Patent & IP news for May 10, 2010

Patent Litigations



Patent & IP Blogs

post image Ownership and control of IP: report 2 from

Next to speak on the Ownership and control of IP programme was Chris Stothers (Arnold & Porter), on the topic of IP and Abuse of Control. This was a canter through the highways and byways of ...

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post image BPAI Rejects WARF Stem Cell Patent Claims in Inter Partes Reexamination Appeal from

On April 28, 2010, The USPTO’s Board of Patent Appeals and Interferences (BPAI) rejected claims 1-3 of Wisconsin Alumni Research Foundation’s (WARF) “Primate Embryonic Stem Cells” Patent (U.S. Patent No. 7,029 ...

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post image Ownership and control of IP: report 1 from

Speaking at today's conference on Ownership and Control of IP Rights, Colin Pearson (right, Cleary Gottlieb Steen & Hamilton) gave a broad overview of the key issues relating to the ownership and control of patents ...

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post image Vegas Trade Show Satisfies Minimum Contacts Test from

Patent Rights Protection Group v. Video Gaming Technologies (VGT), (Fed. Cir. 2010)

Patent Rights holds patent rights to several slot-machine patents and sued a host of companies for infringement.  The Nevada-based district court dismissed the ...

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post image Ownership and control of IP: report 3 from

Following the Ownership and control of IP conference lunch-break solicitor-advocate Bratin Roy (Bristows) emphasised, in "Inventions and Innovations Created by Employees: who owns, who controls?", that the three main concerns raised here are exploitation, compensation ...

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post image Go Behind the Scenes with the Article One Partners Open Study from

At Article One Partners, we have a dedicated community of individuals who do amazing research on patents that are posted as Patent Studies.   We have launched over sixty Studies, with exceptional results from our community ...

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post image Extension from

Three recent cases before the CAFC went to challenges to patent term extension. Photocure challenged the PTO's denial of term extension in Photocure v. Kappos, and won. In Wyeth v. U.S., Wyeth unsuccessfully ...

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post image Prosecutor Grift from

We see it all the time. Inventors who paid tens of thousands of dollars to respectable law firms who took their money and either got them worthless patents, or strung them out with useless applications ...

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post image Patenting by Small-Entities from

The number of small-shop innovators continues to dwindle.  In a sample of recently issued patents,* only 20% claim “small entity” status.  Of those, 30% (6% of the total) are held by the original inventors.** According ...

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post image Refusing Proprietary Technology from

The IPKat is (still) no expert when it comes to the software industry but, like many IP enthusiasts, he tries to keep up with the major issues and thought-trends as and when they crop up ...

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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. Eli Lilly & Company v. Watson Pharmaceuticals, Inc. et al. 2:10-cv-00647; filed May 5, 2010 in ...

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The grace period and “reasonable trial” from

Mack Innovations lodged a provision patent application for a “cable pulling apparatus for helicopters” on 12 August 2005. The complete application for a standard patent was lodged on 14 August 2006 and a standard patent ...

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Failure to Identify Intervening Rights During Discovery Sinks Prosecution Laches Defense from

Plaintiff's motion for summary judgment that its infringement claims were not barred by prosecution laches was granted. "[T]his Court concludes that [plaintiff] is correct and that the Supreme Court has addressed the issue ...

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Compliance with Accused Industry Standard Does Not Justify Joinder of Defendants in a Single Action from

The court severed and dismissed without prejudice all but the first named defendant where plaintiff asserted 11 patents containing 694 claims against 4 corporations. "No conspiracy is alleged. No joint action is alleged. No common ...

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The Patent Box: Searchable Image File Wrapper Documents from

Paul Dougherty is a former Patent Examiner at the United States Patent and Trademark Office, and he works with me regularly, helping me with patent applications and Office Actions.  Paul is also an entrepreneur, having ...

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US, WIPO Officials Assess Patent Reform, PCT, Copyright Priorities from

NEW YORK - Republican and Democratic lawmakers in the United States are “hotlining” colleagues to ascertain if there is any objection to moving patent reform quickly through the US Senate, a representative of a major stakeholder ...

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Scotiabank Loses Domain Name Dispute from

Zak Muscovitch is the principal of The Muscovitch Law Firm, in Toronto, Canada. He is a veteran domain name lawyer having represented numerous domain name owners from all over the world in disputes and transactions ...

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State assistance to business from

Here is a juxtaposition of news stories that came across my computer screen this morning:
   The Wall Street Journal - States Move to Cut Incentives to Businesses
   Forbes - States That Truly Bet On Small Business

This ...

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“Bad Faith” Decisions Bad News for Trade-mark Applicants? from

Jeffrey Vicq is an associate with Clark Wilson LLP’s Technology & Intellectual Property and Higher Learning Practice Groups. Those of us who provide trade-mark prosecution and counselling services—and particularly those of us who work ...

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ITU-UNESCO Broadband Commission Aims At Global Internet Access from

A global Broadband Commission for Digital Development announced today will unite industry, government and civil society in an attempt to expand access to the internet - and with that, access to information that is essential to ...

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The "First Sale" Rule: Costco v. Omega from

The Supreme Court has granted certiorari to decide Costco Wholesale Corp. v. Omega, S.A., in which Omega sued Costco when it bought a shipment of Omega watches from another importer and sold them for ...

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Kappos on the Written Description Requirement from

From the Director's latest blog entry:
The Ariad decision is important for the Office because written description is a critical tool for ensuring that an applicant does not claim more than she is entitled ...

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Director Kappos Testimony to Congress from

On May 5, 2010, Director Kappos testified to the House Judiciary Committee. The prepared testimony included three specific USPTO goals: By the year 2014, reduce the average time to first office action on the merits ...

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Collecting Royalties under a Patent License from

by Mark Malek Professor Dennis Crouch of Patently-O recently posted an article about the difficulties in collecting royalties pursuant to a patent licensing agreement.  In his post, Professor Crouch referenced a report by Invotex, which ...

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Merck Settles Patent Infringement Case for Zetia® from

The following is excerpted from a May 10, 2010 Merckpress release from Business Wire and published at Morningstar:

Merck & Co., Inc. and Glenmark Pharmaceuticals Inc., USA and Glenmark Pharmaceuticals, Ltd. have reached an agreement ...

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Claim one to one relationship from

Takeaway: Many claims include entities with more than one instance ("a plurality of widgets"). When the claim involves relationships between multi-instance entities, getting the claim language right can be challenging. For example, suppose the claim ...

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Patent Profile: Hana Biosciences Receives Notice of Allowance for Use of Menadione to Treat EGFR Inhibitor-Associated Skin Rash from

By Nate Chongsiriwatana -- Hana Biosciences, Inc. recently announced that it received a Notice of Allowance from the U.S. Patent and Trademark Office for U.S. Application No. 11/886,803, entitled "Vitamin K for ...

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Federal Circuit Upholds Patent Term Extensions in LEVAQUIN and METVIXIA Cases from

Ortho-McNeil and Daiichi Sankyo v. Lupin, No. 2009-1362 (Fed. Cir. 2010)

Photocure v. Kappos, No. 2009-1393 (Fed. Cir. 2010)

In separate cases decided today, the Federal Circuit upheld two patent term extensions under 35 U ...

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Biotech/Pharma Docket from

By James DeGiulio -- Celgene and Novartis Reach Settlement with Barr Laboratories in Ritalin ANDA Suit Celgene Corp. and Novartis AG have reached a settlement with Barr Laboratories Inc. over Barr's attempt to market a ...

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