Patent & IP news for January 28, 2010

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Patent & IP Blogs

post image IP Update Conference: some comments from

Speaking first at the CLT Intellectual Property Law Conference this morning, Trevor Coook (Bird & Bird) opened with a review of global developments. He mentioned that the World Intellectual Property Organization (WIPO) currently seemed a good ...

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post image When Harry Met Sally: The Propietary/Generic Courtship Continues from

I want to add a sequel to my "When Proprietary Harry Met Generic Sally" post of earlier this week, here. The bad news, for all of you who worship this movie icon, is that there ...

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post image Okay Jurassic Jelly's design trophy in Delhi HC from

Design matters don't come up frequently enough, but when they do, they offer immense entertainment, like the case I report on today.

"No application of mind" by Design Registry

In his December 2009 order ...

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post image What Does a Patent Examiner Do with 900+ References? from

Recently issued patent number 7,651,688 is not too remarkable. Its three claims cover an "antibody composition" with a particular arrangement of "sugar chains." The oddity is that the first 10-pages of the patent ...

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post image Subscribe: Daily E-Mail from Patently-O from

Almost 20,000 patent practitioners have subscribed to the free daily Patently-O e-mail. Each night, the e-mail software (FeedBurner) collects the most recent blog posts and sends them out to the e-mail list. Some folks ...

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post image "Faster and Cheaper?" from

In "Faster and Cheaper? A Current View of IP Litigation Reform", PatLit team member Michael Burdon gave his audience at CLT's Annual IP Conference at Holborn Bars today a very upbeat message concerning the ...

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District court errs on law of anticipation, but result stands from

In THERASENSE v. Becton , the CAFC wrote:

For a claim to be anticipated, each
claim element must be disclosed, either expressly or inherently, in a single prior art
reference, and the claimed arrangement or combination ...

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IP and the planet - save your logo looks good from

These logo's don't themselves need saving, but the animals they depict often do.

Corporates the world over rely on images and words associated with the natural world for their brands.  There's LaCoste ...

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Obama mentions innovation in "union' speech, but not patents from

In the state of the union speech on Jan 27, 2010, President Obama noted of innovation:

Next, we need to encourage American innovation. Last year, we made the largest investment in basic research funding in ...

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ITC Finding of Noninfringement Warrants Summary Judgment of Noninfringement in Parallel Lawsuit from

In granting defendant's motion for summary judgment of noninfringement, the court rejected plaintiff's argument that "the Federal Circuit’s decision [upholding the ITC's findings of noninfringement] and factual findings are not binding ...

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Apple Receives iPad Patent on Eve of Launch Date from

On Wednesday, Apple Inc. launched its anticipated iPad handheld device, which appears to have the functionality of an iPhone and more with nearly a ten inch screen. The day before, however, is also notable as ...

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PTO BPAI Roundtable from

BNA (subscription service) is reporting on the BPAI Roundtable held on January 20. The primary discussion concerned the new appeal brief rules. PTO Deputy Director Sharon Barner and the BPAI’s Chief Administrative Patent Judge ...

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USPTO Issues Guidance on Patentability of Computer Readable Media from

Yesterday the USPTO published a guidance memo regarding patentability of computer-readable media (i.e., software patents). The USPTO has rejected many claims directed to computer-readable media if the claim could be broadly interpreted to cover ...

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Prosecution Laches and Inequitable Conduct: Cancer Research Tech. v Barr Labs. from

A fellow patent attorney (who wishes to remain anonymous) called my attention to a recent decision issued by Judge Sue L. Robinson of the Delaware District Court. Cancer Research Technology et al. v Barr Laboratories ...

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Catch-22 as to FOIA request in ClimateGate? from

The refusal to provide data by Jones et al. was a breach of FOIA, but no prosecution will follow. From the TimesOnLine:

In a statement, Graham Smith, Deputy Commissioner at the ICO [Information Commissioner’s ...

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Inequitable Conduct Based on Contradictory Statements to the EPO (in a non-family member application) from

Therasense, Inc. (Abbott) v. Becton, Dickinson and Co. (Fed. Cir. 2010) (Case No. 2009-1511) This detailed 67–page opinion includes several important issues. This post focuses on inequtiable conduct. The Federal Circuit recently released a ...

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Toyota Wins Summary Judgment in Hybrid Patent Litigation from

This case comes to light courtesy of the Docket Report daily e-mail newsletter. On Tuesday, January 26, 2010, the United States Federal District Court for the Middle District of Florida, per Magistrate Pizzo, granted summary ...

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Attorney Delinquence Excuses 7-Year Delay in Reviving Expired Patent from

SprinGuard Technology Group Inc. v USPTO, No. 08-12119 (D. Mass., January 21, 2010, Order)

SprinGuard brought an action under the Administrative Procedure Act (“APA”) to seek judicial review of decisions of the Director of the ...

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