Patent & IP news for May 19, 2010

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post image House Introduces PTO Fee Bill from

House Judiciary Committee Chairman John Conyers (D-MI) and Ranking Member Lamar Smith (R-TX) introduced a new bill to provide the PTO with fee-setting authority and to prevent PTO user fee diversion.  The text of the ...

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post image Adidas and Reebok Sue To Protect Their Three Stripe and Stripecheck Trademarks from

Los Angeles, CA – adidas and Reebok have teamed up to sue three defendants for trademark infringement arising from the sale of shoes bearing adidas’ three stripe trademark and Reebok’s stripecheck trademark. Adidas alleges that ...

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post image Proposal: Unlocking Job Growth with Patent Acceleration from

It seems pretty clear that under the direction of David Kappos the United States Patent and Trademark Office is pursuing an “all of the above” strategy to cutting into the backlog and ultimately reducing the ...

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post image Tax and Intellectual Property: Forum Shopping for a Licensing Program from

Tax incentives are always a large part of a corporate law practice.  Taxes can dictate the structure of a deal, help provide financing for an acquisition, or simply cause an organization to incorporate elsewhere because ...

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post image Facebook Privacy Concerns Continue from

I am currently working on a series of articles about the Importance of Using Social Networking for Business.  And I know I wrote that you should consider using Facebook as one means of Social Media ...

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post image Misguided Missile from

Another patent applicant groans like Tom Jones: "Stop Breaking My Heart." Does this lyric sound familiar? "The applicant argues that these rejections were based on a misunderstanding of the [prior art] references, and lacked sufficient ...

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New USPTO Fee-Setting Bill Introduced in House from

By Donald Zuhn -- In the face of strong opposition, the House of Representatives declined to bring a bill that would provide the U.S. Patent and Trademark Office with fee-setting authority to the floor for ...

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HIF Bio, Inc. v. Yung Shin Pharmaceuticals Industrial Co. (Fed. Cir. 2010) from

By Kevin E. Noonan -- It has been a staple of introductory civil procedure exams to include a complicated fact pattern that, at root, leads to a determination that the lawsuit should be dismissed for failure ...

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USPTO Patent Reform Implementation, Hurry Up & Wait? from

Part II of a Guest Post by Brad Pederson

This is the second post addressing transition provisions outlined in the Manager’s Amendment to S. 515.  The first post addressed the transition provisions for interferences ...

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Oakley Sued for False Marking from

In a counterclaim filed May 17, 2010, Oakley, Inc., a sport sunglasses manufacturer, is accused of marking its products with hundreds of patents that were either:

(i) expired,
(ii) did not cover the marked products ...

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Patent requiring "trial and error" and "working backwards" to calculate the value of a claimed variable was invalid for lack of enablement. from

Defendant's motion for summary judgment of invalidity for lack of enablement was granted. The patent claimed a light bulb with "a coating . . . having a transmittance level in substantial accordance with" a formula containing the ...

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How valuable is a Harvard administrator credential? from

In an editorial Asleep in Admissions?, the Boston Globe states Admission officials at Harvard have a lot to explain to legitimate applicants. and ends Are the phones — and the admission office — in decent working order ...

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Pyrrhic Victories And Patent Trials from

On the heels of a jury verdict against retailer, Inc., we recently mused that Soverain Software LLC may have learned––as Jean–Paul Sartre put it––that “if a victory is told in ...

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Innovation, the history of spintronics and the linear model from

I recently ran across an interesting history of nanoelectronics -- aka spintronics. The article (From Lab to iPod: A Story of Discovery and Commercialization in the Post-Cold War Era) by history professor W. Patrick McCray describes ...

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Patently-O Bits and Bytes from

  • Grant Rate: The USPTO’s high patent grant numbers continue. The past two weeks respectively rank Nos. 1 and 2 in terms of the most patents granted in a single week in US history.
  • USPTO ...

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When It Comes to Patent Term Extensions, An Enantiomer is a Different Drug From Racemate from

US Pat. No. 5,053,407, exclusively licensed to Ortho-McNeil Pharmaceutical, is directed to an enantiomer of a racemic compound that had previously been approved by the Food and Drug Administration (FDA).

On judgment, the ...

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Omega v. Costco and discounted luxury goods from

Anjli Patel is an LLB Candidate at the University of Calgary Faculty of Law. Today’s post will be of interest to anyone who has ever extensively compared prices on big-ticket items before making a ...

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Why Contributing to Intellogist Makes Sense from

You may ask: Why would I want to take my valuable time to write or edit articles on Intellogist? How does this benefit me, exactly?

There are several reasons to contribute to Intellogist:

  • Helping to ...

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USPTO Creates Contingency Option For Electronic Filing from

The United States Patent and Trademark Office (USPTO) is increasing the availability of its patent electronic filing system, Electronic Filing System—Web (EFS-Web) by providing a new contingency option when the primary portal to EFS-Web ...

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717 Madison Place from

I’ve been reading the new book “Patent Law for Computer Scientists: Steps to Protect Computer Implemented Inventions” (Springer publishing 2010) which was written by European Patent Examiners Daniel Closa, Alex Gardiner, Falk Giemsa, and ...

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German Supreme Court on Patents on Computer-Implemented Inventions from

Today the German Supreme Court (Bundesgerichtshof, BGH) has published the full reasons of the decision in re Xa ZB 20/08 dated April 22, 2010. The decision is related to German patent application DE10232674 filed ...

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Mission: Intangible from

The Intangible Asset Finance Society recently published Mission: Intangible, a book that advocates the careful stewardship of corporate reputation.   Authored by IAFS Executive Secretary Nir Kossovsky with Todd Miller, the book explains how corporate stock ...

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Prepare Now for the New Framework for Approval of Follow-on Biologics from

The following is excerpted from a May 18, 2010 Intellectual Property Alert by N. Nicole Endejann and Lana A. Gladstein of Pepper Hamilton LLP: The Biologics Price Competition and Innovation Act of 2009 (the Act ...

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Gerald Posner snagged again? from

Things are looking worse for Gerald Posner, the author of "Case Closed." After being forced out at the Daily Beast for plagiarism, there have been some more accusations of plagiarism, and of tampering with Wikipedia ...

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Anticipation reference silence silent from

Takeaway: Can a reference that is silent about a limitation can nonetheless anticipate the limitation? It is possible. It depends on how the reference would be understood by a POSITA, and specifically, what inferences a ...

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