Patent & IP news for February 26, 2010

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post image False Marking False Marking False Marking False Marking all at up to $500 per offense from

Simonian v. Blistex, Ciba, Pfizer, 3M, Edgecraft, Darex, Cisco, Bunn-O-Matic, Oreck, Novartis, Merck, etc. (N.D. Ill. 2010) Thomas Simonian is a self-described "individual living in Geneva, Illinois." In a series of at least 27 ...

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post image Friday fantasies from

Friday's the day to check the IPKat's side bar for evidence of exciting new events. Quite a few have been added since last week, the Kats are pleased to say.

Here's a ...

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post image MG Rover's IP lives on from

The reporting of MG Rover’s demise in 2005 was notable for its considerable discussion of intellectual property. According to The Times of 26 July 2005, Nanjing Automobile Corporation acquired the MG marque and intellectual ...

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post image Visiting Judge Explains Potential Downfalls of De Novo Standard of Claim Construction Review from

Trading Techs. Int'l, Inc. v. eSpeed, Inc. (Fed. Cir. Feb. 25, 2010)

In a case where a claim construction ruling was affirmed, the interesting point from a standpoint of patent law is the public ...

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post image Boycott in Wonderland: now you see it, now you don't from

Via The Globe & Mail (eagerly spotted by friend and blogger Nikos Prentoulis) comes this news of a settlement of the publicity-rich spat (or is it a marketing ploy?) between leading European theatre chain Odeon and ...

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post image Congratulations to the new Silks from

In England and Wales a competition is held to select the next batch of Queen's Counsel, barristers whose seniority and expertise is recognised and who become entitled to bear the letters "QC" ("KC" when ...

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post image The Smarter Business Model from

The Smarter Legal Model: more from less is the title of a book by Trevor Faure (Global General Counsel and Partner, Ernst & Young Global), published this month by Practical Law Company. According to the promotional ...

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post image Crock from

The International Trade Clowns (ITC) handed a crock to clog maker Crocs when it asserted 6,993,858 and D517,789: '858 was found obvious and '789 not infringed. Crocs squealed and appealed to the ...

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Choosing among six not obvious? from

In KSR v. Teleflex, one has the text:

When there is a design need or market pressure to solve a problem and there are a finite
number of identified, predictable solutions
, a person of ordinary ...

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USPTO Announces Revised Patent Prosecution Highway Pilot Programs with JPO and IPOS and New PPH Pilot for PCT Work Products from

By Sarah Fendrick -- The U.S. Patent and Trademark Office (USPTO) has created Patent Prosecution Highway (PPH) programs with the Intellectual Property Office of Singapore (IPOS), the Japan Patent Office (JPO) and the European Patent ...

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Reverse Payments in Generic Drug Settlements - Part III from

Are the Courts or the FTC Misapplying the Law? By Kevin E. Noonan -- In its report on so-called "pay for delay" settlements of ANDA litigation (otherwise known as "reverse payments"), the Federal Trade Commission (FTC ...

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Chairman Leahy Announces "Tentative Agreement in Principle" on Patent Reform Bill from

By Donald Zuhn -- During an Executive Business Meeting of the Senate Judiciary Committee held earlier today, Chairman Patrick Leahy (D-VT) informed attendees and online viewers that the Committee had reached a "tentative agreement in principle ...

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"How to Find a Good Patent Lawyer" from

Inc. has a post on the topic of finding a good patent lawyer which begins with text:

Filing for a patent with the U.S. government is just one step along that road [of protecting ...

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Trading Technologies v. eSpeed addresses many issues from

A business method patent survived in the case Trading Technologies v. eSpeed .

A relevant claim:

Claim 1 of the ’132 patent:

A method of placing a trade order for a commodity on an electronic
exchange ...

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"99% of the Time" is not "Always" from

Defendant's motion for summary judgment of noninfringement was granted. "[T]he Court now finds that the applicants’ unequivocal statements in the prosecution history, made to distinguish prior art, in conjunction with the strong specification ...

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SpicyIP Tidbits: Bayer appeals to SC in patent linkage case from

We have an interesting tibdit via Indu Bhan of the Financial Express:
Bayer has decided to take Cipla to the Supreme the grant of marketing approval under the Drugs and Cosmetics Act (DCA) to Cipla ...

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Holding up products at EU borders using patents from

For several years now, patent holders and trademark owners have successfully been using European Regulation 1383/2003 to ensure that customs authorities in the EU detain or suspend the release of goods suspected of infringing ...

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EPO Announces "Patent Statistics for Decision Makers 2010" Conference from

On Wednesday, February 24, 2010, the European Patent Office (EPO) announced that it has organized a "Patent Statistics for Decision Makers 2010" conference with the Organization for Economic Cooperation and Development. This conference, to be ...

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Venue selection clauses in contracts: "litigated exclusively" from

Eric Goldman discusses Google's venue win in the case Flowbee International, Inc. v. Google, Inc., 4:10-cv-00668-LB (S.D. Tex. Feb. 8, 2010. He noted:

Compare Miller v. Facebook with Yahoo v. American Airlines ...

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Bird Airbags? from

Last year a large wind farm went up on an island near Kingston, Ontario, where I live. The installation consists of 86 turbines scattered around the island, dozens of which are visible from the city ...

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4Q GDP revised -- upwards from

As I anticipated in an earlier posting, today the BEA revised its estimate of 4Q GDP. What I got completely wrong was the direction -- my bad. GDP grew by 5.9% -- revised upward from the ...

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Troll Busters from

Put out a Hit! Yes, you, sitting on the fence, unsure if you want to take the plunge into the wacky world of patent reexaminations or (if Congress gets off its backside and passes patent ...

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USPTO’s New Examiner Count System Go Into Effect from

The new count system seems to place emphasis on complete and thorough initial examination, and even provides incentive for examiners to issue patent applications early in the process. Examiners are also given up to 1 ...

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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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Facebook Gets US Patent on Social Network News Feeds from

Earlier this week, on February 23, 2010, Facebook was granted US Patent No. 7,669,123, which covers a patent on a method for dynamically providing a news feed about a user of a social ...

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