Patent & IP news for March 1, 2010



Patent & IP Blogs

post image Welcome Back to the IP ADR Blog! from

Today is the first of March, 2010.  As you may have noticed, the Blog has been dormant for a while, as we worked out the details of the transition from Victoria Pynchon’s eminent leadership ...

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post image SpicyIP Tidbits x 2: Of cow urine and Indian politicians! from

Be not fooled by the title of this post, dear readers. Merely combining two very interesting tidbits having caught the SpicyIP Team's eye this week, and not trying to draw any parallels here :-)

Cow ...

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post image Monday miscellany from

All the IPKat's friends are emailing him to tell him that Keisha Buchanan is to commence legal proceedings against the girl group she founded, the Sugarbabes, seeking to prevent the current line-up using the ...

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post image Sticky end for MG Sports from

The British courts are becoming a happy hunting ground for Chinese trade mark litigants these days. First, in Daimler v Sany (noted here and here by the IPKat), a Chinese manufacturer was held not to ...

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post image Scheduling from

I don’t actually carry a calander any more… But if I did carry a calendar, it would include the following three upcoming events where I will be speaking: Washington University Law School – local IP ...

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post image Preventive Detention in 'God's own Country' for 'Copyright & Digital Pirates' from

Over the last several months we've blogged about several draconian preventive detention legislations aimed at combating video piracy and how these legislations may be unconstitutional. Photo: Munnar, Kerala - photo credit: Bimal KC. As of ...

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In re Chapman (Fed. Cir. 2010) from

The Standard of Reviewing Obviousness Determinations from the USPTO By Kevin E. Noonan -- The Federal Circuit vacated and remanded a Board of Patent Appeals and Interferences determination that the claims in U.S. Application No ...

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Ending the Doctrine of Non-Statutory Double Patenting from

In Boehringer Ingelheim Int’l v. Barr Labs and Mylan Pharma (Fed. Cir. 2010), the Federal Circuit made an interesting statement regarding the judicially created doctrine of obviousness-type double patenting — that the doctrine has been ...

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Rin v. Tide II: Has Tide (P&G) Gone to Court? from

In the last two posts, I had discussed the facts of the Rin-Tide controversy and the position of the law on comparative advertising. It appears that the mainstream media has finally woken up to the ...

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The Corporate Insider's Guide to U.S. Patent Practice from

The above-titled book by Charles Macedo, frequent guest blogger at Philip Brooks' Patent Infringement Updates, is available at Oxford University Press: Description Given the growing importance of patents to businesses both in the United States ...

Share via E–mail | Twitter | Facebook’s Bad Advice on Finding a Good Patent Lawyer from

Last week published an article titled How to Find a Good Patent Lawyer. Unfortunately, if you follow this advice you are likely to do exactly the opposite. If you can believe it, Inc ...

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From Pranab, with love...are the budgetary sops going to bowl IP lovers over? from

The present financial budget has brought in a host of good news for the pharma industry with tax sops serving as the perfect holi gift from the Government.
I am yet to go through the ...

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Inequitable Conduct Pleading Need Not Allege Why Undisclosed Prior Art Embodies the Claimed Invention, Why it is Not Cumulative, or from

How Examiner Would have Applied It

The court denied plaintiff's motion to strike defendant's inequitable conduct defense based on the alleged failure to disclose an IEEE article comparing plaintiff's product to a ...

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Extraordinary, a new president! from

Dear weblog readers ...
"At the Extraordinary AC meeting in Munich today, the member states elected Benoît Battistelli as our next President [i.e. President of the European Patent Office]. Mr Battistelli obtained the necessary qualified ...

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New York's Libel Terrorism Protection Act of May 2008 from

Judicary chairman Patrick Leahy, when not working on patent reform, has been involved with a Free Speech Protection Act, which would protect US writers from libel judgments in external jurisdictions. New York has a Libel ...

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No evidence for plagiarism by university administrators??? from

In a story in titled Is plagiarism on the rise? about the (speech) plagiarism by Malone University President Gary Streit, writer Robert Wang states:

Professors who have dealt with plagiarism issues at Ohio ...

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Gore writes in NYT but Jones goes before MPs from

In an NYT op-ed on Feb. 27 titled We Can’t Wish Away Climate Change, Al Gore writes of GlacierGate:

It is true that the climate panel published a flawed overestimate of the melting rate ...

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Battistelli Of France Is New EPO President from

The Administrative Council of the Munich-based European Patent Organisation on 1 March elected Benoît Battistelli of France as next president of the European Patent Office (EPO), starting on 1 July. Battistelli is director general of ...

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Comaper v. Antec from

The patent in this case relates to “a cooling device designed to mount within the drive bay of a computer” (p. 2.) The case was remanded because the jury verdict was irreconcilably inconsistent. The jury ...

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Media Technologies v. The Upper Deck from

This case involved sports trading cards that came with pieces of memorabilia. The district court granted summary judgment of obviousness and the Federal Circuit affirmed.

The prior art included items associated with celebrities sold with ...

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Senator Leahy on patent reform from

Senator Leahy, from bignews on Feb. 28:

This bill will be an example of what we can do when we work together – a true bipartisan product. Intellectual property is the engine of our economy. Reforms ...

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Princo v. ITC and the FTC’s Radical Analytical Framework from

Princo v. ITC (Fed. Cir. 2010) (En banc) On Wednesday, March 3, the Federal Circuit will sit en banc to hear the oral argument in Princo v. ITC. Two questions are presented in the appeal ...

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CAFC Grants En Banc Review of BPAI to District Court Appeal from

On February 17, 2010, the United States Court of Appeals for the Federal Circuit issued an order in Hyatt v. Kappos vacating the previous decision issued by a 3 judge panel on August 11, 2009 ...

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Judge Rader Accuses CAFC Panel of "Bias Against Non-Technical Arts" from

Media Technology Licensing v. The Upper Deck Co., No. 2009-1022  (March 1, 2010)

Media Tech sued defendants on a patent that is generally directed to covering "a piece of a memorabilia item" attached to a ...

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Practising Law Institute Helping Out Attorneys in Down Economy from

PLI is offering scholarships for unemployed attorneys and they are also hosting Winning Strategies for Managing Your Career 2010 for the special price of $25. From time to time PLI also gives away ethics credits ...

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An interference reaching back in time from

from MarketWatch:

Enzo developed its signal amplification technology in the early 1980s, filing its original patent application on May 5, 1983. The Patent Office granted a patent to Chiron Corporation (later acquired by Bayer Healthcare ...

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44 percent of the personal statements in college apps contained copied text! from

Concerning a report from iParadigms:

The company examined 453,000 applications submitted to institutions of higher ed that were provided by an application service used by those colleges and universities. It found that 44 percent ...

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BPAI says Examiner cannot ignore declaration evidence and must explain why evidence is not sufficent from

Takeaway: If you submit evidence during prosecution and the Examiner dismisses the evidence without a proper explanation or even ignores it outright, consider an appeal. Although an Examiner is allowed to be unpersuaded by evidence ...

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