Patent & IP news for January 19, 2010

Patent Litigations

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Patent & IP Blogs

post image Scan This from

"Believe it or not, in our patent office -- now, this is embarrassing -- this is an institution responsible for protecting and promoting innovation -- our patent office receives more than 80 percent of patent applications electronically, then ...

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post image Challenge: When does this patent expire? from

"I returned a bag of groceries accidentally taken off the shelf before the expiration date." -TMBG To those of you who weren't persuaded by earlier posts that determining a patent's expiration date may ...

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post image Design Patent Rejections from

Most utility patent applications are rejected at least once on either anticipation or obviousness. Design patents are different. As part of a larger project, I combed through 1049 file histories of design patents that issued ...

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post image Changing the game in pharma patent strategy from

Just don’t read any further unless you're deep in to pharmaceuticals.
For those who are still reading, every now and then there’s a case or two that we just can’t help ...

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post image How do you quantify loss of goodwill in the right to use a generic term? from

What happens when the owner of a well-established brand (SMIRNOFF) as used in relation to a generic product (vodka) succeeds in an 'extended passing-off'' action against a defendant whose product is branded (VODKAT) in such ...

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post image Breaking news: Vodkat falls foul of extended passing-off from

A swiftly-issued release from Rouse Legal gave the IPKat the news that the sale of a non-vodka product as Vodkat was a form of extended passing-off. So held Mr Justice Arnold this morning in Diageo ...

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post image Alive but not kicking: is economics IP's favourite bedfellow? from

Are intellectual property law and economics locked into an eternal collision course, or are they actually best friends? Readers may wish to (i) reinforce their prejudices or (ii) do an elegant volte-face after reading this ...

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post image Southern California Wins Trademark Battle with South Carolina from

SC v. SC (Fed. Cir. 2009) The University of South Carolina (Carolina) was founded in 1801 and is the flagship public university of the state. The University of Southern California (Southern Cal) was founded in ...

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Patently-O Bits and Bytes No. 312 from

Bruce Pokras recently made available his "Family-izer 2.4.1" web version. The free web-based software uses the EPO's INPADOC patent family database to group a list of patents into "families." This becomes quite ...

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Bend or break? from

Note the conference at UCal/Irvine on 22 Jan 2010 titled: Bend or Break: Tailoring the Patent System to Promote Innovation.

Keynote Speaker is Hon. Randall Rader. Panelists include Dan Burk, Colleen Chien, Rebecca Eisenberg ...

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Attorneys' Fees Denied in "Arguably" Exceptional Case Due to "Sloppy" and/or "Misleading" Motion from

Although defendant arguably established that the case was exceptional, the court denied defendant's motion for attorneys' fees because defendant's motion was "[a]t best . . . rife with error and extremely sloppy; at worst . . . misleading ...

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Conan O’Brien Wants to Keep His IP from

We have all been reading and hearing about the recent NBC shakeup regarding Jay Leno and Conan O’Brien, and now we have an interesting intellectual property ownership twist. Aside from the many millions of ...

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Smelly Rights: Copyright in Perfume from

How many times have we woken up to the smell of piping hot coffee? Flowers from the garden? The smell of mud after first rains? The smell of nature? The smell of home-cooked meals. It ...

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Do entrepreneurs hate patent lawyers? from

A comment by LBE to the IAM post titled: Why are lawyers disliked by entrepreneurs?

If you're talking about venture capitalists, etc., either you've been talking to the wrong VCs, or more likely ...

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Pfizer sues Teva for Zyvox Patent, Eyeing Ratiopharm Acquisition from

Pfizer Inc. has filed a civil suit against the generic drug manufacturer Teva Pharmaceutical Industries Ltd. for infringement of US patent for antibiotic drug Zyvox. The lawsuit was filed on January 15 in the US ...

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Pharma LItigation Study - Generic Challenges are Many, Successes Few from

RBC Capital Markets released a very interesting study on patent litigation in the pharmaceutical industry by analyzing more than 370 cases filed over the last 10 years.  The study concludes that there is "very little ...

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WTO Adopts Appellate Body Report On US-China Film Distribution Dispute from

China is expected to implement changes that will allow foreign distributors to import audiovisual entertainment products in China without trade being narrowed by state-owned channels after it lost its dispute case against the United States ...

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Google Book Search and the Future of Books in Cyberspace from

Pamela Samuelson is the Richard M. Sherman ‘74 Distinguished Professor of Law and Information at the University of California at Berkeley. Professor Samuelson has a new article available on SSRN, “Google Book Search and the ...

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UCB moves to the Delhi High Court against Cipla & IPO from

Press Trust of India (PTI) reported that Global Biopharma major UCB Farchim yesterday approached the Delhi High Court against the Indian generic manufacturer Cipla and the Indian Patent office over rejection of its patent for ...

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The Good, the Bad and the Ugly: Recent Canadian Bankruptcy Legislation Amendments and Their Impact on Intellectual Property Licensing from

Lorraine Fleck is a Toronto, Canada lawyer and trade-mark agent who practices advertising and marketing, information technology, intellectual property and packaging and labeling law at Hoffer Adler LLP. The Bankruptcy and Insolvency Act (BIA) and ...

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Google Seeks Patent on YouTube Video Advertisements from

Last week a US Patent Application No. 20100010893 published detailing an invention relating to digital advertising, and more particularly to creating video overlay advertisements suitable for use with digital videos. The owner is Google and ...

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Jan. 8 issue of Science: another problematic paper uncovered? from

Bruce Alberts presented an "editorial expression of concern" about a paper published at 326 Science 252, observing "serious questions have been raised about the methods and data presented in the article. [327 Science 144 (8 ...

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New Jersey Supreme Court protects social security numbers from

In the case Burnett v. County of Bergen, 198 N.J. 408; 968 A.2d 1151 (N.J. 2009), the New Jersey Supreme Court wrote of access to public records:

The Open Public Records Act ...

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