Patent & IP news for November 20, 2009

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Patent & IP Blogs

post image Fatigued from

6,100,287 claims a nutritional supplement for "enhancing muscle performance" and recovering from fatigue. Iovate sued BSN over '287. The district court found the asserted claims anticipated by advertisements in Flex magazine. It took ...

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post image Friday fantasies from

Have you checked the IPKat's list of Forthcoming Events? There's plenty coming up, as you can see from the side-bar on the IPKat's front page. It gets a bit quiet over Christmas ...

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post image Proof of availability the public: what standard? from

Some of you may already have read the IPKat's post this morning on the ruling of a Hearing Office of the UK's Intellectual Property Office in Ranger Services Ltd's application, BL O ...

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post image Federal Circuit Affirms EDTex Ruling that Iovate's Muscle Building Patents are Invalid from

Iovate & University of Florida Research Foundation v. Bio-Engineered Supplements & Nutrition (BSN) (Fed. Cir. 2009) (Download 09-1018) Iovate is the exclusive licensee of UF's patented method for "enhancing muscle performance or recovery from fatigue." Pat ...

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post image IP rights "not the driver" for vegetable varieties innovation from

While most felines have little affection for vegetation, the IPKat is something of an exception. He has just been perusing "Patents and Vegetable Crop Diversity", a US research paper by Paul J. Heald (Allen Post ...

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Internet-hosted prior art and proof of publication: UK not bound by EPO level of proof from

In a recent hearing concerning a UK patent application, Ranger Services Ltd's application, BL O/362/09, 17 November 2009, Hearing Officer Lawrence Cullen was faced with a question relating to the status of ...

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In re Seagate's "Objective Recklessness" Test Does Not Render Defendant's Knowledge of Patent Irrelevant to Willfulness from

In granting plaintiff's motion for enhanced damages, the court took into account whether defendant knew of plaintiff's patent and formed a good faith believe as to invalidity or noninfringement. "[Defendant] maintains that this ...

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Journal Inquirer sues Courant over copying incident from

In an article titled Suit Accuses Hartford Courant of Plagiarism , the New York Times informs us that the "Journal Inquirer of Manchester, Conn., has sued The Courant" over copying news articles, but never quite tells ...

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TV questioning "high tech" forensics? from

On Monday, Nov. 16, CSI-Miami went through a number of "false positives" in forensics, including a "false positive" for blood alcohol caused by ethanol-producing micro-organisms elevating the ethanol level. [the details were not fleshed out ...

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Firefox extension for cut/paste Westlaw/Lexis citations from

I rarely use Westlaw/Lexis, but the CiteGenie FireFox extension could be really useful for those of you whom do. As their website points out: Cutting and pasting when doing legal research using your browser ...

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J. M. Smucker makes P&G acquisitions work well from

J.M. Smucker, best known to patent attorneys for the so-called "peanut butter & jelly sandwich" patent, is doing very well with the acquisitions it has made from Procter & Gamble. A Reuters story on 20 Nov ...

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ACLU Should Be Hit With Rule 11 Sanctions from

In the ACLU v. Myriad case, the ACLU has alleged that the patents involved in the case cover genes found in nature. This statement is so patently (pun intended) false, that the ACLU either purposely ...

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A123 Asks Appeals Court to Reinstate Home Court Advantage in Battery Patent Suit from

In April 2006 A123 Systems Inc. (A123), a Boston area lithium ion battery maker, brought a declaratory judgment action against Canadian utility Hydro-Quebec (H-Q) in federal court in Boston seeking declarations that A123 did not ...

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Success Rates for Permanent Injunction after eBay v. MercExchange from

Since January 2008, 93 orders have been issued in patent infringement cases on motions seeking permanent injunctive relief. Of those motions, 63% were granted and another 9% were granted in part. The remaining 28% were ...

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Bilski: which elements from Eldred will return? from

Further to the IPBiz post titled
On horse-training methods and Bilski oral argument
, one recalls the exchange between Chief Justice Rehnquist and Professor Lessig in Eldred v. Ashcroft:

MR. LESSIG: Well, if it flies in ...

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