Patent & IP news for February 25, 2010

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post image Pharmaceutical patent settlements - and what about patients? from

Do patent settlements help or hurt patients?  What do you think?

There's an interesting post over in the Pharmaceutical IP forum in LinkedIn.  It's reproduced below with permission from Leighton Howard, the author ...

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post image Standard for Reviewing BPAI Obviousness Decisions from

In re Chapman (Fed. Cir. 2010) The BPAI rejected Chapman's claimed antibody fragment-polymer invention as obvious and Chapman (UCB Pharma) appealed. The 103/102(e) rejection was based on the teaching of a Genentech ...

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post image Northwestern Law IP Symposium in Chicago March 5th from

On March 5th, the Northwestern Law School will be holding its fifth annual IP symposium entitled "New Rules for a New Day - Examining Recent Trends in IP Law."  Sharon Barner, Deputy Under Secretary and Deputy ...

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post image Andhakanoon: An Obtuse Copyright Exception for the Disabled? from

In previous posts, I noted the need for a meaningful copyright exception in favour of the "disabled", a category not necessarily limited to those that are visually impaired, but includes any person unable to enjoy ...

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post image Trade mark law and the internet: the IBIL seminar from

Yesterday evening this Kat attended the UCL IBIL seminar on Trade Mark Law and the Internet, dedicated to an evening of discussion on service provider liability and recent decisions such as L’Oréal v eBay ...

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Tech Sector Holds Breath as IV Unloads More Patents from

Today's Wall Street Journal reports:
Intellectual Ventures LLC continues to sell some of its vast patent holdings, recently selling patents to two companies that incorporated in Marshall, Texas, a favored venue for litigious patent-holding ...

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Can I Revive or Reinstate My Trademark Registration If I Forget to Renew It? from

Renewal of Trademark Registrations A trademark registration expires after ten years. If you wish to keep your trademark registration active, you must file an Application for Renewal of your registration under § 9 (See TMEP § 1606 ...

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Europe Takes Step Closer to Single EU Patent and Patent Court from

By James DeGiulio -- On December 4, 2009, the European Competitiveness Council unanimously adopted a legislative package designed to create a single EU patent and EU patent court. In a press release issued by the Council ...

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President's Health Care Plan Includes Pay-for-Delay Ban and Biosimilar Regulatory Pathway from

By Donald Zuhn -- President Obama's new proposal for health care reform was unveiled on the White House website earlier this week. According to the White House, the President's plan "builds off of the ...

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Piracy as a Social Movement? from

Billy Barnes is a JD candidate at the University of Toronto. Joel Tenenbaum was the second person to go to trial after being accused of internet file-sharing. His struggle with the RIAA has won him ...

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European Commission Gets Tough Treatment From Parliament Over ACTA from

By Monika Ermert for Intellectual Property Watch In a written declaration presented 24 February, members of the Liberal Party Group (ALDE), the Progressive Alliance of Socialists and Democrats (S&D;), and the European People’s ...

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Worth reading from

Here is a quick take on three interrelated items worth reading: Greg Tassey's paper Rationales and mechanisms for revitalizing US manufacturing R&D; strategies outlines the importance of manufacturing to a technology-based economy and ...

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Federal Circuit Provides More Guidance on Design Patents from

The Federal Circuit continues to issue high profile decisions on design patents, elevating them to a higher status. Yesterday, the courts issued an opinion in Crocs, Inc. v. ITC where the court reversed the ITC ...

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"Offer to Sell Liability Does Not Apply to Claims of Infringement of a Method Patent" from

Plaintiff failed to state a claim of indirect infringement of the asserted method claim because the complaint lacked any allegation of underlying direct infringement by a third party and defendants' "market[ing] their products with ...

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USPTO Launches "Inventors Eye" from

The USPTO has recently launched "Inventors Eye," a bimonthly publication providing information to the independent inventor community. The first issue, available HERE, includes several articles of interest, including "Patent Reform: Good for Independent Inventors and ...

