Patent & IP news for May 27, 2010

Patent Litigations



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post image Article One Attends INTA 2010 from

INTA's annual meeting -- generally acknowledged as the world's largest intellectual property conference -- was held in Boston, Massachusetts this past week.  Especially given its proximity to our new Boston Office, Article One was pleased ...

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post image “Informal” India and the Romanticisation of Innovation from

FICCI's latest newsletter carried an article of mine dealing with grassroots innovation and the need to romanticise innovation. For those interested, here is the text:

“Informal” India and the Romanticisation of Innovation

3 idiots ...

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post image A Short History of UK IP Pubs from

Letter from the Editor:

The following letter from Joff Wild, Editor, IAM, was prompted by the previous post, The British are Here! (It’s run with permission.)

“One of the reasons for the British taking ...

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post image Blinded By Science: Myriad Loses Breast Cancer Test Patents from

On March 29, 2010, the University of Utah and Myriad Genetics Inc. lost a U.S. court ruling over some of its patents for detecting inherited breast cancer related to the genes BRCA1 and BRCA2 ...

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post image The Risk of Sleeping on Your Patent Rights from

Yesterday Eric Guttag wrote an article about the Federal Circuit ruling in Aspex Eyewear Inc. v Clariti Eyewear, Inc., which determined a threat of infringement followed by three years of silence barred the patent owner ...

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post image Internet Law Desk Reference from

The Problem of Complexity
Doing business online can be as difficult as it is lucrative. Hiring the website developer, tracking orders, updating changes, ensuring supply, collecting money, etc. all require time and planning. One thing ...

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post image Judge Plager: "The Walls Surrounding the Claimed Invention [Should] be Made of Something Other than Quicksand" from

Enzo Biochem and Yale University v. Applera Corp. (Fed. Cir. 2010)

The district court initially held Enzo’s patent claims invalid as indefinite because of the ill-defined term “not interfering substantially.” On appeal, the Federal ...

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post image USPTO Grant Rate by Technology Center from

The following graph is based on the file histories of about 25,000 utility patent applications from the past few years. I looked to find the percent that were issued as compared to the total ...

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IPO Releases List of Top 300 Patent Holders for 2009 from

"Biotech/Pharma" Top 47" By Donald Zuhn -- The Intellectual Property Owners Association (IPO) released its 27th annual list of the top 300 organizations receiving U.S. patents. Patent Docs Readers may recall that the U ...

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GSK Promotes Open Innovation by Sharing Malaria Inhibitor Compounds from

By James DeGiulio -- Earlier this year, GlaxoSmithKline announced an "open innovation" strategy to help deliver new and better medicines for diseases disproportionately affecting people living in the world's poorest countries. Making good on that ...

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Researching Experts: Strategies and Solutions from

On Tuesday, June 8, 2010 the American Bar Association Section of Litigation Pretrial Practice & Discovery Committee and the ABA Center for Continuing Legal Education will sponsor the above-titled teleconference and live audio webcast. Because experts ...

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Jeffrey Lange's Fifteen Minutes of Fame from

With the SuperBowl coming to New Jersey in 2014, the New York Times had an article resurrecting the famous snowball game of December 23, 1995. The NYT noted:

One man became the public face of ...

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Use of Terms Like "Monopoly" and "Milking" Prohibited at Trial from

Plaintiff's motion in limine to exclude terms like "monopoly," "milking strategy," and "milking the brand" was granted where the "invocation of such terms would unfairly prejudice [plaintiff] under Rule 403 by suggesting that [plaintiff ...

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Greenberg's "Tech Transfer" from

Within Nicholas Wade's review of the book "Tech Transfer," one finds a quote about perks of university profs:

“These included annual pay increases, lax to near-non-existent conflict-of-interest and conflict-of-commitment regulations, and ample pools of ...

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Judge Pflager speaks out on indefiniteness from

From a dissent to denial of panel rehearing in Enzo by Judge Plager:

To begin the discussion of how this court could move
in that direction, I would grant the petition for panel
rehearing. The ...

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Patented inventions to assist the disabled from

I am sometimes asked about inventions for disabled persons. Patents are a good starting point as they offer a structured way to find detailed descriptions of how the innovations work. The...

(From Steve van Dulken ...

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Federal Court of Appeal Gives a Broad Interpretation to “Research” for Fair Dealing from

Stuart Freen is a JD candidate at Osgoode Hall Law School Last week the Federal Court of Appeal upheld a 2007 Copyright Board decision concerning online music stores and those 30 second previews that are ...

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Intangibles and National Security from

This morning, President Obama released a new National Security Strategy. This Congressionally mandated report gives the President an opportunity to articulate his approach to national security. President Bush submitted two reports, in 2002 and 2006 ...

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Knowledge-Building, Strong National Policies Essential For Development, Authors Say from

The widening gap in scientific and technological capabilities between some developing countries suffering persistent poverty and rich industrialised countries brings to question why some countries are catching up with richer countries, while others are not ...

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Your Google search is influenced by the crowd from

I just wanted to quickly check in today to make note of this fascinating article on Ars Technica, which summarizes the results of a study on how Google’s top search hits related to nanotechnology ...

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Harvard Law grad Birnbaum axed from DOI Minerals Management Service from

According to her bio at, S. Elizabeth Birnbaum is a Harvard Law grad:

Birnbaum received her Juris Doctor from Harvard University in 1984 and her A.B. degree, magna cum laude, from Brown ...

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Mullin still trashing Spangenberg from

In a post on May 21, 2010, Joe Mullin goes after Erich Spangenberg, again. This post is called Spangenberg Speaks, Says Sue First, Ask Questions Later.

Last year, Mullin had a hissy-fit over a piece ...

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Biotech/Pharma Docket from

By James DeGiulio -- AstraZeneca Settles Entocort Patent Suit with Teva, Stipulates with Mylan AstraZeneca has settled its infringement claims against Teva over its Crohn's disease treatment Entocort, striking a deal that grants Teva an ...

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