Patent & IP news for April 20, 2010

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Patent & IP Blogs

post image Wednesday whimsies from

Patent attorneys offer free IP advice. As a goodwill gesture on World IP Day, next Monday, 26 April, members of the Chartered Institute of Patent Attorneys (CIPA) will be offering free intellectual property advice to ...

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post image When the Dog expires ... from

The judgment of the General Court in Case T‑187/08, Rodd & Gunn Australia Ltd v Office for Harmonisation in the Internal Market, was posted on the Curia website this morning, confirming that this is ...

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post image The future of IP? from

What would you say if asked about the future of IP?

Some of my thoughts will appear in interviews in IP publications in the next month or so.

Here are some of my thoughts as ...

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post image The United States Supreme Court v. Technology from

I wrote previously about my uneasiness with the United States Supreme Court’s apparent unfamiliarity with current technology. In re Bilski is a case which involves the patentability of various methods of doing business ...

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post image Change is Coming to the Intellogist Blog from

Starting today, we are making a change to the Intellogist blog.

We started the blog in mid-January and we are very happy we did. What you don’t know, however, is that we talked about ...

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post image Department of Commerce Reports that PTO Fee-Setting-Authority and Improved Post-Grant Patent Challenge Lead to Economic Growth from

The Department of Commerce has released a white-paper discussing the economic value of innovation and coupling that value to the need for reform of the US Patent Laws.  The report focuses on (1) the need ...

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post image Counterfeits: can the consumer also be the villain? from

The IPKat, Merpel and Tufty have received an interesting and indeed provocative question from a reader who writes:
"Dear Feline Creatures

I am writing an article about the possible role of consumers in transactions involving ...

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post image Short Straw from

09/310,880 (Harari) traced its priority date linage back to June 8, 1988. 5,828,601 (Hollmer) was filed December 1, 1993, with no antecedent. So how do these two get into an interference ...

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post image UEFA qualifies for Europe from

It's still only an extempore ruling, but both Lawtel and LexisNexis have picked it up for their subscribers' benefit: Union of European Football Association (UEFA) and another v Euroview, heard by Mr Justice Kitchin ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Biovail Laboratories International SRL v. Paddock Laboratories, Inc. 0:10-cv-01571; filed April 15, 2010 in the ...

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Virtual Virtuosity: Or the Difficulty of Distinguishing Masterpieces from Masterworks from

Roger S. Fisher, Ph.D., J.D. teaches courses at York University on law, humanities and copyright policy. He is a member of the Bar of Ontario and is currently working on a project entitled ...

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Open Source Company Alleges IBM Antitrust; IBM Requests Analysis from

Computer giant IBM is facing an antitrust claim before the European Commission brought by an open source software company alleging that IBM is preventing customers from using that software. Meanwhile, the open source community is ...

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Rethinking the Valley of Death from

Over at Andrew Hargadon's blog, GreenTech Media, he has posted an interesting take on the Valley of Death problem. The Valley of Death is usually seen as a financial issue: how to get funds ...

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Novartis Sues Macleods Over Famciclovir Patent from

Novartis has lately filed a civil lawsuit against the Mumbai-based generic manufacturer Macleods Pharmaceuticals Limited for infringement of US Patent No. 5,866,581 listed with the Orange Book for Famvir tablets, generically Famciclovir. The ...

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Geneva Events Address Public Health Solutions For Developing Countries from

Public health authorities and observers in Geneva this week are discussing problems and possible solutions to medicines pricing and availability in developing countries. But concerns were raised yesterday about a World Health Organization expert group ...

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Copyright Amendment Bill from

For those who've been hunting for a copy of the Copyright Amendment Bill without much success, PRS has come to your rescue. You may download the bill from its website.

At long last, this ...

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CAFC test: whether a reasonable examiner would be so befuddled from

The issue in the case pertained to "incorporation by reference" of an application
filed on the same day, at a time when the application number of the incorporated
reference was not known.

Within the CAFC ...

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In an Amended Complaint, Plaintiff adds a count of False Marking where Defendants Allegedly Marked Products with Plaintiff’s Patent Number from

From the Amended Complaint:

Violation of 35 U.S.C. §292 [False Marking]
(TriPharma Against Defendants and Does 1 through 10)
78. TriPharma incorporates paragraphs 1 through 70 in support of ...

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Advanced manufacturing background paper from

And speaking of manufacturing (see yesterday's posting), the White House Office of Science and technology Policy (OSTP) has a new background paper on Advanced Manufacturing. Be warned however, this is not a overview policy ...

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Damages opinion on related licenses was excluded from evidence where alleged connection with the patents-in-suit was being "in the same field" from

The court granted defendants' motion to exclude the testimony of plaintiff's damages expert to the extent such testimony relied on allegedly similar license agreements. "The Court . . . finds [the expert's] report inadequate for failing ...

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Pikes Peak Economic Club May 4 Meeting from

Local author, “The Decline and Fall of the American Entrepreneur: How Little Known Laws and Regulation are Killing Innovation”.

Dale B. Halling is a patent attorney located in Colorado Springs. His book, “The Decline and ...

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GWU CII IPR Summit -Controversies galore? from

The recently concluded GW-CII IP Summit  (covered here,here and here) seems to have stirred a Hornet’s nest.

On February 26, 2010, several NGOs including Naz Foundation & Center for Internet and Society wrote a ...

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Recent Updates at the CIPO from

The Canadian Intellectual Property Office has recently announced a series of updates for visitors and users of its Web site:

1. The Trade-marks Opposition Board (TMOB) has a new "Decisions" page that provides hyperlinks to ...

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Graham Dutfield on Traditional Medicines and Patents - Excerpts from the talk from

We present to you the excerpts from the talk delivered by Prof.Graham Dutfield,Leeds University,UK on traditional medicines and patents.We thank Prajna R.Mahapatra,a third year student of NUJS Kolkata and ...

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Inventing Advice: How to Improve Upon a Product from

There are always trade-offs in design work. Design features often conflict. For example, a big heavy vehicle is usually safer but the gas mileage is lower. But one of the things I have learned in ...

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Patent Survey Suggests Most 2009 Trends Should Slightly Improve in 2010 from

Inovia recently surveyed over 150 US companies to assess the impact of the economic downturn on their global IP strategy and their outlook for 2010.  The company issued a follow-up report that summarizes the results ...

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Chinese Patent Number System from

According to a note on the EPO's Asian Patent Helpdesk, the Chinese patent office has adopted a new numbering scheme for published applications and issued patents. Prior to April 2010, applications and patents were ...

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SonicWALL Becomes a Patent Troll? from

The following is excerpted from an April 16, 2010 post by Alex Eckelberry at the Sunbelt Blog: SonicWALL, a company I’ve had a lot of respect for in the past, has apparently decided to ...

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Nike at the CAFC from

The conclusion of the CAFC decision in Gillig vs. Nike states:

we affirm the [ND Tex] district court’s judgment that the
trade secret claims are barred by the statute of limitations. We reverse the ...

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Odd Horten learns from crazed inventor from

In the Norwegian film O'Horten, the character Trygve Sissener passes himself off as a diplomat who has an inventor brother diagnosed as a schizophrenic (but who may be merely shy). The brother held a ...

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Nominee — Edward C. Dumont from

Edward C. Dumont has been nominated to fill the vacancy at the United States Court of Appeals for the Federal Circuit when Chief Judge Paul Michel retires from the bench at the end of May ...

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High Court allows appeal in Health World from

The High Court has unanimously allowed Health World’s appeal from the Federal Court’s ruling that it was not an “aggrieved person” and so had no standing to seek rectification of Shin Sun’s ...

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