Patent & IP news for April 21, 2010

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post image USPTO Supports Post Grant Aspects of S.515 from

Yesterday, the Dept of Commerce released their position paper on certain aspects of the proposed patent reform legislation. The paper outlines economic justifications for post grant review, citing the well known inefficiencies and cost of ...

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post image Time to party, as ACTA hits town from

Today, as the cloud of Icelandic volcanic ash disperses from British airspace, the new day dawned upon an long-awaited apparation, the draft of ACTA, the Anti-Counterfeiting Trade Agreement. You can read it in all its ...

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post image Update on Google Book Settlement: Second Copyright Infringement Class Action Against Google, Inc., This Time by Visual Artists from

Update on Google Book Settlement: Second Copyright Infringement Class Action Against Google, Inc., This Time by Visual Artists

The newest dispute in the Author’s Guild Google Book Settlement suit (previous post from 3/12 ...

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post image An Anthem for Intellectual Property: you decide from

The IPKat received some brave and imaginative entries for his Intellectual Property Anthem competition, for which the winning prize is complimentary registration for CLT's conference, " "Ownership and Control of IP Rights", on Monday 10 ...

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post image Patently-O Bits and Bytes from

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post image The Provisional Patent Application from

What Inventors Need to Know...

Inventors often ask me “can I get a provisional patent?” But there is no such thing as a “Provisional patent.” A provisional patent application is a patent application that is ...

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Misplaced Reliance on First to Invent, Just File First from

In the United States, the first person to invent is entitled to a patent.  When two different inventors file two separate patent applications on the same invention, the courts will initially look to the filing ...

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NVCA Report Shows First Quarter Drop in Venture Funding from

By Donald Zuhn –- On Friday, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its latest MoneyTree Report on venture funding. The study, conducted ...

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Plant breeder’s rights in the EU from

The European Court of Justice has dismissed Ralf Schräder’s appeal from the rejection of its registration for plant breeder’s rights in plectranthus ornatus.

It would seem after detailed genetic testing, including travel to ...

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Visual Artists Launch Class Action Against Google Books from

Peter Waldkirch is a second year LL.B. student at the University of Ottawa. Almost five years ago, the Authors Guild launched a class action lawsuit against Google over what was then called the Google ...

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Geneva Health Forum Addresses Biotech, Trade, Pandemic Flu from

Biotechnology, international trade, and pandemic influenza were among the topics discussed at the outset of this year’s Geneva Health Forum. Related Articles:

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Permanent injunction vacated over prosecution history disclaimer from

In Ilight v. Fallon, a jury verdict is overturned, with the CAFC noting:

For the foregoing reasons, we hold that the district court erred in its construction
of the claim terms “rod” and “rod-like.” The ...

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Official ACTA Text Released from

A prepared-for-the-public version of the Anti-Counterfeiting Trade Agreement under negotiation by leading economies has now been released online. The release comes after increased public and civil society outcry over a non-transparent negotiating process and fears ...

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Why Humanity Loves, and Needs, Cities - Economix Blog - from

Over at the New York Times Economix blog, Edward Glaeser has an interesting posting on cities and knowledge. The posting reviews an NBER conference proceedings (which Glaeser edited) on agglomeration economies. His bottom line:
Understanding ...

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"Unjustified Delay, Inexcusable Conduct, and Bad Faith" During Discovery Warrants "Serious" Sanction Requiring Plaintiff to Produce All Items Listed from

The court sanctioned plaintiff for "unjustified delay, inexcusable conduct, and bad faith" in discovery by ordering production of all of the documents listed in plaintiff's privilege log. "The efforts of the plaintiff . . . to delay ...

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Department of Commerce Supports Patent Reform from

Let me start by saying that there are a number of provisions in the Senate patent reform bill that I strongly support.  That being said, the Department of Commerce released a White Paper suggesting that ...

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US Govt Economic Report: Patent Reform Will Boost Jobs from

Patent reform in America will spur high-paying job creation and economic growth, claims a new paper by senior economic officials at the US Department of Commerce and the US Patent and Trademark Office. Issued as ...

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FreePatentsOnline vs. SumoBrain from

The differences between FreePatentsOnline and SumoBrain are scant, due to the fact that both patent search sites were created and are being maintained by Patents Online LLC. was launched in 2004 en route ...

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Patent Troll Defense from

Insurer Must Provide Defense Coverage To Hyundai in “Troll” Dispute In a story that received scant media coverage, an appeals court has decided that two insurance companies must provide defense coverage to Hyundai against patent ...

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Biodiversity: Bountiful Source For Cosmetics, But Needs Respect, Group Says from

PARIS- The cosmetics industry is about beauty, but it is also increasingly about biodiversity as consumers show a growing awareness of environmental issues and the loss of biodiversity. As a wishful wink to the 10th ...

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The Third Meeting of the IP5 Heads of Office Recently Held from

On April 15 and 16, 2010, the IP5 met to discuss a series of Foundation Projects geared toward creating a work-sharing environment and improvements to expedite the IP prosecution process. The IP5 is comprised of ...

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Patent Strategy: Laying the Foundation for Business Success from

Patents provide a competitive advantage, and those sophisticated in business know enough to look for and exploit whatever competitive advantage exists. Patents are the 800 pound gorilla of competitive advantage, but realize if you are ...

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Guest Post: David Boundy – Patent Reform That Hurts Small Inventors and Small Businesses from

The following is a guest post of David Boundy who is a Vice President and Assistant General Counsel for Intellectual Property at Cantor Fitzgerald.  His post follows:

Yesterday, a major effort was launched to ram ...

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Panel Dissects Future Challenges Of WHO Budget, Administration from

The World Health Organization needs to streamline its functions and make more space for civil society, and international health systems must be strengthened in order to achieving public health goals, said panellists at this week ...

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Obama Administration Tells Senate It Supports Patent Reform Changes from

The Obama administration supports changes to the United States patent reform bill, said US Secretary of Commerce Gary Locke in a letter sent late yesterday to members of the Senate Judiciary Committee. The amendments in ...

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