Patent & IP news for February 16, 2010

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Patent & IP Blogs

post image LVMH v eBay: it's in the bag! from

The latest chapter of the “Brand Owners v Counterfeiters” saga seems again to be playing out in favour of brand owners, with last week’s decision of a Paris District Court holding eBay responsible for ...

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post image Filing trademarks from the beach - what would google do? from

Are you actively playing according to the new, disruptive rules of the internet, or clinging to the old ones?

To get some insight, read 'What would google do' - a thought provoking book by Jeff Jarvis ...

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post image Patenting a method of treatment by surgery: the EPO rules from

The IPKat is excited to report that the decision of the Enlarged Board of Appeal of the European Patent Office in Case G 1/07 (MR methods for imaging pulmonary and cardiac vasculature and evaluating ...

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post image Google Book Search and Indian Copyright Law: An Inflammatory Idea? from

Those of you tracking the latest copyright news might have noted that the Indian Reprographic Rights Organisation (IRRO), a book publishers association, has strongly protested the ongoing Google Book Search (GBS) settlement terms in the ...

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post image Late-stage amendments: a success for Servier from

Back in 2008, in Les Laboratoires Servier and another v Apotex Inc and others [2008] EWHC 2347 (Ch) (noted here by PatLit), Mr Justice Norris gave a ruling which attracted much interest and some critical ...

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post image Owning and controlling IP: another event, another competition from

There's a conference coming up on 10 May under the title "Ownership and Control of IP Rights". With a London venue and a stellar cast, it should be fun. It's also a slightly ...

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post image Court Rejects "Repair" Defense, Presumes Irreparable Harm For Preliminary Injunction from

2010-1146 BorgWarner v. Dorman Products ED/MI 09-cv-11602 Judge John Corbett O'Meara Dorman appeals from the preliminary injunction order entered against it by Judge O'Meara stopping sales of its regenerative air pumps, used ...

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post image Dear Patent Attorney and Patent Agent: Consider Joining to the PTO from

The following letter has been sent to many patent attorneys and patent agents asking them to consider joining to the USPTO as an examiner. * * * * * February 5, 2010 Dear ______ Deputy Under Secretary Sharon Barner and...

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USPTO Solicits Public Comment on Information Collection from

By Sarah Fendrick -- As part of its effort to reduce paperwork, the U.S. Patent and Trademark Office is seeking public comment on its current continuing information collection systems. The first information collection system includes ...

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FTC Disapproves of "Pay-for-Delay" Drug Deals from

By Kevin E. Noonan -- Last month, the Federal Trade Commission released a report about so-called "pay for delay" arrangements, agreements between branded pharmaceutical companies and generic drug companies that delay entry of generic versions of ...

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Delay Filing Suit and Failure to Seek Preliminary Injunction Negate Claim of Prejudice from Stay Pending Reexam from

In granting defendant's renewed motion for a stay pending reexamination, the court rejected plaintiff's claim that "it will be irreparably harmed if a stay is granted because [defendant] continues to release products that ...

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And what about juries for patent trials? from

Within an LA Times article by Carol J. Williams:

In this time of double-digit unemployment and shrinking benefits for those who do have jobs, courts are finding it more difficult to seat juries for trials ...

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Recent News from IP Australia from

IP Australia, the intellectual property office of Australia, has issued a number of news announcements in February, 2010, relating to various IP matters. The general news page (entitled "What’s new," available HERE), is routinely ...

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Building on manufacturing strengths from

A couple of recent newspaper stories on manufacturing caught my attention regarding what may be the future of manufacturing in the US. There is this story in the New York Times (Detroit Auto-Parts Suppliers Branch ...

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"Never inaccurate, even when we plagiarize" from

One common thread between the Kouwe plagiarism at the New York Times and the Posner plagiarism at the Daily Beast is an assertion that the stories were accurate. The problem is that slavish copying of ...

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E-Health Records Symposium from

Dr. Patricia Hughes has been the Executive Director of the Law Commission of Ontario since September 15, 2007, and is an ex-officio member of the LCO Board of Governors. On January 28, 2010, the Law ...

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Is competition conducive to ethical behavior? from

from the Supreme Court case NATIONAL SOC. OF PROFESSIONAL ENGINEERS v. U.S., 435 U.S. 679 (1978), speaking of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS:

By the same token, the cautionary footnote in Goldfarb ...

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Non-Traditional Trademarks from

Trademarks have been in existence since as early as 5000 B.C. Humans have an unmistakable desire to use marks to designate ownership- either as property owner or as manufacturer. It is probable that primitive ...

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Appealing BPAI Rejections in Ex Parte Reexaminations from

I have to admit some prior confusion as to the rules governing appeals from adverse BPAI decisions during an ex parte reexamination. My confusion stems from three potentially conflicting provisions in the Patent Act. 35 ...

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Substantive Changes in Rule 26 on Track for Adoption in 2010 from

The following is excerpted from an article by Charles S. Fax, Litigation News Associate Editor, in the Winter 2010 print issue of the ABA Litigation News (public link to article appears defective, membership required to ...

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

Brandon Evenson is a 2010 JD Candidate at Osgoode Hall Law School. On February 11, 2010, IP Osgoode and the Hennick Center for Business and Law hosted their second conference on Intellectual Property, Innovation and ...

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A Method to Spur the Economy Comprising Cutting Taxes: Obviously Non-obvious and Patentable Inventions Part II from

Picking up on this theme and focusing on things that at first glance seem incredibly obvious but must not be at all obvious given that those who are exceptionally smart can't figure them out ...

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