Patent & IP news for March 15, 2010

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post image IPO finds cosmetic treatment patentable from

There are a number of things that are not in themselves patentable under UK law, according to the Patents Act 1977.  As well as the well-known exceptions to patentability under section 1(2) such as ...

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post image Florist-Inventor Stuck With to Admissions Made During Deposition and Loses on Summary Judgment from

Delaware Valley Floral Group v. Shaw Rose Nets (Fed. Cir. 2010) Shaw's Patent No. 5,765,305 covers a process for producing larger rose heads by placing an elastic netting around the head during ...

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post image Procedural irregularities: when do you let go of a decision? from

The IPKat's friend, IP blogger, commentator, practitioner and enthusiast Barbara Cookson (Filemot Technology Law Ltd) writes to draw his to attention to an unusual episode in the annals of the British Trade Mark Registry ...

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post image Profile of an Article One Patent Researcher: Chun Ming (Eric) Wong from

Our community of researchers is rapidly growing, and we would like to take a moment to profile a few researchers, whom we call Advisors. 

Advisor Chun Ming (Eric) Wong joined the Article One community after ...

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post image Monday miscellany from

Tiger Tiger! The IPKat competition to come up with a good slogan tying golf genius Tiger Wood with TaG Heuer watches (see details here) produced a crop of wonderful entries. Alas, this is something of ...

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post image Busy times ahead for CJ from

Making a new resolution, this member of the IPKat team is determined to break with the habit of a professional lifetime and start to abbreviate what he used to refer to as the 'ECJ' as ...

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Metaphor as Conflict - the Google Settlement from a Mediator's Perspective from

As a mediator reflecting on the label “Evil” attributed to the proposed Google Book Settlement (article by Tom McNichol in California Lawyer, Saving the World from Google: Public and private interests band together to fight ...

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Selling the crown jewels: Nortel’s patent portfolio from

Brian Chau is a JD Candidate at Osgoode Hall Law School. As Nortel nears the end of the insolvency process, it is exploring the potential sale of its extremely valuable patent portfolio. Nortel holds 4 ...

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Violence not condoned -- but is Hitman a hit? from

PatLit's curiosity was stirred by an invitation to visit Patent Hitman, a website which purports to assist actual or threatened defendants in patent litigation suits. According to the rubric:
"Alleged Infringement:
If you are ...

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Google and Yahoo! Search Engines Do Not Infringe Method Claims Requiring Entry of Search Request Data By Users from

Defendants were entitled to summary judgment of noninfringement with respect to the asserted method claim because their accused search engines did not perform the step of "providing, by the user to the local computer system ...

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Ranbaxy settles with Takeda, is Japanese connection coming into picture? from

Diachii-owned Ranbaxy has lately entered into a settlement agreement with the Japanese drug manufacturer Takeda Pharmaceuticals to end patent lawsuit for anti-diabetic drug Actos, generically known as Pioglitazone Hydrochloride. Under the terms of the agreement ...

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USPTO and UKIPO Address Patent Application Backlogs from

On Wednesday, March 10, 2010, the U.S. Patent and Trademark Office (USPTO and the UK Intellectual Property Office (UKIPO) announced a joint action plan to reduce overall patent application processing backlogs in both patent ...

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Lawyer email scams from

Scammers Are Branching Out Running internet scams is a tough racket. On the off change you run across some rube who has still not heard of the Nigerian Prince scam, the odds are low that ...

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"An entirely new set of assumptions about ethics and originality" from

Susan Blum, author of “My Word! Plagiarism and the College Culture,” is giving a talk on plagiarism at Western Michigan University on March 15.

While her book talks about a new set of assumptions about ...

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Tbilisi as the new Grover's Mill, New Jersey? from

Back in 1938, Orson Welles depicted, over the radio, a Martian landing at Grover's Mill, an unincorporated village in West Windsor Township, New Jersey in the United States. [See earlier IPBiz post on the ...

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Cigars and legal alchemy in Nokia/Apple tiff from

Legend states that Freud, a cigar smoker, when challenged on the possible phallic significance of the cigar, replied "sometimes a cigar is just a cigar." In court papers filed by Nokia against Apple, the concept ...

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ED Texas judgment affirmed by CAFC in Fenner v. Microsoft from

The CAFC noted: The judgment in this case is affirmed. We uphold the district court’s grant of
summary judgment of no infringement based on the court’s determination that there are
no genuine issues ...

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More in the i4i/Microsoft case on Word from

A CAFC order on 10 March 2010 includes the text:

(1) Microsoft’s Motion for Leave to File a Reply in Support of Combined Petition
for Panel Rehearing and Rehearing En Banc is granted.

