Patent & IP news for June 8, 2010

Patent Litigations



Patent & IP Blogs

post image Patent Grants Remain at All-Time High from

The USPTO issues patents each Tuesday morning at 12:01 am.  In the past several weeks, I have reported on the rising number of patents being issued each week. The past seven-weeks rank as the ...

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post image Are you ethical? Are you any good? Do you really want to know? from

Do you provide services relating to IP rights? Do you -- or your clients -- ever wonder if you're any good? If so, read on. The British Standards Institute (BSI) has published on its website a ...

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post image Mr Bruno van Pottelsberghe de la Potterie on 'The Quality Factor in Patent Systems' from

Mr Bruno van Pottelsberghe de la Potterie is a Senior Research Fellow at Bruegel and Professor at the Université Libre de Bruxelles (ULB), Solvay Brussels School of Economics and Management (SBS-EM), where he holds the ...

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post image Albanian scrutiny of IP licences: will the burden be lifted? from

"IP licences examined through a competition lens" is the title of a recent contribution in International Law Office by Shpati Hoxha (Hoxha Memi & Hoxha, Tirana), on developments in IP commercialisation in Albania. The author writes ...

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post image Lack of Evidence in Patent Reexamination from

In last week’s discussion on the topic of declaration usage in patent reexamination, we explained the benefit of such evidence in close cases, illustrated by both the dissent and majority comments on the limited ...

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post image Breaking News: Madras HC dismisses Tirupati laddu PIL from

SpicyIP has breaking news that the Madras High Court today dismissed a Public Interest Litigation challenging the registration of Tirupati Laddu as a geographical indication. The Court dismissed the petition observing that alternate remedy of ...

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post image R.I.P. Doctrine of First Sale & Privity in Contract - The Tale of the Publishing Industry & the Delhi High Court from

In 2 peculiar judgments, in the cases of John Wiley & Sons & Ors. v. Prabhat Chander Kumar Jain & Ors. CS (OS) No.1960/2008 and John Wiley & Sons v. International Book Stores & Ors. CS(OS) No ...

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post image Dr Seuss and the USPTO Application Exchange Programme from

I have been contacted by an eminent member of the UK patent profession that the new application exchange programme at the USPTO (details here) where, in exchange for dropping an active case it is possible ...

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post image June Edition Of IP-Watch Monthly Reporter Now Available from

The Intellectual Property Watch Monthly Edition features top news on international IP policymaking, the latest on who is coming and going in the international IP community, news briefs and more. The June edition is now ...

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post image The New Zealand tortoise: should we nip it in the bud? from

In "Has the patent tortoise almost reached the finish line?", New Zealand law firm Simpson Grierson comments on the extremely slow progress of replacing that jurisdiction's ancient Patents Act 1953 with a fresh, new ...

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post image All or Nothing Design Patent Reexaminations: On the Rise? from

Given the increase in design patent cases being heard by the Court of Appeals for the Federal Circuit in the past two years, it seems an appropriate time to consider trends in design patent reexamination ...

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post image Straight from our Patent Research Community: Advisor Kepler from

Advisor Kepler recently won Study ETRI 029 which related to technology used in a CDMA system. Kepler was kind enough to share his thoughts about Article One Partners and his recipe for success!

I recently ...

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Purdue Pharma Products L.P. v. Par Pharmaceutical, Inc. (Fed. Cir. 2010) from

Further Adventures in Obviousness and Inequitable Conduct By Kevin E. Noonan -- In Purdue Pharma Products L.P. v. Par Pharmaceutical, Inc., the Federal Circuit exercised its prerogative to illustrate its fractured jurisprudence on two issues ...

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Table football inventions from

Many enjoy football by playing "table football", where the players are on rods running across the board. The earliest patent I can trace for that subject is by Harold Thornton of Crouch End, London,...

(From ...

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Ramifications of IceTV from

Last February, Gordon J ruled that there was no copyright in White Pages subscriber listings and (perhaps more surprisingly) Yellow Pages listings. Now, Stone J has applied IceTV (here and here) to find that copyright ...

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SpicyIP Tidbits: ACTA Mistrust Intensifies - India and China Come Together from

When it comes to a discussion on the ACTA, the variables remain the same, and not much seems to have changed. The negotiations run their own course, in intermittent phases of secrecy and sudden displays ...

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Indian Government to try to patent Yoga positions-the right approach? from

As a large yoga fan (Bikram is my thing—can’t recommend it more highly, in fact thanks to Jordan for positioning our London office right next to a studio) this caught my eye in ...

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Copyright and Education in the Digital Age from

Robert Dewald is a JD Candidate at Osgoode Hall Law School Technology plays an important role in today’s educational institutions by providing easy access to and distribution of music, art, literature and other information ...

