Patent & IP news for December 2, 2009

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Patent & IP Blogs

post image Federal Circuit Affirms Summary Judgment of Obviousness for Bulk EMail Patent from

Perfect Web Technologies v. InfoUSA (Fed. Cir. 2009) Perfect Web's asserted patent covers a method of managing bulk e-mail distribution. Claim 1 of the application (filed in 2000) reads as follows: 1. A method ...

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post image Federal Circuit Orders Another Case Transferred Out of Texas from

In re Hoffamann-La Roche (Fed. Cir. 2009)(on writ of mandamus) Novartis sued Roche and its partners in the Eastern District of Texas for infringement of its HIV treatment patent. After being denied by District ...

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post image Aplin and Davis: a worthy purchase from

In the olden days when he was but a little kitten, the IPKat never had much use for Case Books. For the most part, they struck him as an excuse for not reading cases as ...

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post image Is IP Good for Industrial Clusters? from

Small-firm clustering has been championed as a strategy for enabling such companies in the aggregate to compete successfully against rivals in emerging markets. The idea is that these companies can tap the pool of manpower ...

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post image IPKAT v IPAT: your chance to advise! from

The IPKat is not just a commentator on IP-related matters; he also owns a little patch of intangible estate. This is his Community trade mark registration E8150286 for the word IPKAT, with a filing date ...

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post image Patebt litigation insurance: good for the defendant, better for the insurer from

"Controlling The Costs Of Intellectual Property Litigation", an article by Sanford E. Warren Jr. of Akin Gump Strauss Hauer & Feld LLP, was published yesterday in The Metropolitan Corporate Counsel (here). It raises some familiar issues ...

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post image Wednesday whimsies from

Happy mid-week, everyone! As the count-down to the weekend begins,the Kats are making themselves unusually industrious in trying to ensure that none of their readers take a break without plenty of exciting IP issues ...

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post image The "Appeal" of a Pre Grant Rejection from

Prakruthi analysed an interesting Bombay High Court decision that suggested that a party aggrieved by a pre-grant opposition decision could file a writ before the High Court. Adithya Reddy, a guest blogger takes issue with ...

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Transforming Music from

When I was in high school, I often pondered some of life's bigger mysteries and conundrums, typically of the "unstoppable object vs. immovable post" or "why does 7-11 need locks on the doors?" variety ...

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New Classification Scheme For Clean Energy Patents To Facilitate Technology Transfer from

Technology transfer is essential to the mitigation of climate change but empirical data on the subject is scarce, according to panellists at a parallel event to the World Trade Organization ministerial meeting. An initiative has ...

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Patently-O Bits and Bytes from

Professor Lichtman and his students at UCLA reenact Bilski v. Kappos. [Download the MP3] Jeremy Grushcow discusses “three need-to-know Canadian patent decisions that impact pharma, biotech and generic companies”: [LINK] Lundbeck v. Ratiopharm (the Canadian ...

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BPAI Starts Issuing Decisions on NTP/RIM Patent Reexaminations from

It's hard to believe, but it has been almost 5 years since the NTP v. RIM case dominated the headlines and became a rallying point for much of the patent reform efforts we have ...

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A Taxonomy of Social Networking Data: Privacy Concerns from

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. Many thanks to Bijan Soleymani, a M. Eng Candidate at McGill University. In a recent post, the internationally renowned security technologist and author Bruce ...

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Challenging Pre Grant Orders through Writs: Whither "Alternative Remedies"? from

We have a very interesting guest post from Adithya Reddy, a bright patent litigator from Chennai. He argues that a post grant opposition is an efficacious alternative remedy and that therefore High Courts ought not ...

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Late Amendment of Contentions: Denied as to New Patent, Granted as to New Prior Art from

Plaintiff's motion for leave to serve amended infringement contentions, asserting infringement of an additional patent, was denied because defendant made its source code available a month before plaintiff's supplemental contentions were due and ...

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Bits and Bytes No. 107: USPTO Gossip from

We can expect the announcement of a new PTO chief sometime soon. Sharon Barner: Foley & Lardner's chief IP attorney. Barner has been a strong Obama supporter and in 2008 was named one of the ...

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WTO Ends Ministerial With No Agreements, Modest Treatment Of IP from

The World Trade Organization today wrapped up its first ministerial meeting in four years with no decisions or breakthroughs (as expected) but an informal agreement to consider by March whether members can complete the longstanding ...

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Spanish Court of Appeal: Brand Drug Holders Can’t Challenge Generic Approvals from

The Spanish Central Administrative Court of Appeal has confirmed that the holders of innovator medicaments are not entitled to challenge the marketing approvals of generic medicaments issued by the Spanish Agency of Medicaments and Sanitary ...

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Some Heretical Thoughts on the Ariad Case: What Does “Any Person Skilled in the Art” Mean and Should It Apply to the “Written Description” Requirement? from

In probably the most significant case since In re Bilski, the en banc Federal Circuit in Ariad Pharmaceuticals v. Eli Lilly is about to ponder two questions: (1) is there a separate and distinct “written ...

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CAFC Rules Patent Claims Obviously Common Sense from

Earlier today in Perfect Web Technologies, Inc. v. Infousa, Inc. the United States Court of Appeals for the Federal Circuit determined that the district court properly ruled the relevant patent claims of US Patent No ...

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U.S. Patent Office Gains Access to Traditional Knowledge Digital Library (TKDL) from

India and United States have signed two inter-governmental agreements on Intellectual Property Rights (IPR) to help prevent what they say is the misappropriation of traditional knowledge through mistaken issuance of patents, what some call biopiracy ...

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