(2 ...

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New questions on intangibles in Kauffman firm survey from

One of the best sources of data on new start-ups is the Kauffman Foundation's Firm Survey, which is tracking 5000 companies that began operations in 2004. Each year, new questions are added to the ...

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Brazil Starts Public Consult On US IP Rights Retaliation from

The Brazilian government today announced the start of a process of public consultation on suspension of concessions or obligations of intellectual property rights from the United States. The government on 15 March published a resolution ...

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“Common sense” vs. “Common knowledge” from

The issue of “common sense” came up again in the oral arguments before the Federal Circuit.  In Siemens AG v. Seagate Technology, 2009-1382 (Fed. Cir. March 9, 2010), the panel questioned appellant’s counsel about ...

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If the Shoe Fits: Analyzing Lohan and Sgt. Sarver Right of Publicity from

The buzz continues about Lindsay Lohan’s suit against E*TRADE over its use of the name “Lindsay” to identify a “milkaholic” character in the latest in its ongoing series of talking-babies commercials. Not coincidentally ...

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BIO Gearing Up for Big Spring 2010, Headlined by Kappos from

The Biotechnology Industry Organization (BIO) has just announced that David Kappos, Director of the U.S. Patent and Trademark Office and Under Secretary of Commerce for Intellectual Property, will be a featured speaker at the ...

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Int’l Seaway Trading v. Walgreens: The Ordinary Observer Test is the Sole Test of Invalidity of a Design Patent from

By Olivier A. Taillieu and Thomas F. Zuber || The U.S. Court of Appeals for the Federal Circuit has extended the holding of Egyptian Goddess v. Swisa, 435 F.3d 665 (Fed. Cir. 2008), and ...

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Latest financial reform bill from

This morning Senate Banking Committee Chairman Chris Dodd introduced his long awaited financial reform legislation (see Dodd's statement, the summary, the full legislation, and stories in the Washington Post, the Wall Street Journal, and ...

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Abbott files Hatch-Waxman case against Impax over Trilipix from

Trilipix is a drug designed to raise "good" cholesterol while lowering "bad" cholesterol and triglycerides. Impax did a paragraph IV Hatch-Waxman filing and Abbott filed an infringement suit against Impax.

As to stock prices, Impax ...

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Google, Yahoo! Skirt Divided Infringement Claim Based on Data Provided "By the User" from

PA Advisors LLC v. Google, Inc. et al., Case No. 2:07-cv-480 (E.D. Tex., March 11, 2010, order)

nXn (formerly "PA Advisors") owned a patent directed to Internet searching technology that "reflects the user ...

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Battle of the Patent Search Systems from

Hello again from a very rainy Washington DC metro area! This week’s theme is the Battle of the Patent Search Systems because of all the activity we are seeing on our System Ratings pages ...

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Brazil set to Cross-Retaliate against US from

Brazil seems to be all set to be the first country to use the IP Cross Retaliation provisions of the WTO, after their approval last year by the WTO. Earlier today, Brazil revealed a preliminary ...

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The Ballad of the Patent Troll from

This videoby Alexander Poltorak takes on a number of the myths associated with patent trolls.  The video explains the hypocrisy of large companies complaining about “Patent Trolls.”  It also makes an interesting point that patents ...

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Court Grants Zep Solar’s Motion to Dismiss Rival’s Non-Infringement DJ from

In a previous post, I discussed a patent infringement suit filed by solar installer Akeena Solar against Zep Solar, Inc. (Zep), groSolar and High Sun Technology, Inc. (HST) in the Northern District of California. Akeena ...

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USPTO and UKIPO Announce Plan to Reduce Global Application Backlog from

By Sarah Fendrick -- The U.S. Patent and Trademark Office (USPTO) announced in a March 10, 2010 press release that it has joined forces with the UK Intellectual Property Office (UKIPO) to develop a plan ...

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Two "circuitry" elements not infringed by processor performing both functions from

Takeaway: Unique Concepts, Inc. v. Brown, 939 F.2d 1558 (Fed. Cir. 1991) holds that there is no literal infringement where the patent in suit claims two elements and the accused device has only one ...

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Ajinomoto Co. v. International Trade Commission (Fed. Cir. 2010) from

By Suresh Pillai -- Last week, the Federal Circuit affirmed a determination by the International Trade Commission ("ITC") that: (1) the asserted claims of U.S. Patent Nos. 5,827,698 and 6,040,160 were ...

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