Patent & IP news for January 22, 2010

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Patent & IP Blogs

post image Omitting Step in Process Does Not Expand Claim to Cover Use Nothing Like That Described as Integral to Invention from

Catch Curve, Inc. v. Venali, Inc. (Fed. Cir. Jan. 22, 2010) (nonprecedential)

In the case the Federal Circuit affirmed the district court's order granting summary judgment of noninfringement of patents relating to the transmission ...

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post image When Proprietary Harry Meets Generic Sally from

I recently had lunch with a UK colleague with a distinguished background in patent litigation matters, in general, and pharmaceutical-related litigation, in particular. During the conversation he confirmed my understanding that, as far as client ...

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post image Friday fantasies from

Have you got the Friday habit? Today's the day for checking what's been listed on the sidebar under Forthcoming Events -- so do take a peep or two.

If you're in Central London ...

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post image BPAI: No New Arguments (or Nuances) in BPAI Reply Brief Without Good Cause from

Ex parte Nakashima (BPAI 2010); Ex parte Borden (BPAI 2010) Two recent expanded-panel BPAI decisions both consider the situation where a patent applicant presents arguments in a reply brief even though the arguments could have ...

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post image Vexed Fax from

Catch Curve owns a family of five fax patents, the parent of which is 4,994,926. The patents "patents focus on the use of a computer-based device known as a 'store and forward facility ...

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Burrow fails to Crush Digital Media from

How pleasant to write about something which contains the word "Digital" but lacks the word "Economy". On Wednesday, Mr Justice Norris (Chancery Division, England and Wales) gave his ruling in Burrows v Smith, Crush Digital ...

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The state of prosecution at the US Patent Office from

Within a post titled Professionalism, the just-n-examiner blog recounts an incident wherein an examiner gave a "Notice of Non-Compliant Amendment" for a missing period (apparently covered over by an underline) on an amended claim and ...

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Apple patent application for avoiding parking tickets from

IPBiz has discussed some of the "less than groundbreaking" patent applications of IBM and Microsoft. On January 21, 2010, Apple's US 20100017118 was published, with first claim

A method relating to implementing location aware ...

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When 'genuine' isn't 'genuine' from

Fresh off the press from the IPKat's deeply-appreciated old friend Professor Charles Gielen (NautaDutilh) comes a newsflash concerning a ruling last Friday from the Benelux Office for Intellectual Property ("BOIP") that the use of ...

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Delay of Five to Seven Years Does Not Create Undue Prejudice Sufficient to Deny Stay Pending Reexam from

In granting defendant's motion to stay pending reexamination, the court rejected plaintiff's argument that it would be prejudiced by a 2-3 year stay and a 3-4 year appeals process. "'[T]he prejudice claimed ...

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Recent Cyber Attacks Demonstrate the Power of Malware from

A recent series of cyber attacks, appearing to originate from China, have demonstrated how powerful malware can even compromise high technology companies. As referenced in a recent San Jose Mercury News article (link available HERE ...

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Democratizing data from

See AP report Government posting wealth of data to Internet. Remember when President Clinton's USPTO head fought the creation of a USPTO database?

Does anyone remember the efforts of Carl Malamud to create the ...

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Editorial Article: The Role of Diversity in Selecting the Next Nominee for the Federal Circuit from

In the newest Patently-O Patent Law Journal article published today, Gregory Landis and Loria Yeadon discuss the role of ethnic diversity in the process of choosing upcoming nominees for the Court of Appeals for the ...

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Absolutely Ridiculous. from

JW Note: Wow. Disturbing. Via the Just-n-Patent Examiner blog, which in turn was relaying an earlier message from Greg Aharonian of the Internet Patent News Service concerning a note that a frustrated attorney had sent ...

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Indian pharma sector "fares well" in US disputes from

India's Financial Express reports ("Domestic pharma cos fare well in patent litigation tests") on the pharma patent litigation success rates of India's leading pharmaceutical companies in US litigation over the past decade. Lupin ...

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Film Industry Head Glickman Leaves To Head Refugee Organisation from

Motion Picture Association of America head Dan Glickman is moving from protecting intellectual property rights to protecting the rights of displaced people worldwide. Glickman announced today he will leave his position as chairman and CEO ...

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Monsanto whacks DuPont on stacking issue from

TheTruthOnTheMarket blog noted of Monsanto's victory over DuPont in ED Mo:

But the ruling did support Monsanto in its basic case which centers around the field-of-use restriction described above. And on this issue the ...

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Fax machines, here today, or already gone? from

Don't tell the New Jersey Court System, but the Huffington Post declared fax machines one of twelve things that became obsolete in the past decade. You can fax the courts in Trenton, but you ...

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Invent Help Sues IPWatchdog Alleging they are Not a Scam from

I learned earlier today that IPWatchdog, Inc. has been sued by Invention Submission Corporation (dba Invent Help) in the United States Federal District Court for the Northern District of New York. The complaint was filed ...

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Santa Clara Law Journal to Hold Clean Tech Symposium from

The Computer and High Technology Law Journal (CHTLJ) at Santa Clara University School of Law is hosting a symposium next week on legal issues in clean technology, including a panel discussion on international IP issues ...

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Patent blogger sued by invention promoter from

Patent blogger Gene Quinn of was sued yesterday by invention promotion company InventHelp. Gene wrote a post on his blog entitled “Invent Help Sues IPWatchdog Alleging they are Not a Scam” which has ...

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