Patent & IP news for January 5, 2010

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Patent & IP Blogs

post image Enforcing Contracts between Joint Owners: WARF v. Xenon from

Wisconsin Alumni Research Foundation (WARF) v. Xenon Pharma, Appeal No. 08-1351 (7th Cir. 2010). WARF and Xenon jointly filed for patent protection for a cholesterol lowering enzyme known as Stearoyl CoA Desaturase (SCD). Warf also ...

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post image IP offices, private practitioners and sponsored videos from

A highly-respected member of the patent profession within Europe has penned the following missive to the European Patent Office (EPO). The letter, headed "EPO marketing assistance please", reads as follows:
"Dear Sirs,

I write concerning ...

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post image Refusing to Stay Preliminary Relief Pending Appeal from

Bushnell v. Brunton (Fed. Cir. 2009) Preliminary injunctions are often incredibly important in patent cases. The civil procedure is also fascinating. The appeal of a preliminary injunction often involves three steps. First, an emergency request ...

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The 8 intellectual property enthusiasts to watch from

The 8 intellectual property enthusiasts who not only read but commented on the New Year's Eve post were (in order of receipt).

Trevor Cook (47 minutes after the post published) - Trevor is of course ...

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Is Section 3 (d) Jeopardizing Innovation? from

Section 3(d) is a great piece of legal provision, carefully drafted to negate patent protection for trivial and obvious improvements, in general, made to already known pharmaceutical/chemical substances. Notably, wording of section 3 ...

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Working of Patents: Public Notice Issued by Patent Office to Patentees and Licensees from

The Controller General of Patents has issued a notice under Section 146 of the Patents Act, 1970 which empowers the Controller to issue a notice in writing requiring patentees or licensees (both exclusive and non-exclusive ...

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Stay Pending Reexam Denied Because a Stay Would Result in "More Significant" Prejudice Given the Court's Overall Speed in Disposing Patent Cases from

Defendant's motion to stay pending inter partes reexamination was denied. "[T]he average pendency for an inter partes reexamination is 41.7 months. . . . [Defendant] is correct, of course, that some courts have granted stays ...

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IP Industry Greets New Year With Staff Changes from

Two separate trade associations this week announced leadership changes to kick off the New Year. The International Trademark Association (INTA) named its 2010 president on 1 January. Heather Steinmeyer, lead counsel for intellectual property at ...

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NUJS hosts the 1st Subrata Roy Chowdhury Memorial Essay Writing Competition from

National University of Juridical Sciences, the Society of International Law and Practice (SILP: a student-run academic society within the university) and the NUJS-ILSA Chapter (the network of NUJS students who are also a part of ...

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Civil Law Reform Bill: latest news from

Last December the United Kingdom's Ministry of Justice published a consultation paper which invited comments on the draft Civil Law Reform Bill. Among the other things covered by the Bill are changes to the ...

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Ghost-writing run amok from

Back in 2004, when the Ogletree and Tribe plagiarism matters were in the news, SARA RIMER wrote in the New York Times:

After Professor Tribe, one of the nation's leading constitutional law scholars, publicly ...

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Patent angles in the fraud of Jan Hendrik Schon from

In the case of the fraud of Jan-Hendrik Schon, Bell Labs was quick to withdraw Schon's patent applications, which were pulled long before Schon's papers were.

Patent applications of other workers at Bell ...

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Looking For Guest Bloggers from

Many readers of Patent Baristas may have noticed that the site has been “off-line” for a bit. With my deepest apologies, I have found myself in the midst of a family emergency that is requiring ...

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Job Openings for IP Professionals in Mumbai from

Two job openings for IP Professionals in Mumbai, as described below.

If interested, please write with a copy of your CV to spicyipjob[at]

Senior Manager Legal - IP Enforcement

Required Qualification ...

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Fair comments on "Fake Drugs" ? from

Recently, two analysts from International Policy Network, London wrote a piece entitled "Fake scare about Fake drugs" alleging that claims of 'over-protection of intellectual property rights' and at the same time, 'not protecting patients interests ...

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Apple's US 20090303231 from

Gus Sentementes at the Baltimore Sun pushes US published application 20090303231 as showing technology which might be in the iTablet.

Claim 1:

A computer-implemented method, comprising:

at a portable electronic device with a touch screen ...

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Praying the Supremes Get Bilski Right in 2010 from

Yesterday I published my Patent Wishes for 2010. Those things identified were largely industry wide wishes or desires and did not focus on any particular category or classification of invention. I wrote about how the ...

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Cease and desist letters from

Once a patent issues, the patentee has a right to demand that others infringing on the claimed invention stop using, selling, offering for sale, manufacturing and importing the claimed invention into the United States. While ...

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Is a Re-Brand of the Canadian Trade-marks Act Imminent? from

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. CIPO’s Consultation In an effort to maintain “a modern and efficient trade-marks regime ...

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BPAI: Reissue Not Available When Narrowing Contains All Original Patent Claims from

Ex Parte Tanaka, Appeal No. 2009-000234 (BPAI, December 9, 2009) (Precedential)

When filing for a reissue,  there are two distinct statutory requirements that a reissue oath or declaration must satisfy under 35 U.S.C ...

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