Patent & IP news for December 21, 2009

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Patent & IP Blogs

post image Patentable Subject Matter of a Machine that Uses a Mathematical Algorithm from

Ex Parte Gutta (BPAI 2009)(Precedential) In its forth precedential opinion of 2009, an enlarged panel of the BPAI has created a new test for judging whether a claimed machine (or article of manufacture) that ...

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post image "Styriagra" - The curious case of the little blue pumpkin seed pills from

Austrian news site Der Standard recently reported on the next chapter in a curious trade mark dispute between an Austrian pumpkin seed oil producer and pharmaceutical company Pfizer over the use of the mark "Styriagra ...

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post image "Glad" and "comforted" by German decision -- but don't cite anyone else's! from

Friday's ruling of the Court of Appeal for England and Wales in Dr Reddy’s Laboratories (UK) Limited v Eli Lilly and Company Limited [2009] EWCA Civ 1362 doesn't seem to have made ...

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post image Dilution, free-riding, damage and the 'investment climate' from

The IPKat's friend, Advokat Mats Björkenfeldt (Hjalmar Petris Advokatbyrå HB, Sweden) is known to have some strong opinions on various areas of intellectual property law (see earlier IPKat posts here, here and here). Well ...

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Monday miscellany from

Have you booked yet for CLT's Annual Intellectual Property Law Round-Up conference for 2010, which will be upon us on 28 January 2010. The venue is somewhere or other in Central London and IPKat ...

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Location can eat away at the rights of an existing trade-mark from

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. The South African Supreme Court of Appeal ruled on Century City Apartments Property Services CC and the Registrar of Companies and Close Corporations v ...

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China’s Standards And Patent Innovation Proposals: Problems For IPR And Global Trade? from

Although the Standardization Administration of China is trying to balance the requirements of society, which include the rights of individuals, owners of IP and institutional investors to invest in innovation by earning a reasonable fair ...

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Take Two: China’s Proposed Regulations For Patent-Involving National Standards from

All patent policies of standards developing organisations strive to achieve a balance among the valid interests of multiple stakeholders in the standards process. Unfortunately, the Standards Administration of China patent policy proposal fails to strike ...

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Use of Consulting Expert's Report in Infringement Contentions does not Waive Privilege as to Report from

Attaching portions of a report by plaintiff's non-testifying consulting expert to plaintiff's infringement contentions did not waive any privilege applicable to the expert's report. "Contrary to defendants' assertions, plaintiff is not relying ...

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WTO Extends Deadline For Health IP Amendment Acceptance from

The General Council of the World Trade Organization on 17 December agreed to extend a deadline for accepting a proposed amendment to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement by two years. The ...

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BPAI Gets Precedential on 101 from

As I've noted many times over the last year, there has been a severe lack of uniformity coming from the Board of Patent Appeals & Interferences with respect to the application of the machine-or-transformation test ...

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Toyota Slows Hybrid Vehicle Patent Attack as Court Rules “Speed Demands” Limitation Indefinite from

In a previous post, I wrote about patent attorney-inventor Conrad O. Gardner’s patent infringement suit against Toyota Motor Corp. (Toyota). In April 2008, Gardner sued Toyota in federal court in Seattle, accusing the automaker ...

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