Patent & IP news for December 17, 2009

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Patent & IP Blogs

post image New force in Europe - EPLAW patent blog from

Access to patent law information across Europe just got easier.  The European Patent Lawyers Association recently launched their EPLAW patent blog and it looks very interesting indeed.  It has a noteworthy advisory board (including The ...

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post image Latest news of EU patents and ugly acronyms from

Thanks to the European Patent Office's presence on Twitter the IPKat can inform his readers of the latest version of things-to-come regarding the Community patent. According to the EPO webpage headed "EU Council agrees ...

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post image Inequitable conduct and US patent litigation from

'Defusing the “Atomic Bomb” of Patent Litigation: Avoiding and Defending Against Allegations of Inequitable Conduct After McKesson et al.' is the title of an article by Pofessor Sean M. O'Connor in the just-published latest ...

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post image "Move over, Dali ..." -- but who's next in line for resale royalty entittements? from

Some people have unkindly suggested that the harmonised IP laws of the European Union bear the same relationship to real law as the paintings of Salvador Dalí occupy with regard to reality.
Right: Dalí was ...

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post image Strange brew -- but free speech holds out against confidentiality challenge from

A tricky issue relating to the protection of rights in confidentiality versus freedom of speech was the subject of a lengthy and somewhat repetitive decision of the European Court of Human Rights (Judge Garlicki presiding ...

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post image See-sawing at Copenhagen from

With hardly any time remaining for discussions at 'Hopenhagen', the position of IP in the treaty text continues to remain ambiguous, see-sawing between a number of IP references being mentioned (1st draft), to IP not ...

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post image SpicyIP Tidbit: IP matters lead the way in India's first e-court from

Earlier this week, a small corner of the Delhi High Court became India's first e-court, embracing technology in a way it is hoped will encourage the judiciary to spread the bug!
What is of ...

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Protecting Basmati not Everybody's Cup of Tea? NGO objects to APEDA's Requirements from

Some time back, the Agricultural and Processed Food Products Export Development Authority (APEDA), which is an autonomous organization under the Ministry of Commerce, had issued a tender inviting offers from the law firms specialized in ...

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Ashcroft and Twombly Do Not Require That Complaint Allege "How" Accused Products Infringe from

Defendant's motion to dismiss for failure to state a claim was denied. "[Defendant] seeks to have [plaintiff], in its Amended Complaint, specifically describe how its products practice the claimed methods or systems. This is ...

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WIPO Draft On Visually Impaired Shows Breakthrough; A-V Treaty Negotiation Under Discussion from

Draft chair's conclusions out today show the World Intellectual Property Organization is poised to make paradigm-shifting breakthroughs to expand access to reading materials for the visually impaired. WIPO members this week also are considering ...

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When have Novelty Rights Been Important? from

In the few says, I’ll be distributing a draft of my working paper on the role the invention date in ex parte prosecution. I’m looking for citations for the following proposition: Supporters of ...

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There Be Feeds In That Patent Office from

The U.S. Patent Office has learned of a new technological advance called “rss feed” and has instituted the system for the USPTO Systems Status and Availability site a mere 10 years after Netscape started ...

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Recession Not Responsible for Dip in US Patent Filings from

In the popular press there have been a number of stories over the last week or so regarding how the US is losing its edge in innovation as indicated by the drop in patent filings ...

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US Congress Poised to Implement National Innovation Tax from

Earlier this week Mike Drummond, the Editor in Chief of Inventors Digest, authored an article titled US Senate Votes to Leave Patent Office Underfunded for 2010. In this article Drummond explained that over the weekend ...

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Liberalization of Foreign Technology Agreement Policy from

There is good news for the Indian technological industry. The Government of India yesterday (17th Dec), issued a Press Release stating that it has reviewed its foreign technology agreement policy to no longer require government ...

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CAFC Rules Validity of Design Patent Judged by Ordinary Observer Test from

Last year, an en banc Federal Circuit ruled in the seminal case of Egyptian Goddess, Inc. v. Swisa, Inc. that the so-called “point of novelty” test was no longer valid in determining design patent infringement ...

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Applied Energy Loses Home Court Advantage in Trade Secret Case from

Applied Energy Technologies, Inc. (AET) is a Michigan startup that makes racking systems for solar panels. In May of 2009, AET sued Solar Liberty Energy Systems, Inc. (Solar Liberty), a Buffalo, New York solar panel ...

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