Patent & IP news for May 6, 2010

Patent Litigations



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post image Being on FRANDly terms with friendly trolls. from

The famous patent battle opposing NOKIA to German IP asset management firm IPCOM illustrates well the lack of practical understanding as to what fair, reasonable and non-discriminatory (or FRAND) licensing terms practically means in Europe ...

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post image Kappos Takes Heat at House Hearing, Patent Reform Dead? from

Representative Zoe Lofgren (D-CA) grills Kappos on Capitol Hill

On Wednesday, May 5, 2010, David Kappos, Undersecretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, testified in front ...

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post image Benefits of a Broad Interpretation of 35 U.S.C. §101 from

As the nation begins to appreciate the impact of the oil spill in the Gulf of Mexico and the Supreme Court prepares to wade in on the issue of patentable subject matter in Bilski ...

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Intent? from

ried his burden to prove a threshold level of intent to deceive by clear and convincing evidence.").

Optium offered no evidence to infer intent. Emcore offered no defense other than Optium hadn't met its ...

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Deloitte White Paper Points to Recession as Turning Point for Life Sciences Industry; Indicates That Survival Will Depend on Innovation from

By Donald Zuhn -- On Wednesday, while the biotech industry gathered in Chicago for the 2010 BIO International Convention, Deloitte Touche Tohmatsu (DTT) released a white paper suggesting that the global recession has likely permanently reshaped ...

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The Great Copyright Debate continues from

tes and thereby encourages investment].
Act as a Spur to Innovation: New technologies make it possible to expand users' access to vast quantities of relevant knowledge and content. Copyright exceptions must support the development and ...

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An Introduction to the European Copyright Code from

Michael Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School On April 26 of this year the European Copyright Code, which is the product of an academic endeavour between notable ...

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IP Holding Companies, Part III from

by Mark Malek In parts I and II of this series, we discussed the importance of setting up an IP holding company where all of your IP is held.  We also provided some pretty good ...

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House Judiciary Committee is Less Than Enamored with Senate Manager’s Amendment from

Yesterday, the House of Representatives Judiciary Committee conducted an oversight hearing of the PTO.  Director Kappos and Robert Budens, president of the Patent Office Professional Association, the PTO employees’ union, were several of the witnesses ...

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First Arabic Domains Join Internet from

For the first time in the history of the internet, non-Latin top-level domains are available in the domain name system. The Internet Corporation for Assigned Names and Numbers yesterday concluded the process to insert Egypt ...

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Green is good, but not enough from

The Commerce Department's Economic and Statistics Administration has issued a new report on Measuring the Green Economy. The report is a careful attempt to define activities -- in construction, services and goods production. The analysis ...

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But who will regulate the regulators? from

The IPKat has been hearing some dark rumours with regard to that little patch of the planet which is occupied by the body that purports to regulate the professional conduct of British patent and trade ...

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Inequitable Conduct Counterclaim Does Not Vest Court With Subject Matter Jurisdiction Over Unasserted Patent Claims from

In granting plaintiff's motion to dismiss defendant's counterclaims concerning unasserted patent claims for lack of subject matter jurisdiction, the court rejected defendant's argument that "because it has asserted an inequitable conduct claim ...

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Patent Analyst Job Opportunity from

We here at Intellogist know all too well the effects this recession has had. Like many (or probably most) of you, we’ve had friends and family lose their jobs at the cruel unflinching hand ...

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F5 Sues Israel's Imperva for Patent Infringement from

The following is excerpted from a May 6, 2010 article by Shmulik Shelah published at Globes: Enterprise communications solutions developer F5 Networks Inc. (Nasdaq: FFIV) has filed suit with the US Federal District Court for ...

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Revised Japanese Examination Guidelines for Medical Inventions from

The Japanese Patent Office (“JPO”) introduced a revised version of the “Examination Guidelines for Medical Inventions,” in October of 2009.  The revised guidelines are applicable to all patent applications being examined after November 1, 2009 ...

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ACTA: A New Culture of Damages...for who? from

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Further, the US Supreme Court asks Courts to wake up to the possibility of interim reliefs granted to broadly-worded patents acting as stumbling blocks to advancement of public interest. Therefore, the Court has ...

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Is USPTO signaling intent to use Section 112 written description more often in rejections of software patent claims? from

This week USPTO Director David Kappos’ blog included a post discussing the Federal Circuit’s recent decision in Ariad Pharmaceuticals v. Eli Lilly.  In the case, the Federal Circuit held that Section 112 of the ...

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Court rules that corporate executive’s failure to inform USPTO of material information renders patent unenforceable from

USPTO regulations (37 C.F.R. 1.56) state that any individual who is substantively involved in the preparation and prosecution of a patent application owes a duty of candor to the USPTO.  According to ...

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Patents and Jobs from

According to business and patent expert David Kline and Henry R. Nothhaft, CEO of technology miniaturization firm Tessera, Inc. in the Harvard Business Review:

The U.S. Patent and Trademark Office (USPTO) may be the ...

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