Patent & IP news for January 12, 2010

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Patent & IP Blogs

post image USPTO To Begin Re Calculating Patent Term from

The USPTO has posted a notice acknologing the Federal Circuit’s decision in Wyeth v. Kappos and indicating that the Justice Department will now determine whether to seek an en banc rehearing or petition for ...

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post image New Article - patent harmony in Europe from

With a stroke of the pen and a slight flourish, the UK Court of Appeal has put to rest 80 years of law in the latest round of the global Olanzapine dispute.

Say goodbye to ...

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post image India to lead efforts in negotiating protocol on Access and Benefit Sharing from

Of late the print media has featured several stories of India taking up a leadership position in Biodiversity Conservation. A recent press release has stated that India will be spearheading the developing country perspective in ...

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post image EU pharma originators v generics: the latest news from

A couple of hours ago the news broke ("EU regulator demands patent papers in pharma probe") that the European Commission has demanded today to see a "selected number" of patent dispute settlements reached by pharmaceutical ...

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Loss of Market Share and "Sole Provider" Status Warrant Permanent Injunction Even Where Defendant Ceases Production of the Infringing Product from

The court granted plaintiff's motion for a permanent injunction in light of eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391 (2006), even though defendant had ceased manufacturing the infringing product ...

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Reconsidering Divided Infringement from

Centillion Data Systems, LLC v. Quest Corp., Appeal No. 2010-1110 (Fed. Cir. 2010)(now on appeal). Centillon's patent No. 5,287,270 covers a system used to present user-specified pre-processed summary reports of billing ...

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Reinventing the Patent System from

IBM, a world leader in obtaining patents, is also working to reinvent the way we do patents. "Reinventing the Invention System" is an article by IBM about the issues of patent quality and innovations such ...

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Foreign Applicants Majority For 2nd Straight Year; IBM Approaches 5K Patents for 2009 from

IFI Patent Intelligence released their 2009 patent report, where the company found that U.S. corporations received 49 percent of all U.S. utility patents issued in 2009 with the remainder going to foreign firms ...

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USPTO Calculations For Patent Term Adjustments Have Been Wrong from

The U.S. Patent and Trademark Office (USPTO) has been erroneously calculating the periods of patent term adjustment for PTO delays in issuing patents, the U.S. Court of Appeals for the Federal Circuit held ...

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Old Issues but New Tricks: China uses the UNESCO Cultural Diversity Convention in a WTO dispute from

Nicole Aylwin is a Ph.D. Candidate in the Communication and Culture Graduate Programme at York University. This past December the World Trade Organization appellate body ruled against China in a dispute with the United ...

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Mandamus to effect venue change rejected in VTech from

VTech failed to escape ED Texas.

Important text:

The use of mandamus power to correct an erroneous denial of transfer has been
approved under Fifth Circuit law, which applies here. See, e.g., In re ...

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Kappos on framing the question in a more positive way from

From the Inventors Digest interview with David Kappos, in the area of whether Kappos would do the bidding of large companies, such as his former employer IBM:

To frame that question in a more positive ...

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2010 Conference on Entrepreneurship, Innovation and Commercialization of Intellectual Property from

IP Osgoode and the Hennick Centre for Business and Law are presenting a unique half-day conference on February 11, 2010. It will feature experts who will discuss obstacles and opportunities for entrepreneurs and innovators who ...

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Masnick on VCs and an independent inventor defense from

from Masnick and TechDirt on 12 Jan 2010:

Seeing as we were just talking about claims from a patent attorney that no legitimate VCs can be against software patents, it's good to see that ...

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