Patent & IP news for May 3, 2010

Patent Litigations



Patent & IP Blogs

post image District Court vs. USPTO Patent Reexamination Analysis (BPAI Informative Opinion in Ex Parte Baxter International, Inc.) from

Different standards lead to different results in patent reexamination and district court litigation

During district court patent infringement litigation between Baxter and Fresenius, Fresenius requested reexamination of Baxter’s patents relating to hemodialysis machines with ...

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post image Sanctioned from

Starting in 1998, Medtronic sued multiple parties over multiple surgical instruments patents, BrainLAB being one of them. Defendants summary judgment motions of noninfringement were denied. Before the case went to the jury, BrainLAB renewed its ...

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post image Of south India, Handicrafts and changing types -- GI trends from

If anyone's glanced through the latest GI Journal, No. 33, available here, you will have seen that the number of applications for GIs in India has crossed the 200 mark. Of these, at least ...

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post image EuropaCorp Sues Consolidated Pictures Over Distribution Of “I Love You Phillip Morris” Movie from

Los Angeles, CA – EuropaCorp is a French motion picture studio that produced the feature film “I Love You Phillip Morris,” starring Jim Carrey and Ewan McGregor. In a May 8, 2009 agreement, EuropaCorp licensed to ...

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post image Monday miscellany from

Around the blogs. Class 46, the European trade mark weblog founded by MARQUES supporters and now hosted by that organisation, has this weekend secured its 1,100th email subscriber. There's also some news of ...

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post image Update: Beyoncé's pirated bikini from

As the IPKat has reported earlier, Triumph (the underwear manufacturer) obtained an interim injunction against Sony Music in Germany, enjoining Sony from further distributing Beyoncé's music video for the "Video Phone" song (see below ...

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post image Expand your search scope with cross lingual search from

Hello all,

I wanted to quickly check in from Baltimore where I’m attending the Patent Information Users Group annual conference (by the way, you can follow Intellogist on Twitter to see my live tweets ...

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post image "IP Golden Oldies": The First Salvo from

Following the call from our earlier blogpost, this Kat will be taking a crack at the first of what he hopes is a regular series of discussions on "IP Golden Oldies". At the suggestion of ...

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post image Exclusive Interview: Jim Greenwood, President & CEO of BIO from

Jim Greenwood,
President & CEO of BIO

On Wednesday, April 21, 2010, I had the pleasure of conducting an exclusive, on the record interview with Jim Greenwood, former Congressman and current President & CEO of BIO. Over ...

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post image Article One Partners - Win an Apple iPad! from

Thanks to feedback from our Advisors, we have decided to ‘up the ante' for our referral contest.  The new prize for the referral contest is $500 or an Apple iPad! The winner of the referral ...

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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. Pfizer Inc. et al. v. Watson Pharmaceuticals, Inc. et al. 0:10-cv-60674; filed April 29, 2010 ...

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Meet the Docs at BIO 2010 from

The Biotechnology Industry Organization (BIO) is holding its annual BIO International Convention this week at McCormick Place in Chicago, IL. Founded in 1993, BIO is a nonprofit association seeking supportive biotechnology policies on behalf of ...

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A Prescription For Failure: Health And IP In The Dominican Republic from

In the United States, trade policy is generally considered an economic issue. But for developing countries like the Dominican Republic, it can be a matter of life and death, write Tanya Baytor and Patrick Griffith ...

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Does the international intellectual property system help or hinder exporters? from

Is the question that will be addressed at a 3 hour forum in Melbourne on 25 May 2010, organised by IP Australia.

Three speakers:

Amy Roy, General Counsel of Boost Juice.
Amy will discuss the ...

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Guest Post: Exhaustion and Copyright Law - A look at the Copyright Amendment Bill, 2010 from

One our regular commentators - Ms. Sneha Jain - a student of ILS, Pune has sent us this excellent guest post on the implications of the Copyright Amendment Bill, 2010 for parallel imports of copyrighted works. She ...

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WIPO Traditional Knowledge Committee Opens With Hope For Text-Based Talks from

Negotiators at the World Intellectual Property Organization this week will address longstanding efforts by many WIPO members to begin in earnest text-based negotiations for a tool to better protect traditional knowledge and genetic resources. Related ...

