Patent & IP news for October 27, 2009

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

Presently, twelve 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 Keraderm: Nail-Healing Light from

Blacksburg, VA-based Keraderm just raised $2.5 million in an "A" round. The company has invented a device that looks like this that uses phototherapy to fight nail infections.

The firm's President, Bill Cumbie ...

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post image Slowing Down RCEs and Lengthening the Patent Term from

In a prior post, I discussed the USPTO's planned docket-change for applications associated with a request for continued examination (RCE). See Nudging Against RCE Filings. According to the RCE Docket proposal, when an applicant ...

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post image Oxford IP journal gets its own weblog from

JIPLP (pronounced "jip-lip") is the name of the new weblog which is to run in tandem with the Journal of Intellectual Property Law and Practice, the monthly periodical published by Oxford University Press. The JIPLP ...

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post image Arbitration's "Down" Side: Two Years of Proceedings; $20 Million in Punitives; and, No Appeal from

This just in from the Ninth Circuit -- In re Bosack -- an opinion affirming the trial court's refusal to vacate an arbitration award totaling nearly $20 million after proceedings that "lasted two years, during which ...

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post image The Benefits of Interest-Based Negotiation in IP Disputes from

I've been thinking jurisprudential thoughts for the last couple of weeks because I'm finishing the second draft of the ABC's of Conflict Resolution and because I made the terrible error of trying ...

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MaxDrei comments at IPBiz on post-grant review from

In a first for IPBiz, MaxDrei has posted a comment, related to post-grant review [see
Kappos on the USPTO: "the nose of this airplane is pointed down"

Dreaming is what it is, but one can ...

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Baby Einstein: guilty of misleading the American public? from

In a post titled The great Baby Einstein scam , Mira Shine noted:

The New York Times reported Thursday that Disney is offering a refund to buyers of its ubiquitous “Baby Einstein” videos, which did not ...

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Does a Reference's Priority Claim to a Provisional Application Alter its 102(e) Prior Art Date? from

In re Giacomini (Fed. Cir. 2009) (discussion of the briefs) Giacomini is appealing the BPAI's 102(e) rejection -- arguing that the patent asserted as prior art does not actually qualify as prior art. Giacomini ...

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CRTC Comes Down Soft on Promoting Net Neutrality from

George Nathanael is a JD candidate at Osgoode Hall Law School. Last week the Canadian Radio-television and Telecommunications Commission (CRTC) released a policy dealing with the traffic management practices of internet service providers (ISPs). Though ...

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BIO IPCC Meeting Starts Off With Some Advice From Circuit Judge Michel from

BIO’s Intellectual Property Counsel Committee is holding its Fall Conference and Committee Meeting got off to a great start today. The meeting started off with an IP Counsels Committee Business Retreat – a day-long meeting ...

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Witness Excused for Medical Condition, Barred From Further Testimony from

Defendant's motion to have its witness excused from deposition and trial because of a medical condition was granted. "However, because it is not clear from the [letter from the witness' physician] how the diagnosed ...

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Patent Reexamination in the Life Sciences from

At today’s session of BIO’s IPCC Conference, Gregory Morse of the Central Reexamination Unit of the US Patent and Trademark Office gave a presentation of the process for handling re-exams. Comparing ex parte ...

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Nokia v. Apple from

Nokia sued Apple in federal court in Delaware last week, claiming Apple willfully infringes 10 fundamental cell phone patents owned by Nokia — in essence, that every iPhone Apple has sold since launching the product in ...

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Allergan Victory in ALPHAGAN® P Patent Infringemet Suit from

The United States District Court for the District of Delaware handed Allergan, Inc. (NYSE:AGN) a victory last week in its patent infringement lawsuit brought against Exela PharmSci, Inc., Exela PharmSci Pvt., Ltd., Apotex, Inc ...

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Patent Applicant Barely Avoids “Publicly Accessible” Hazard of Own Copyrighted Manuscript on Playing Golf from

Dr. Richard Lister, a Ph.D. clinical psychologist and an avid sportsman, grew weary of the “horrendously slow pace of a game of golf.” In response, Dr. Lister developed a method for playing recreational golf ...

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Patent Info News Supplement / EPO Discontinues DVD Products from

The EPO is now publishing a supplement with its Patent Information News newsletter that covers data and technical topics formerly covered in the INPADOC Patent News. e.g. Legal status codes, country coverage, etc. The ...

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Webcast of Knee Replacement to Feature Patented Technology from

At 6 p.m. CST on November 10, 2009, Foundation Surgical Hospital will present a live webcast of a partial knee replacement featuring the iUni® G2 Personalized Knee Resurfacing System. The live procedure will be ...

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USPTO Looks to Reduce "Stress" of Data Delivery, Seeks High-Volume Dissemination for Future from

Currently, the USPTO is looking to unload about 2 petabytes (i.e., 2000 terabytes) of patent-related data sets to an outside vendor in an effort to segregate public data from the examiner systems, and to ...

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CAFC Continues to Struggle with How Title to Subject Inventions Works under Bayh-Dole from

Federal funding, typically in the form of research grants, is often used to support university research. The Bayh-Dole Act also allows universities to retain title to invention rights in such research (referred to as “subject ...

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Apple Expands Patent Portfolio Relating to GarageBand from

Apple was issued US Patent No. 7,608,775 earlier today relating to a method of changing time duration guiding a note along a beat ruler in a Graphical User Interface (GUI). This patent application ...

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IP Osgoode Speaks: Chris Castle on Voluntary Collective Licensing from

Brandon Evenson is a 2010 JD Candidate at Osgoode Hall Law School. He holds a degree in Computer Engineering from Queen’s University. Prior to attending Osgoode, Mr. Evenson consulted for some of the world ...

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Bloggers criticized in Bilski session from

In a session titled "Behind the Scenes Look at Bilski", speakers criticized (obliquely) certain blogger commentary on the Bilski case.
Two observations:

#1. The speakers had prepared more thorough commentary on Bilski than is seen ...

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