Patent & IP news for February 17, 2010

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Patent & IP Blogs

post image SpicyIP Is Looking for New Bloggers from

SpicyIP is in dire need of some fresh thinking on Indian IP, enthusiasm and of course, spice. If you're interested in joining the team, would you please email me at shamnad [at] ...

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post image Forgery And Litigation Misconduct Doom Patent, Trigger Sanctions from

2010-1149 Applied Materials v. Multimetrixs ND/CA 06-cv-7372 Judge Marilyn Hall Patel Defendants appeal from the orders of Judge Patel finding their patent, 6,831,287 unenforceable due to inequitable conduct before the PTO and ...

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post image Reversing the burden of proof: some work in progress from

Aaradhana Sadasivam (KhattarWong, Singapore) has written to PatLit as follows:
"Recently I was researching the provisions concerning the reversal of the burden of proof in diffrent jurisdictions and, to my surprise, I found that the ...

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post image If for once the French want to speak English... from

... the Enlarged Board of Appeal (EBA) does not allow them to. On 16 February, the EBA announced its decision in the case G 04/08 (language of the proceedings). The facts were as follows: the ...

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post image Two bites and you're out from

Readers with good memories may recall the decision of Mr Justice Warren (Patents Court, England and Wales) in Actavis v Novartis [2009] EWHC 41 (Ch) (noted briefly by the IPKat here) concerning the validity of ...

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post image "Patent Marking Police" Out in Full Force from

As predicted by myself and Hal Wegner in our recent article, "the year 2010 will see the continued renaissance of the newly created ad hoc 'patent marking police.'"  In the roughly 50 days since the ...

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post image Wednesday whimsies from

The IPKat's friend Peter Groves tells him that he has spent some time over the past few years compiling a dictionary of intellectual property. Says Peter the Lexicographical Lawyer:
"I believe I've spotted ...

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post image Problem-Solution Approach: ur doin it wrong from

This particular Kat was busy digesting the Court of Appeal's decision in Actavis v Novartis when another part of the IPKat commented on it here.  Some comments have already started to arrive about what ...

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Disqualification of Counsel in Patent Case Requires "Factual Analysis," Not "Automatic Disqualification Rule" from

The court sustained defendants' objection to the magistrate judge's order disqualifying their counsel. "[P]atent cases are more likely to involve intensely complex, specialized issues that require experienced, knowledgeable counsel, and mandatory disqualification may ...

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Contradictory Court Rulings, Continuing Tension On Internet Liability In EU from

In its 2010 digital music report, the International Federation for the Phonographic Industry (IFPI) said that despite the availability of 400 legitimate online music offerings worldwide and significantly higher 2009 revenues, the music sector remains ...

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SNOOKI, THE SITUATION, and DJ PAULY D - It Was Bound To Happen from

As recently highlighted by The Smoking Gun (article link HERE), Nicole Polizzi, aka "Snooki" of Jersey Shore fame, has filed an intent to use U.S. Trademark Application for the mark SNOOKI. This application (serial ...

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Finding and Other References Cited in US Patents from

For those new to patent searching, here's a quick example of how to see what issued US patents are citing publications, or other references. Yes, the PTO is increasingly turning to IP ...

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Why use experts? An expert explains from

At last week's IP Finance-supported seminar on Funding and the Fortunes of Intellectual Property, hosted and organised by Hardwicke, I asked speaker Elizabeth Gutteridge (Partner, Forensic & Dispute Services, Deloitte LLP) if she could give ...

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International PCT Filings Dropped in 2009 from

WIPO has announced that PCT filings were down 4.5% in 2009 compared to 2008. This comes on the heels of 2008, when PCT filings grew at a much smaller rate than prior years. WIPO ...

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PRE Holding v. Monaghan - Dismissed Without Prejudice After Reexamination Granted from

The following is excerpted from a February 1, 2010 post by Andrea Warmbier at the IP Litigation and The Rocket Docket blog: PRE Holding, Inc. v. Monaghan Medical Corporation was dismissed without prejudice pursuant to ...

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Does a Career at the USPTO Speak to You? from

The USPTO has recently launched a targeted effort to recruit Examiners. Per this announcement at the USPTO: Work for the largest Intellectual Property Rights Firm in the United States – United States Patent and Trademark Office ...

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The Companies Most Pursued by NPEs from

PatentFreedom has identified and profiled over 315 distinct NPEs and claims that, since 1985, these NPEs have been involved in litigation with nearly 4,500 different operating companies in over 3,100 distinct actions. Furthermore ...

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Google Books Patent Suggests Copyright Friendly Censorship from

In this patent Google gives us a glimpse at the possible future of Google Books, which can censor books it serves based on the copyright laws of the location from which you access the Internet ...

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