Patent & IP news for November 30, 2009

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Patent & IP Blogs

post image eBay told: "pay €1.7million" in LVMH dispute from

The Guardian has just reported ("Illegal perfume sales cost eBay £1.5m in fines") that a Parisian court has ordered eBay to pay more than £1.5m for breaching an injunction that banned its users ...

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post image Monday miscellany from

Now that the Canon Mystery Case (see earlier posts here and here) is no longer so mysterious (thanks, once again, to all the IPKat's readers), there's another mystery. A well-informed source tells the ...

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post image Copyright Infringement and ISP Liability: A Critical Flaw in India's IT Act from

An earlier guest post opined that the recently amended Information Technology (IT) Act absolves internet service provider (ISP's) and other intermediaries from IP infringement liability, provided they satisfy certain pre-requisites. Kaushik Krishnan, one of ...

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post image Teva v Merck - not a sight for sore eyes from

Article 123(2) of the European Patent Convention states, "A European patent application or a European patent may not be amended in such a way that it contains subject-matter which extends beyond the content of ...

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post image Monsanto: Patents for Seeds from

St. Louis-based Monsanto has a lot of seed patents, to the growing chagrin of some farmers.

How many U.S. patents & patent apps in total?


See them here.

Consider their most recent patent ...

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post image That Mystery Canon Case: more information from

The IPKat continues to receive correspondence concerning Case C-181/09 Canon Kabushiki Kaisha v IPN Bulgaria OOD, a reference for a preliminary ruling on European trade mark law from the Sofiyski gradski sad (Bulgaria) which ...

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post image Can Bespoke and Generic Software Dance at the Same Software Party? from

One of those "better not asked" questions is how to deal with the issue of ownership of bespoke software that relies on the generic platform of the developer. Stated otherwise, consider the situation where Party ...

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post image New Draft EPO Guidelines from

The EPO have just released a draft version of the Guidelines for Examination, to be implemented from 1 April 2010. This is when the Administrative Council decisions CA/D 2/09 and 3/09 come ...

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FICPI INDIA SYMPOSIUM 2009 – Student Session from

FICPI is an organization working for the interests of Patent and Trademark professionals world-wide. On 9th of December, 1st day of the Symposium CII & FICPI is organizing a Student session at IIT Campus. FICPI members ...

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Pharmaceutical Patent Pools Seen As A Life And Death Matter In Kenya from

NAIROBI - At the headquarters of UNITAID and other groups seeking to boost access to HIV/AIDS medicine, the notion of a patent pool where drug companies would combine their intellectual property is seen as an ...

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A Wait and See Approach to privacy in Genomics from

Virgil Cojocaru is a JD Candidate at Osgoode Hall Law School. deCODE Genetics, an Icelandic firm that offers customers private DNA tests has filed for bankruptcy. Customers would typically take a genetic sample from the ...

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New FTC guidance affecting online advertising takes effect December 1, 2009 from

On December 1, 2009, the Federal Trade Commission (FTC) will adopt new Guides Concerning the Use of Endorsements and Testimonials in Advertising. The new Guides can affect a wide variety of online commercial activity, including ...

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Fighting "term paper mills," and bigger problems from

An article in the Badger-Herald notes that a Professor Chad Weidner has a lawsuit against the "paper mill" R2C2 and its owner Rusty Carroll. Although one can readily see why an academic might have problems ...

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KSR v. Teleflex: story-telling is nice, but... from

Back in June 2007, IPBiz noted the response of one practitioner to KSR v. Teleflex was that KSR required the patent advocate to tell an extremely cool story to the USPTO (or to the court ...

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eBay Policy Concerning Sales of Infringing Products Necessitates Injunctive Relief from

Plaintiff's motion for a permanent injunction upon the court's entry of default was granted. "[I]n the absence of an injunction, of which [defendant] will certainly receive notice, [defendant] may continue to infringe ...

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SD Cal.: Evidence Relating to Reexamination Proceedings Excluded Fom Trial from

Presidio  Components Inc., v. American Technical Ceramics Corp., No. 08-CV-335 (S.D. Cal., November 13, 2009, order)

During litigation, ATC submitted a request for reexamination to the USPTO, which was subsequently granted.  Soon thereafter, Presidio ...

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US Patent Office to Reject Based on Traditional Knowledge from

Last week on Monday, November 23, 2009, while so many of us were winding down, clearing off our desks and getting ready for the Thanksgiving Holiday, the United States Patent and Trademark Office announced that ...

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WTO Ministers Say Complete Doha Round Or Suffer Irrelevance from

World Trade Organization members today called for a completion of the Doha Development Round of trade liberalisation talks in 2010, tying its success to the relevance of the organisation as a whole, at the opening ...

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Amendment of Patent Claims under Section 58 from

A decision was delivered by the Delhi High Court in September on amendment of patent claims in a case between AGC Flat Glass (Plaintiff/Patentee) and Anand Mahajan and Ors (Defendants). This is one of ...

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Book Review Monday: The Soul of Money from

If you let go of trying to get more of what you don’t really need, it frees up oceans of energy to make a difference with what you have. When you make a difference ...

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