Patent & IP news for February 18, 2010

Patent Litigations

  • No new litigations this day!



Patent & IP Blogs

post image An Empirical Study of the Role of The Written Description Requirement in Patent Prosecution from

[Download the Draft Essay] In the pending case of Ariad v. Eli Lilly, an en banc Federal Circuit is considering whether Section 112 of the Patent Act as properly interpreted includes a written description requirement ...

Share via E–mail | Twitter | Facebook

post image Aamir Khan vs Javed Akhtar: India's Revolutionary Copyright Provision from

The media is abuzz with rumours of a clash between noted lyricist Javed Akhtar and leading cine star Aamir Khan over the recent copyright bill.

It all began with the Hon'ble Minister for Human ...

Share via E–mail | Twitter | Facebook

post image The Timeliness of the En Banc Rehearing of Hyatt v. Kappos from

The pending en banc case of Hyatt v. Kappos is more important now than ever before because the Board of Patent Appeals and Interferences (BPAI or Board) is deciding more appeals than ever before. The ...

Share via E–mail | Twitter | Facebook

post image Scratch that assumption - industrial applicability really does have teeth from

For those dealing with patents, here's something to study closely. 

A patent for a Neutrokine-alpha protein invalidated for lack of Industrial Applicability.

Far reaching implications to say the least.  The number of times that ...

Share via E–mail | Twitter | Facebook

post image Federal Circuit Finds Harmless Error in Submitting Claim Construction to the Jury from

Alloc, Inc. v. Pergo, Inc. (Fed. Cir. Feb. 18, 2010) (nonprecedential)

In a puzzling case where the trial court had referred claim construction to the jury, the Federal Circuit affirmed the district court's findings ...

Share via E–mail | Twitter | Facebook

post image RSA Budget Speech - some IP implications from

Yesterday, RSA's new finance minister - Pravin Gordhan - delivered his 2010 Budget Speech. With the help of a useful summary of the speech from Moneyweb, this blogger considers some of the IP implications below:

Share via E–mail | Twitter | Facebook

post image Relatively Stiff from

Yousef Daneshvar filed a patent application claiming : "an apparatus for dressing a wound. The invention features a 'relatively stiff support' that is secured over the wound using one or more 'relatively stretchable straps.'" The BPAI ...

Share via E–mail | Twitter | Facebook

Hyatt gets en banc review at CAFC on evidence issues! from

From the CAFC order of 17 Feb. 2010, the issues to be decided en banc:

(a) Are there any limitations on the admissibility of evidence in section
145 proceedings? In particular—

(i) Does the Administrative ...

Share via E–mail | Twitter | Facebook

Myhrvold's " The Big Idea: Funding Eureka! " in March 2010 HBR from

The Harvard Business Review, which brought you Plagiarize with Pride, has an article by Nathan Myhrvold of Intellectual Ventures in the March 2010 issue.

Included in the Myhrvold text:

The lessons we have learned so ...

Share via E–mail | Twitter | Facebook

Appealing a BPAI Rejection: Can the Applicant Present New Arguments and New Evidence to the District Court? from

Hyatt v. Kappos (Fed. Cir. 2010) The Federal Circuit has ordered an en banc rehearing of its August 14 decision. The appeal focuses on evidentiary and procedural limits of an appeal of a BPAI decisions ...

Share via E–mail | Twitter | Facebook

Biotech/Pharma Docket from

By Suresh Pillai -- Court Denies Bid for Bench Trial in RNAi Patent Suit The U.S. District Court for the District of Massachusetts has denied the bid of defendants Whitehead Institute for Biomedical Research, the ...

Share via E–mail | Twitter | Facebook

V Bhaskar Joins DIPP, the nodal IP agency in India from

The Department of Industrial Policy and Promotion (DIPP), the nodal agency in charge of Indian intellectual property, has been blessed with a new face, namely that of V Bhaskar, an IAS officer from the Andhra ...

Share via E–mail | Twitter | Facebook

Panel discussion on graduated response raises key issues from

George Nathanael is a JD Candidate at Osgoode Hall Law School. On January 27 in Washington, D.C., the Advisory Committee to the Congressional Internet Caucus held their annual State of the Net Conference. One ...

Share via E–mail | Twitter | Facebook

Poll shows public discontent with SCOTUS decision in Citizens United from

Note the story on the Citizens United decision of the Supreme Court: Left and right united in opposition to controversial SCOTUS decision, which includes the text:

A new Washington Post-ABC News poll finds ...

Share via E–mail | Twitter | Facebook

Plaintiff Not Required to Limit Number of Asserted Claims from

Defendant's motion to limit the number of plaintiffs' claims was denied. "Defendant contends that it is suffering prejudice because Plaintiffs have refused to cull the number of claims they are pursuing prior to the ...

