Patent & IP news for May 13, 2010

Patent Litigations



Patent & IP Blogs

post image Chief Judge Michel: Fellow Citizens: Be On Guard from

In a preview of what Chief Judge Paul Michel of the Federal Circuit plans to focus his energy on after he retires from the Federal Circuit at the end of the month, he recently addressed ...

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post image Trade marks and copyright in book series titles: second opinion sought from

A distinguished member of the Spicy IP blog team has written to the IPKat and his readers for a second opinion. The question raised is this:
"In my hypothetical, there’s a book with the ...

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post image Mule Kick Trick from

Interferences are the mule kick of the shambolic first-to-invent patent regime that only the U.S. clings to. In this episode, Jos Timmermans provoked an interference by copying claims into 11/085,744 from Jones ...

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post image Still Subsidizing Banks & Wall Street from

The TARP bailout of Wall Street may be over but we are still bailing out the millionaires on Wall Street.  The Federal Reserve has purposely set the fed funds rate to zero in order to ...

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post image Microsoft’s Late Use of Patent Reexamination in the i4i Dispute from

As has been widely reported this week, U.S. Patent No: 5,787,499 has been confirmed by the USPTO in ex parte reexamination 90/010,347. The patent has been widely reported as impacting ...

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post image Putting Open Source to good use on the farm ... from

Above: "Now, where on earth did I put that darned shrinkwrap ...?"
Open Source is a label that is so firmly attached to software licensing in the minds of many of us that it can be ...

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post image TotalPatent Intellogist Report Updated from

I touched on TotalPatent’s Semantic Search in one of our recent posts, but there is much more to investigate in our recent TotalPatent full report review and update. We undertake these full report reviews ...

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post image How to Evaluate the Retail Opportunity of a Product from

What Inventors Need to Know...

Most independent inventors want to license their invention to a retailer. Usually an inventor does not have the experience nor the money to market, manufacture and distribute a product on ...

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post image Extension of Copyright Terms in the Copyright Amendments from

EXTENSION OF COPYRIGHT TERMS: Photographs and Principal Directors

Those of you who have been following the proposed amendments to the Copyright Act would have noticed the extended copyright terms for photographs and principal directors, who ...

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post image Article One Partners Crowdsources Direction from Community Members from

The strength of AOP lies in its community.  Our community is made up of individuals from around the world who come together to do amazing patent research.  Our Advisors find the best prior art because ...

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Appeal non-final new arguments from

Takeaway: You can appeal to the BPAI on a non-final Office Action. You are allowed to present completely new arguments in an Appeal Brief.

Details: Two common misconceptions about the appeal process are related to ...

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Docs at BIO: Steve Burrill's State of the Biotechnology Industry Report 2010 from

By Kevin E. Noonan -- Steve Burrill, President and CEO of Burrill & Co. took the stage at BIO 2010 in Chicago last week, and once again provided in 90 minutes his impressions and opinions on the ...

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Scantibodies Laboratory, Inc. v. Immutopics, Inc. (Fed. Cir. 2010) from

By Andrew Williams -- Last week, in Scantibodies Laboratory, Inc. v. Immutopics, Inc., the Federal Circuit affirmed a claim construction decision and corresponding summary judgment of non-infringement rendered by the U.S. District Court for the ...

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Tobacco and trade marks seminar from

IPRIA is hosting a seminar on the Commonwealth Government’s announced intention to ban the use of artwork and logos on cigarette packaging.


  • Prof. Mark Davison
  • Prof. John Freebairn, a professor of economics at ...

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Brazilian Generic Drug Registration Sets Standard For ‘Pipeline’ Patents from

The first Brazilian generic drug against erectile dysfunction recently received registration at the National Surveillance Agency - a unit of Health Ministry. The Viagra generic’s registration was only possible because of a decision of the ...

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Lamy Tells EU Parliament No (For Now) On ACTA from

World Trade Organization Director General Pascal Lamy has answered a letter from members of the European Parliament asking that the WTO provide an “expert assessment and analysis of the current provision” of the Anti-Counterfeiting Trade ...

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Apple's mandamus action fails to effect escape from ED Texas from

In a nonprecedential order in In re Apple (an attempt to go from ED Tex to D Mass), the CAFC wrote:

To be sure, the status of Personal Audio, LLC, as a Texas corporation is ...

