Patent & IP news for October 15, 2009

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Patent & IP Blogs

post image Open source software as prior art in patent oppositions from

The IPKat's friend Markus Hössle writes to tell him this:
"I read with interest Tufty's amicus submission to the EPO [cited with approval by Lord Hoffmann here] in respect of the European Patent ...

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post image Denmark's new transfer pricing IP valuation guideline from

Skat's (Denmark's tax authorities) have issued new guidelines on IP valuation entitled "Transfer Pricing, controlled transactions, valuation". Google's handy translation tool will translate the lengthy download in the link for interested readers ...

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post image Uncertainty at Bangkok Climate Change meet from

The recent UN session on Climate change which ran from 28th September to 9th October in Bangkok, highlighted what has become an all too familiar scenario of a clash of interests between developed and developing ...

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post image Fulbright review of lit trends -- patents down but not out from

The Fulbright & Jaworski 6th Annual Litigation Trends report has just been released. On patents, this US-centric but nonetheless highly valuable piece of research has this to say (as summarised by Reuters):
"What`s New in ...

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post image Madonna, The Mail on Sunday and "undisclosed sums" from

Last week publicity-conscious music icon Madonna (Ciccone) was reported to have accepted substantial (if sadly undisclosed) damages for privacy and infringement of copyright over the publication by The Mail on Sunday newspaper of "purloined" photos ...

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post image Big news for brand owners: TM rights may, or may not, be impliedly exhausted from

It nearly sneaked past everyone without being spotted, but the European Court of Justice ruling in Case C-324/08 Makro Zelfbedieningsgroothandel CV, Metro Cash & Carry BV and Remo Zaandam BV v Diesel SpA, a ...

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post image U.S. Senate passes bill against "pay for delay" drug settlements from

The U.S. Senate passed a bill today that would ban "reverse-payment settlements," which are settlements that end patent litigation between branded and generic drug companies in which the branded company pays money to the ...

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Oversharing on a Public Stage: The Privacy Commissioner of Canada’s Annual Report from

Peter Waldkirch is a second year LL.B. student at the University of Ottawa. The Privacy Commissioner of Canada, Jennifer Stoddard, recently released her office’s Annual Report to Parliament on the Personal Information Protection ...

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Stanford/Roche case NOT a win for academic inventors from

A recenr release from Reuters on the Stanford/Roche case was titled:

Federal Circuit Court Hands Academic Inventors a Big Win - IP Advocate Founder Says Decision Affirms That Faculty Inventors, Not Universities, Own Their Inventions ...

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Agenda For Next WIPO Traditional Knowledge Meeting Online from

The next meeting of the World Intellectual Property Organization Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore will be from 7-11 December. The draft agenda is online and available here. The ...

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Pablum from the PTO? from

Patent Docs reported on a meeting in Chicago involving Cameron Kerry and Sharon Barner. The Patent Docs discussion evoked a "meet the new boss, same as the old boss" theme, with comments like:

However, he ...

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Microsoft Asks Federal Circuit to Reconsider the Presumption of Validity from

Microsoft has filed a petition for rehearing en banc in Lucent Technologies, Inc. v. Gateway, Inc., where it argues that the presumption of validity does not apply to prior art that was not considered by ...

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American University Lecture: What the Federal Circuit Can Learn from the Supreme Court–and Vice Versa from

Description: Professor Rochelle Dreyfuss (New York University School of Law) on “What the Federal Circuit Can Learn from the Supreme Court–and Vice Versa”     Date & Time: October 20, 2009 from 5:00pm to 7:30pm ...

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Delay in Asserting Affirmative Defense and "Piratical" Settlement Demand Bar Recovery of Attorneys' Fees by Successful Defendant from

In denying defendant's motion for attorneys' fees following plaintiff's voluntary dismissal of its patent claims, the court concluded that defendant's fees and expenses were incurred due to its delay in asserting an ...

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My Amicus Brief Has Been Filed in Ariad v. Lilly from

I have filed an amicus brief in Ariad v. Lilly in support of neither party but arguing against the Lilly Written Description Requirement (LWD), available here.

My brief essentially argues that LWD has been applied ...

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European Union Prepares A New Intellectual Property Rights Strategy from

Intellectual property rights and their protection will be high on the agenda of the European institutions in the upcoming legislature, representatives from the European Commission, European Council and the European Parliament said at the first ...

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Twist in Australian plagiarism case from

The Australian reports that the Queensland Crime and Misconduct Commission [CMC] has launched an official inquiry into the accusations of plagiarism in three articles in the Queensland Law Society's [QLS} Proctor magazine.

The Australian ...

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Sony Ericsson Settles ITC Patent Suit with LED Professor from

I’ve written before in this space about retired Columbia University Professor and LED innovator Gertrude Neumark Rothschild and her success litigating and licensing her patents (see, e.g., previous post here). That success continues ...

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