Share via E–mail | Twitter | Facebook

Thoughts on financial innovation from

As work continues on financial reform legislation (see for example today's New York Times story), one of the elements that is still a hotly discussed issue is some form of review of financial innovations ...

Share via E–mail | Twitter | Facebook

Federal Circuit to Look at Admissibility of New Evidence for BPAI Appeals from

Hyatt v. Kappos, __Fed.App.__ (Fed. Cir. 2010)(en banc)(order)

Hyatt filed for an application in the USPTO that was rejected for lack of adequate written description and lack of enablement, among other ...

Share via E–mail | Twitter | Facebook

And a positive financial innovation -- from government from

And speaking of financial innovations, here is an example of a recent one -- created by the government. David Wessel's column in the Wall Street Journal (A Stimulus '09 Success Story) explains how this innovation ...

Share via E–mail | Twitter | Facebook

The Ice Loop from

My firm, Ice Miller LLP, has recently launched The Ice Loop, a blog focusing on the Internet, technology, and various social media aspects of the law. This blog, maintained by the firm’s Internet, Technology ...

Share via E–mail | Twitter | Facebook

Recent IP Official Appointment and Increasing Respect for IP from

In a previous post, we reported the recent appointment of V Bhaskar to the DIPP, the nodal agency in charge of IP.

It was rumoured that all IP issues would be consolidated under his charge ...

Share via E–mail | Twitter | Facebook

EPO Enlarged Board of Appeal: Method Patentable By Disclaiming Unpatentable Step from

The EPO Enlarged Board of Appeal handed down its decision relating to the interpretation of the exclusion for patentability under article 53(c) EPC “method for treatment of the human or animal body by surgery ...

Share via E–mail | Twitter | Facebook

Biosimilars: Data Exclusivity and the "Patent Protection Gap" from

Several bills are currently pending in Congress establishing expedited marketing approval pathways for biosimilar drugs. The proposed pathways are analogous to the pathway for small molecule chemical drugs established by the passage of the Drug ...

Share via E–mail | Twitter | Facebook

Developments up to second-filed application relevant to show no double patenting from

The Federal Circuit has clarified the relevant timeframe for purposes of determining whether two claimed inventions are patentably distinct or would result in impermissible double patenting.  The court held "the relevant time frame for determining ...

Share via E–mail | Twitter | Facebook

Federal Circuit to consider en banc whether new evidence may be introduced in a section 145 action from

In an order yesterday, the Federal Circuit has agreed to consider the scope of evidence to be considered in an action filed under 35 U.S.C. § 145 to obtain review of a decision of ...

Share via E–mail | Twitter | Facebook

Intellectual Ventures: White Hat or Black Hat? from

“I guess I should warn you, if I turn out to be particularly clear, you've probably misunderstood what I've said"

   -- Alan Greenspan
The New York Times published the latest installment of feature pieces ...

Share via E–mail | Twitter | Facebook

Companies Don’t Accept Confidential Idea or Invention Submission from

Recently I came across an affidavit of Kenneth R. Glaser, a patent attorney and partner in the law firm of Gardere Wynne Sewell LLP. In fact, this affidavit was submitted to support Invent Help’s ...

Share via E–mail | Twitter | Facebook

USPTO Interim Procedure for Patent Term Adjustment Recalculation from

The U.S. Patent and Trademark Office expects to complete by March 2, 2010, the software modification necessary to comply with the U.S. Court of Appeals for the Federal Circuit's recent decision in ...

Share via E–mail | Twitter | Facebook

Patent Derangement Disorder: A Diagnosis from

We should lobby the American Psychiatric Society for the inclusion of a new entry in the next edition of the DSM: Patent Derangement Disorder (PDD). A commonly-occurring distortion of thought processes, PDD sweeps through online ...

Share via E–mail | Twitter | Facebook

Putting the Spotlight on NPE’s, “Invention Capital”, and Disclosure from

“If everybody in the industry does it, I’ll be right there,” said Nathan Myhrvold, leader of Intellectual Ventures, to the New York Times in an article yesterday titled “Turning Patents Into Invention Capital“. Myhrvold ...

Share via E–mail | Twitter | Facebook

Small Business Resources Through SCORE, an SBA Agency from

Currently there are 364 chapters of SCORE operating in over 800 locations across the United States as well as in US Territories. The organization, which is headquartered in Herndon, Virginia and Washington DC, supports small ...

Share via E–mail | Twitter | Facebook

Document Security Systems Initiates Patent Infringement Proceedings in The Hague from

The following is excerpted from a Document Security Systems February 18, 2010 PR Newswire press release published by bizjournals: Document Security Systems, Inc. (NYSE /AMEX: DMC) ("DSS"), a world leader in the development and manufacturing ...

Share via E–mail | Twitter | Facebook

Some content © 2007–2014 RPX Corporation.
Terms of Service & Privacy Policy
For DMCA requests contact