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Patent Reform is So NOT Sexy it Hurts… from

Admittedly, patent reform is not a sexy topic. Those passionate about it are lab geeks, computer nerds, inventors, academics, attorneys and IP bloggers – not exactly the glitterati. But if it passes the hurdle of a ...

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Who Cares About Health Care Reform? Patent Reform is Back! from

EE Times reports:
Senate committee has struck a rough compromise on a controversial patent reform bill that has been stalled for several months while Congress has debated health care. A Senator leading the charge for ...

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Inability of Patent Examiner and Board to Correctly Read Prior Art Reference Necessitates Intervention by Federal Circuit from

One of the challenges in prosecuting patent applications is dealing with patent examiners who reject claims based on clearly erroneous misreading of a prior art reference. And sometimes appeal to the Board of Patent Appeals ...

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Trading Technologies International v. Espeed from

The patents in this case involve “software for displaying the market for a commodity traded in an electronic exchange.” (p. 2.)

Claim construction. The case turned mostly on the construction of the word “static display ...

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Tentative Agreement On US Patent Reform, Says Senator from

Senate Judiciary Committee Chairman Patrick Leahy (Democrat, Vermont) today announced at an “executive business meeting” that a “tentative agreement” had been reached on patent reform legislation. The original intent of the reform, Leahy said, was ...

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Ill Will Toward Cybor? from

Today, the Federal Circuit decided Trading Techs. Int’l, Inc. v. eSpeed, Inc. [TTI v eSpeed (PDF)], in which the Court broadly affirmed the holdings of the district court regarding infringement of patents directed to ...

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Patent Reform Moving Forward from

Senator Patrick Leahy (D-VT) announced this morning that a "tentative agreement" has been reached on the patent reform bill with Senator Jeff Sessions (R-AL). "No one will think this is a perfect bill, but we ...

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Obviousness Ruling Based on Mischaracterizations of Reference Overturned by CAFC from

But what is refreshing and important in the Federal Circuit’s opinion is that mischaracterizations of references relied upon by the patent examiner (or the BPAI) for obviousness rulings are not to be simply glossed ...

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Tentative US Patent Reform Pact Reached from

The following is excerpted from a February 25, 2010 Reuters article by Diane Bartz: Leading U.S. lawmakers have reached a tentative agreement to reform the nation's patent system, according to Senator Patrick Leahy ...

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APS seeks member input on "clarity and tone" in view of ClimateGate from

Curtis Callan, President of the American Physical Society [APS], sent out an email to APS members on 24 Feb. 2010, including the following text:

I am writing to request your attention to an important matter ...

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Patent reform deal near in Feb. 2010? from

Rick Merritt reports in EE Times: "A U.S. Senate committee has struck a rough compromise on a controversial patent reform
bill .. "

Tough to believe that patent reform would get any traction when health care ...

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PA school superintendent accused of plagiarism from

The Pittsburgh Tribune-Review noted that [suspended] West Jefferson Hills [PA] Superintendent Terry Kinavey is being accused of plagiarizing several documents that were distributed to parents and staff [including welcoming letters to students, parents and staff ...

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A Fanciful False Marking Fiction By a Cottage Industrialist from

The day starts out quiet enough. I wake up and scoop my contacts out of the Clear Care® contact lens solution they’re swimming in. Blinking rapidly to settle my contacts, I focus on some ...

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Seeing the Light or Joining the Dark Side? from

The non–practicing entity (“NPE”) a/k/a patent troll is a familiar character on the patent litigation scene.  The NPE’s modus operandi is to buy patents and sue under them, while never itself ...

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UPDATE to Case law you can use: improper for Examiner to rely on the same structure to disclose two separate claimed elements from

I've updated my previous post "Case law you can use: improper for Examiner to rely on the same structure  to disclose two separate claimed elements."

Here's the updated summary, with the new material ...

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