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Failure to Review Discovery Produced "Years Earlier" Does Not Justify Late Introduction of New Inequitable Conduct Theories from

Plaintiff's motion in limine to exclude any new theories of inequitable conduct, including 22 new prior art references disclosed at the pretrial motion deadline, was granted. "[Defendant] does not explain why it waited until ...

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High-Tech Startups in a “Mixed Source” Software World: Can Money Be Made? from

Although the software business model taxonomy is neither perfect nor universal, most high-tech entrepreneurs recognize the existence of (and difference between) the “proprietary” and the “open source” software business models.[1]

The proprietary or “closed ...

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Ranking brands and valuing intangibles from

Over at the blog IP Finance, Neil Wilkof asks the question What Should We Do With Brand Rankings?. In this case, he looks at the process of brand valuation and rankings for the BrandZ rankings ...

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The Endowment Effect: IP and Human Rationality from

Brian Chau is a JD Candidate at Osgoode Hall Law School. In a recent article, Christopher J. Buccafusco and Christopher Jon Sprigman consider whether IP transactions are subject to “endowment effects”. The endowment effect is ...

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Guest Post: An Appeal by Indian Civil Society to the U.S. President from

Indian civil society organizations have sent an open letter to President Obama, informing him of the USPTO's and U.S. Embassy's attempts in influencing the course of the debate on Indian patent law ...

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Federal appellate courts: “a system of arranged marriage with no divorce” from

The UChicago Law School has a post titled New York Times Profiles Judge Wood, which sets up the link to the NYT.

Within the setup:

The appeals bench, Judge Posner warned, was like “a system ...

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SpicyIP Tidbits: Cipla serves legal notice on GWU; demands a written apology for events in relation to the GWU-CII Summit from

The Business Standard and the Economic Times have both reported that Cipla, one of India's biggest pharmaceutical companies, has served a legal notice on the George Washington University (GWU) for allegedly allowing the GWU-CII ...

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How Long Do I Wait for a First Office Action from

Based on the USPTO's most recent numbers on examination, I created an updated table of the average delay until a first office action is mailed from the PTO. These numbers reflect an average for ...

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Detecting Patent Infringement from

The following is excerpted from a February 26, 2009 Winter Meeting presentation by Julia Elvidge, President, Chipworks available at the Licensing Executives Society website. The presentation includes perspectives from Freescale Semiconductor and STMicroelectronics on several ...

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Divided Infringement Standard Still Evolving from

ct, indirect communication is specifically contemplated. See ’651 patent col.3 ll.42-48 (“The link may be a landline, or other direct communications path . . . . Alternatively, this link may have several parts . . . .”) (label numbers omitted). Therefore ...

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KSR "obvious to try" standard shows up in BPAI WARF case from

From the BPAI decision in Appeal 2010-001854, relating to WARF's
US Patent 7,029,913 :

In KSR, the Supreme Court stated that an invention may be
found obvious if it would have been obvious ...

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Patent Pendency: Reconsidering Expedited Examination from

On September 19, 2009, Oleg Zaitsev filed his patent application directed to a computer-hardware implemented anti-virus system.  Zaitsev included a petition for accelerated examination along with pre-examination search results and an examination support document explaining ...

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Into the Final Stretch: Surveying Bilski's Treatment in the Lower Courts from

Ircuit "declined to adopt a broad exclusion over software or any other such category of subject matter beyond the exclusion of claims drawn to fundamental principles …[and noted] the process claim at issue in the ...

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Provisional date reference burden proof from

Takeaway: When an Examiner applies a § 102(e) reference as of its priority date, the precedential decision Ex parte Yamaguchi allocates the burden of proof for whether the priority document provides proper support under § 112 ...

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Gene Therapy Experiencing a Revival from

By James DeGiulio -- After over a decade of suspicion following the death of an 18-year-old patient, gene therapy is experiencing a revival among scientists and drugmakers, according to a recent Bloomberg report ("'Dead as Doornail ...

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ALZA Corp. v. Andrx Pharmaceuticals, LLC (Fed. Cir. 2010) from

By Andrew Williams -- Last week, in ALZA Corp. v. Andrx Pharms., LLC, the Federal Circuit affirmed the U.S. District Court for the District of Delaware's decision that ALZA's patent related to treating ...

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Kappos Talks Patent Reform and Gene Patents at BIO Convention from

What follows are pieces of Director Kappos' remarks at the session prior to taking questions and answers. While it is probably unfair to call these remarks prepared remarks, it was clear that he referred to ...

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