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New data on start-ups and IP from

As I've noted before, one of the best sources of data on new start-ups is the Kauffman Foundation's Firm Survey, which is tracking 5000 companies that began operations in 2004. The Kauffman Foundation ...

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Jury May Consider Tax Returns as Evidence of Profits and Losses from

Plaintiffs' motion in limine to exclude evidence of defendants' costs and expenses regarding sales of their products was denied where defendants had produced 5 years of tax returns in discovery and 3 more years of ...

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Will USPTO Use Section 112 More Often to Reject Software Patent Claims? from

The following is excerpted from the May 8, 2010 post of Volker 'Falk' Metzler, Partner of KSNH Patentanwälte, at his Visae Patentes blog: USPTO Director David Kappos recently commented on the March 22, 2010 Federal ...

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Patenting Computer-Implemented-Inventions (CIIs) in the EPO from

The following note was written by European Patent Attorney Paul Cole who is also the Visiting Professor of IP at Bournemouth University

EPO Enlarged Appeal Board decision in G 0003/08 Programs for computers/PRESIDENT ...

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The Emerging Landscape of Biofuels IP from

In my role as Chair of the Forest Bioproducts Division of AIChE, I've been involved with technical programming and webinars dealing with biorefineries, biofuels, and conversion of biomass, especially forest and cellulosic biomass. There ...

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More on plagiarizing Pittsburgh school superintendent from

An article posted on pittsburghlive begins:

Suspended West Jefferson Hills School Superintendent Terry Kinavey testified Wednesday that she had permission to use welcome letters and a brochure she has been accused of plagiarizing.

"Permission" is ...

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Back In The Heart Of Texas from

That defendants to patent infringement actions frequently attempt to decline the hospitality of the Eastern District of Texas is not a new topic for this blog, that Apple––recently reported to have faced more infringement ...

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Therasense: Background Documents For Those Preparing Amicus Filings from

The Federal Circuit recently granted Abbott’s request for an en banc rehearing of its Therasense decision. The rehearing will focus on the fundamental elements of inequitable conduct.  Inequitable conduct is a non-statutory (i.e ...

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Spicy Ip from

Readers might recall a recent post on the potential impact of the Anti-Counterfeiting Trade Agreement on developing countries. What was missing however, was any official communication from the Indian government on the issue, even after ...

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One easy improvement to the online MPEP from

The problem:  If you perform a search engine search for a patent statute/rule, the USPTO’s copy of the statute/rule doesn’t appear in the search results.

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Deferring the Bar Exam and Mulling on Sudeer from

Not exactly IP related: but given that IP lawyers are also (fortunately or unfortunately) part of the bigger fraternity of lawyers, this is something of interest.

I reported earlier on the prospect of an Indian ...

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Do Rights-Based Perspectives Underlie The Interpretation of Statutes in IP Law? from

Steven Zuccarelli is a JD Candidate at Osgoode Hall Law School. Balancing pharmaceutical patent rights with public health needs is a contentious issue that poses enormous challenges to lawmakers.  The conflict between innovators of therapeutics ...

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Global Record Industry Numbers Down (Again) from

Stuart Freen is a JD candidate at Ogsoode Hall Law School. The International Federation of the Phonographic Industry (IFPI) recently released its annual Recording Industry in Numbers report, and the numbers are grim indeed: Global ...

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The Importance of Social Networking for Business Part III: LinkedIn Chapter 1 from

Each and every day generates many page views as a result of our social networking through Twitter, Facebook, LinkedIn and others as well as our own IPWatchdog Social Network. We can state with ...

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Upcoming webinar to discuss differences, similarities in trade secret protection in the U.S. and Canada from

On June 24, 2010, my partner Susan Krembs will moderate a one-hour online discussion about the similarities and differences of trade secret protection in the United States and Canada.

Topics will include:

  • how to protect ...

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Therasense, Inc. v. Becton, Dickinson & Co. Briefing from

On April 28, the Court of Appeals for the Federal Circuit granted the petition for rehearing en banc submitted by Plaintiffs-Appellants Abbott Diabetes Care, Inc. (formerly Therasense, Inc.) and Abbott Laboratories in Therasense, Inc. v ...

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