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Marvin Isley dies at age 56 from

Marvin Isley died in Chicago at age 56.

The Isley Brothers had sued Michael Bolton concerning copyright infringement of Love is a Wonderful Thing and won a jury verdict in 1994 which was upheld by ...

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ITC Determination of Invalidity Does Not Relieve Obligations Under Earlier Settlement and Consent Decree Admitting Validity of Patent from

Defendant's motion for satisfaction or modification of a consent judgment following the ITC's determination that the patent-in-suit was invalid was denied. The parties' earlier settlement agreement contained an admission by defendant that the ...

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Helen Thomas and the Drudge Report from

Of the statement by Helen Thomas --“Tell them to get the hell out of Palestine” --, the Washington Times noted:

Her remarks were scarcely reported at first, but when posted on the Drudge Report website at ...

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Why humanties matter in the I-Cubed Economy from

David Brooks' column in this morning's New York Times is a defense of studying the humanities. He talks about the need to hone communications and social skills in this technical age. But he also ...

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New Rwanda IP Policy Taps Information For Development from

"Information is the lifeblood of development," says the government of Rwanda in a recently-adopted intellectual property policy, part of the country’s comprehensive development strategy. The new policy attempts to integrate Rwanda into the international ...

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Fed. Cir.: Court Will Not Correct Claim Drafting Error to Avoid "Absurdity" from

Haemonetics, Corp. v. Baxter Healthcare Corp., No. 09-1557, (June 2, 2010)

Haemonetics sued Baxter on a patent relating to a compact blood centrifuge device for separating and collecting components in a liquid such as blood ...

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Silicon Graphics wins partial victory at CAFC from

The Silicon Graphics case includes a license issue:

Delaware law governs the Microsoft license. Under
Delaware law, contract interpretation is a legal question.
Honeywell Int’l Inc. v. Air Prods. & Chems., Inc., 872 A.2d ...

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The complex realities of the intangible economy from

There is a simple (and simplistic) mental model of the intangible economy that many carry around with them -- including economists who should know better and journalists and politicians who probably don't. That model is ...

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A Quick Look at SureChem from

Hear ye hear ye, the Intellogist Report on SureChem has been fully updated and revised!

If you’re not familiar with SureChem, I’ll briefly touch on a couple of interesting developments in this blog ...

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IPO: Bilski Coming in Next Three Weeks (Really, it Is!) from

“Delay is preferable to error.”

-- Thomas Jefferson
The IPO reported this morning that the Bilski v. Kappos opinion will "almost certainly be issued on one of the next three Mondays – June 14, 21, or 28 ...

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Anticipation Building: The Long Wait for Bilski from

We are now 211 days removed from oral argument in Bilski v. Kappos.  In comparison, KSR v. Teleflex took 153 days.  Commentators everywhere are speculating about the reason for the delay.  Some are considering it ...

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WHO’s Chan Responds To Allegations Of Misconduct On Flu Pandemic from

"At no time, not for one second, did commercial interests enter my decision-making," Director General Margaret Chan of the World Health Organization declaration in a letter today defending the organisation's increasingly scrutinised response to ...

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Federal Register Notice on Three-Track Examination from

On Friday, the PTO published notice of “Enhanced Examination Timing Control Initiative“.  The notice provides further details on the PTO proposal on multi-track examination.

The PTO terms the three tracks as:  I – Prioritized Examination; II ...

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UNITAID-Backed Patent Pool Final; Drug Licence Talks Can Begin from

The final step in the establishment of a patent pool under international drug-purchasing mechanism UNITAID was taken today, the UN body announced. Related Articles:

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Swearing-In Ceremonies from

The judges of the Federal Circuit from time to time will swear-in to the Federal Circuit their judicial law clerks.  One of the nice aspects of this is that you can tell the genuine appreciation ...

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Wockhardt Fails To Nix Sepracor's Lunesta Patents from

The following is excerpted from anarticleby Law360 staff writer, Nick Brown, published at the Forbes On the Docket blog:

A federal judge has thrown out generic-drug maker Wockhardt Ltd.'s claim that Sepracor ...

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When is a document a “Printed Publication”? from

The United States follows a first-to-invent rule wherein the first person to invent is awarded a patent.  For example, if an inventor can prove that he or she conceived of the invention before someone else ...

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Obviousness of Purdue patents affirmed by CAFC from

In Purdue Pharma v. PAR, the CAFC affirmed a finding of

Of unexpected results to negate the obviousness finding:

According to Par, Purdue presented no
evidence of unexpected results over the Oshlack patent’s ...

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"Plagiarism is rampant in legal research" from

Gopal Subramaniam: "Lack of appropriate standards in legal writing and education has unfortunately resulted in a sharp decline in the production of good quality, original legal writing in public space."

Gee, you mean Gary Boone ...

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