Patent & IP news for November 4, 2009

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Patent & IP Blogs

post image Breaking News: Gandhi-Mont Blanc dispute "almost settled" from

We have another breaking news update for you today - this time on the Gandhi-Mont Blanc dispute, which comes via Adam Smith of the World Trademark Review.

The dispute over Mont Blanc's use of Gandhi ...

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post image Open Source and Biotechnology: Whither or Whether Ideology? from

I venture to say that most of us are well aware of the fault lines between proprietary and open source software. Proprietary software is characterized by keeping source code secret together with contractual restrictions on ...

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post image Mandatory Disclosure, PCT and WIPO Conspiracy Theories from

In previous posts, Sumathi touched upon an interesting conspiracy theory that attacks WIPO for alleged sneaky attempts to push through a "global" patent proposal.

Some have also expressed the fear that the latest round of ...

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post image You thought your legal qualification would save you from a job stacking shelves ...? from

The IPKat is keeping an eye out for further developments in the litigation between the popular Guernsey-based UK high-street optician chain Specsavers and Wal-Mart's UK presence Asda, in a row over alleged trade mark ...

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post image Federal Circuit: When are Subsidiaries Covered in a License Agreement? from

Imation v. Koninklijke Philips Electronics (Fed. Cir. 2009) At its heart, this case is simply one of contract interpretation. Philips and Imation (via 3M) had originally cross-licensed a set of patents relating to CD and ...

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post image Wednesday Wround-up from

If you're interested in supplementary protection certificates and the prolongation of patent rights in pharmaceutical and agrochemical products, the SPC Law and Practice 2010 seminar, organised by the SPC Blog, is the place for ...

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post image BPAI Uses Dictionary and Patentee's Explicit Distinguishing of Prior Art in Defining Claim Term and Reversing Rejection of Claims from

Ex parte Westlund (BPAI Nov. 4, 2009)

The Board of Patent Appeals and Interferences ("BPAI"), in an opinion by Administrative Patent Judge Lebovitz, reversed a rejection of claims relating to medical electrical leads and methods ...

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post image I CAN HAS CHEEZBURGER wins against from

In a case of inherent interest to the IPKat, a WIPO panelist has transferred the domain name "" to the proprietor of the trade mark I CAN HAS CHEEZBURGER?.

The proprietor of the trade ...

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post image Just when you thought it was safe - internationalized domain names from

ICANN, the governance body responsible for policy relating to Internet domain names, recently voted in favour of adding Internationalized Domain Names to the Internet.

Internationalized Domain Names are domain names which do not use the ...

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Breaking News: Ramkumar's Patent Stayed by the IPAB from

The IPAB handed down a 10-15 page decision recently staying the operation of Ramkumar's patent covering dual SIM phones. Readers may recall that a similar order had been passed by the IPAB earlier. However ...

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The Oxford IP Moot is one of the most prestigious international IP Moots. The Second Oxford IP Moot will take place on 19th and 20th March 2010 at St. Catherine’s College, Oxford.

Details about ...

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Virginia Journal of Law & Technology and Altacit Global announces IP Writing Competition from

The Virginia Journal of Law & Technology, in collaboration with Altacit Global (an intellectual property law firm that is known for its specialty in offering strategic board-level advice to companies; details about Altacit Global can be ...

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MPAA On Broadband, Net Neutrality: Regulation Good, Not Good from

The Motion Picture Association of America (MPAA) this week urged the US Federal Communications Commission (FCC) “to make the protection of creative content online a core and guiding principle" of its new National Broadband Plan ...

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WIPO Power Struggle Looms Over Development Agenda Coordination from

A struggle over the power and reach of the World Intellectual Property Organization Development Agenda may be looming as members of the UN agency begin to take control of implementation with differing views. Key developing ...

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In Re Lister: Examining Accessibility in Searches for Prior Art from

Alex Gloor is a JD Candidate at Osgoode Hall Law School. A search for prior art is performed before any patent application is filed. This purpose of this search is to try and ensure that ...

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Court Has Subject Matter Jurisdiction to Hear Constitutional Challenge to Gene Patent from

The court denied defendant PTO's motion to dismiss for lack of subject matter jurisdiction plaintiffs' complaint alleging that patents claiming genes used in breast cancer testing were invalid as unconstitutional. "While the USPTO notes ...

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India approaches WTO as yet another seizure takes place from

Even as India and other developing countries are on the verge of filing a formal complaint at the WTO with regard to the 17 highly controversial seizures which have occurred since late last year (which ...

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BPAI Gives Green Light to Nixing "Black Box" Software Patents Under 35 USC 112 from

Ex Parte Rodriguez, Appeal 2008-000693, October 1, 2009 (Precedential Opinion)

The application was directed to a computer-based system and method for configuring and verifying a "structurally variable and complex system."  Exemplary claim 1 reads as ...

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Mood rings and pet rocks as inventions from

Tony ["Tony D. DiNozzo" played by Michael Weatherly] on 3 November 09 in NCIS expounded on well-known inventions, including mood rings, pet rocks, and sporks, to which the response was that they were terrible inventions ...

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Bilski: Eyewitness Report and Expert Analysis from

n Monday, November 9, 2009, the United States Supreme Court will hear oral arguments in the much anticipated Bilski case, which could well decide once and for all whether business methods and software remain patentable ...

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Which Patent Office Does It Best? Survey Says: "The EPO" from

Joff Wild at the IAM Blog reported on an on-going benchmarking survey being conducted by IAM magazine and Thomson Reuters on various patent-related topics.  Recently they asked questions to various professionals regarding patent quality at ...

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Gene Quinn Declared Patent Twit of the Week from

I just so happened to stumble across an interesting article declaring me Patent Twit of the Week. Normally one would not be proud of being declared a “twit,” but I have to say that I ...

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Limited Time Offer from

Effective Sunday, November 8th, the Office's Revised Count System Initiatives will go into effect, except for those initiatives that will require updates to the Office's software systems.

Most significantly, that means that the ...

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Calling for Applications: IP Research Associate Position Open at NUJS from

We have a position open for an IP Research Fellow at NUJS. The Research Fellow will work closely with me to further the aims of Indian intellectual property research, education, awareness and scholarship. We have ...

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