot be receive a double patenting rejection based on claims of a parent application. This is commonly known as the safe harbor provision of ...

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When Should I Use Trade Secret Protection? from

Once you have learned what trade secrets are, you may wonder when it is appropriate to utilize trade secret protection. Trade secret protection is used when patent, trademark, or copyright protection cannot be obtained or ...

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USPTO Agrees to Withdraw Claims & Continuations Rules from

PRESS RELEASE: GlaxoSmithKline (NYSE: GSK) today announced that it has reached agreement with the United States Patent and Trademark Office (USPTO) to join the USPTO’s motion to dismiss its litigation over Final Regulations published ...

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USPTO Continuation Rules *DEAD* (More-or-Less) from

Today the USPTO announced that it has filed a joint motion with Plaintiff GlaxoSmithKline to dismiss the lawsuit related to continuation rules. From todays' PTO press release:
Under Secretary of Commerce for Intellectual Property and ...

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Tafas v. Dudas Concludes: CAFC Must Choose Whether to Vacate District Court's Precedent from

The USPTO has announced that it is rescinding the continuation rules package being litigated in Tafas v. Dudas. GSK has reportedly agreed to request that the Federal Circuit dismiss their appeal and to vacate the ...

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HHS Assault on Gene Patents and Diagnostic Methods from

Today the Secretary’s Advisory Committee on Genetics, Health, and Society (SACGHS) submitted its final report to the Secretary for Health and Human Services titled Final Draft Report on Gene Patents and Licensing Practices and ...

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USPTO blinks in Tafas v. Kappos (Dudas) from

Reuters reported on 8 Oct. 09: The U.S. Patent and Trademark Office has dropped regulations that sparked a lawsuit by GlaxoSmithKline (GSK.L) and the two sides have asked a court to dismiss the ...

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