Patent & IP news for March 11, 2010

Patent Litigations



Patent & IP Blogs

post image Is Cognac like Champagne, Finns ask the ECJ from

Last week the IPKat, intrigued by a reference for a ruling for a preliminary ruling of the European Court of Justice in a case he knew nothing about, Case C-4/10 Bureau National Interprofessionnel du ...

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post image The BPAI's Standard of Review for Examiner Rejections from

Ex Parte Frye (BPAI 2010) (precedential opinion) In a newly issued precedential opinion, the Board of Patent Appeals and Interferences (BPAI) has ruled that examiner findings are given no deference when challenged on appeal. "[T ...

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post image From "See Emily Play" to "See EMI Pay" from

The IPKat thanks lots of enthusiastic readers, of whom New York stalwart Miri Frankel was the first, for sending him links to all the news items concerning the High Court for England and Wales victory ...

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post image Patent Litigation Weekly: Digging Beneath the Surface of Apple v. HTC from

This week: Good luck getting any lawyers in Silicon Valley to talk--even on deepest background--about this week's hot patent litigation story. That doesn't mean there isn't plenty of history and context to ...

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post image Door Number One? Door Number Two? Or Door Number Three?: Part II from

How do I choose the "right" mediator for my IP-related dispute?

Yesterday I discussed the top three questions one should ask in order to select the “right" mediator for your Intellectual Property-related dispute. Briefly, we ...

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CSI: NY does salted gold and green (cyanobacterial) beer from

CSI: NY on 10 March 2010 had an episode ("Pot of Gold" taking place around St. Patrick's Day) in which bloggers were pursuing a story on fake gold bars and China, but got into ...

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MIT Tech Rev boosting battery re-charging method from

The MIT Technology Review on 10 March 10 was plumping a story about re-charging lithium batteries:

Today, Ibrahim Abou Hamad at Mississippi State University and few buddies reveal an entirely new technique for charging lithium ...

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Senator Landrieu Introduces Legislation Requiring Study on Effects of First-to-File Provision from

By Donald Zuhn -- On Tuesday, Senator Mary Landrieu (D-LA) introduced legislation (S. 3089) that would require the Office of Advocacy of the Small Business Administration (SBA) to conduct a study and report on the effects ...

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BPAI Holding Annual Board Conference - April 7, 2010 from

The USPTO recently announced that Chief Judge Michael R. Fleming and the Board of Patent Appeals and Interferences (BPAI) will be hosting its “First Annual Board Conference” on Wednesday, April 7, 2010, at the USPTO ...

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Plaintiff's Refusal to License and Competition with Defendant Rendered Monetary Damages Inadequate from

Plaintiff's post-trial motion for a permanent injunction was granted. "[The parties] are direct market competitors in a two-supplier market, contending for the business of 5,000 nationwide distributors. . . . In light of these market dynamics ...

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January trade in intangibles - and revisions for 2009 from

This morning's BEA trade data for January had some welcome news that the deficit declined slightly to $37.3 billion, down from the revised December level of $39.9 billion. Both imports and exports ...

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Kathleen O’Malley Officially Nominated to Federal Circuit from

Yesterday, the White House officially announced that Judge Kathleen O’Malley has been nominated to the vacant seat on the Federal Circuit. Her biographical information was briefly covered last week. In one respect, Judge O ...

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European Generics Industry Calls For “Urgent Patent Reform” from

“Competition and real innovation” will be increasingly difficult if the patent system in Europe is not reformed, the European Generic Medicines Association (EGA) said today at its “Legal Affairs Forum,” which took place on 11 ...

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Indian Civil Society Raises Concerns Over US Industry-Sponsored IP Summits from

Public interest groups in India are raising questions over annual summits involving Indian judges and policymakers that are being funded by major western industry groups, in particular pharmaceutical companies. At this year’s summit, held ...

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AIPLA Electronics and Computer Law Road Show from

Mark your calendar and save the date of June 24th, 2010. The AIPLA has calendared that date for the AIPLA Electronics and Computer Law Road Show in Denver, CO [Link]. I believe this seminar formerly ...

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Hidden Gems in the USPC: Cross-References & Digests from

I'm not a huge fan of the U.S. Patent Classification System. It's not intuitive and its documentation can be intimidating. The structure of the USPC is a mish-mash of historical practices and ...

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Small Business Patent Data Collection Act of 2010 from

Sen. Mary Landrieu (D-LA) is Chairwoman of the Senate Small Business Committee. Sen. Landrieu has introduced The Small Business Patent Data Collection Act of 2010 after concerns about how the Senate patent reform bill will ...

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Worldwide Patent Backlog from

According to Intellectual Property Watch, the worldwide patent backlog “could impose £7.6 billion (about USD$11.3 billion) in annual expenses on the global economy within the next five years if nothing is done ...

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Patent On Lysine-Producing Bacterium Killed For Lack of Best Mode from

Earlier, the International Trade Commission (ITC) ruled that the importation and sale of certain lysine feed products did not violate section 337 of the Tariff Act of 1930 as amended, 19 U.S.C. § 1337 ...

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Licensed to Pay, But Cancelled One Day. from

Licensing disputes so often involve termination provisions. Someone wants out, but has to manufacture a way out - and, the other party sues for wrongful termination. Many of the decisions are fairly pedestrian contract interpretation ruling ...

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UIA Letter to Congress on Patent Reform, Kappos & First to Invent from

The UIA sent a letter to Senator Leahy and Congressman John Conyers. The UIA hopes what is most newsworthy about the letter is their appreciation of Kappos’ outreach to the independent inventor community. First to ...

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The Right of Publicity: A Doctrine Gone Wild? from

The recent dispute involving Lindsay Lohan and ETrade provides an opportunity for critically examining the right of publicity. One defense that ETrade could raise would be parody since it is common practice – and a strongly ...

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Temple Law School Symposium to Address Green IP from

The Temple Journal of Science, Technology, and Environmental Law’s (TJSTEL) 2010 annual symposium will be about legal issues at the intersection of intellectual property and green technologies. Entitled “The Greening of Intellectual Property,” the ...

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Gauging Innovation: Sometimes An "Obvious" Change of Scale Can Be Revolutionary from

I'm one of the skeptics who yawned when the iPad came out. "Just like existing products, only bigger, with fewer features and still no Flash...." I may have been dead wrong. Sometimes what looks ...

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