Patent & IP news for June 14, 2010

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post image Here’s Looking At Humphrey Bogart’s Right of Publicity and Trademark Infringement Lawsuit from

Los Angeles, CA – Humphrey Bogart appeared in more than seventy motion pictures, including classics such as Casablanca, The Maltese Falcon, and The African Queen. Bogart, LLC, the plaintiff in the case, is the successor-in-interest of ...

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post image Opium for the Masses from

Par Pharmaceutical filed an ANDA to make a time-released version of the opiate tramadol. Patent holder Purdue sued for infringing 6,254,887 & 7,074,430. What was Purdue smoking? The asserted claims were readily ...

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post image Trademark Blog of the Trademark Lawyer's Mind from

When hip-hop label Death Row was acquired by WIDEawake in 2009, they promptly decided to re-issue some Death Row greats, most notably Dr. Dre’s 1992 album ‘The Chronic.’ Dr. Dre was not part of ...

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post image Connecting Secondary Indicia of Non-obviousness to Claims Undergoing Patent Reexamination from

Recently, we discussed the use of declaration evidence to advance prosecution in patent reexamination, and selecting declarants where concurrent litigation exists together with patent reexamination. In this post we explore a type of declaration commonly ...

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post image Patent Ethics: Litigation from

In April PatLit reported on an impending title, Patent Ethics: Litigation, by US scholar and professional discipline expert David Hricik. The book deals with conflicts of interests, malpractice, discovery issues, competence, diligence and dealing with ...

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post image Building Brand Recognition thru Trademark from

What Inventors Need to Know...

Tom Demitry is an entrepreneur, an inventor, a salesman, a marketer, a man of ideas and as he will tell you first and foremost a father and a man of ...

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post image Profs File Amici Curiae Seeking En Banc Rehearing of Second Circuit Pharma Reverse Payment Antitrust Decision from

Professor Mark Lemley

On May 20, 2010, 86 law, economics, public policy and business professors filed an amici curiae brief with the United States Court of Appeals for the Second Circuit seeking the en banc ...

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post image Beating the Deadline: Timing the Repsonses to Non-Final Office Actions from

I took a sample of 6,600 published patent applications whose prosecution files each included an initial non-final office action rejection and a response to that action that was submitted sometime between January 1, 2008 ...

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post image World Cup begins – watch for the JABULANI soccer ball from

The soccer (or ‘football’) World Cup begins this week. Like any major even on the international stage, the World Cup “brand” is enormous worldwide. FIFA, the soccer governing body, owns and protects trademarks related to ...

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post image Why You Shouldn’t Wait Until the Deadline to Response to an Office Action. from

Professor Crouch at Patently-O has provided some insightful analysis on patent grant rates as a function of the timing of the responses to the last office actions.  Below is a bar chart (reproduced with the ...

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post image Monday miscellany from

A very excited message from British Black Music's Kwaku reached the IPKat this weekend to say that the UK's brand new Intellectual Property Minister Baroness Wilcox will attend tomorrow's Talking Copyright seminar ...

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post image Groundhogs Day: Speculating on No Bilski Decision this Term from

United States Supreme Court

I am just about out of ways to creatively announce that the United States Supreme Court has once again had a decision issue day come and go without issuing a decision ...

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Not Quite Artificial Life, But We're Getting Closer: Reactions to Venter's Synthetic Cell from

By James DeGiulio -- Recently, we reported that a research team led by Dr. Craig Venter had developed a "synthetic cell" controlled by purely synthetic DNA (see "Dr. Craig Venter Creates First Cell Controlled Entirely by ...

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Apple's heart monitor patent application from

In May the USPTO published Apple's Seamlessly Embedded Heart Rate Monitor patent application. It clearly refers to hand-held computing devices such as the i-pad or i-pod. The idea is that the user's...

(From ...

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Questions Arise On Value Of GIs For Poor Countries; Register Stuck At WTO from

While World Trade Organization members met with their usual stasis last week on a mandated register for geographical indications, industry proponents of GIs continued lobbying to raise the awareness of delegates of countries not historically ...

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Peer-to-patent Australia from

Ben McEniery from QUT has kindly provided an update on the completion of the Peer-to-patent Australia pilot:

The peer review phase of the inaugural Peer-to-Patent Australia pilot project is now complete. For those of you ...

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Yangaroo can't jump the border from

Vancouver-based company Destiny Media Technologies, Inc. last week obtained summary judgment for non-infringement of a US patent claim brought by its Canadian competitor Yangaroo, Inc. The disputed patent covered technology for the secure transmission of ...

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Afghanistan as the "Saudi Arabia of Lithium" from

An NYT story titled U.S. Identifies Vast Riches of Minerals in Afghanistan includes the text:

An internal Pentagon memo, for example, states that Afghanistan could become the “Saudi Arabia of lithium,” a key raw ...

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Advanced Magnetic Closures case: "one bad apple" on inventorship spoils the patent from

The Court of Appeals for the Federal Circuit in the AMC case affirmed a finding of
unenforceability of a patent because of misnaming of inventors:

We affirm the district
court’s holding that the ’773 ...

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European Patent Organisation Discussing Fee Reform and Sustainable Financing (II) from

As already indicated in my earlier posting, in September and October 2009 three regional workshops on Fee Reform and Sustainable Financing took place between the European Patent Office (EPO) and the EPC Member States. Representatives ...

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The James Dyson Award 2010 from

The James Dyson Award Foundation is looking for applications for its 2010 awards, but time is running out, as they have to be submitted by the 1 July. The competition is open to design or ...

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Incubator grant program from

We know that incubators are a successful and cost effective program for creating companies and jobs. According to a 2008 analysis of EDA programs, "investments in business incubators generate significantly greater impacts in the communities ...

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Still No Bilski Decision from SCOTUS from

The Court issue 3 more opinions today; none of them were Bilski.  In an interesting move however, the Court formally announced that more opinions will be issued this Thursday, which is not a regularly scheduled ...

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No Bilski Today from

We are still waiting for Bilski v. Kappos and are now 217 days removed from oral argument.  The opinions for today have all been released and Bilski is not amongst them. 

Maybe this Thursday?  According ...

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Nitches within tech clusters from

One of the great traps of technology-based economic development is the herd mentality. Everyone wanted to be like Silicon Valley. Then everyone want to be the leader in bio-tech. Then nano-tech. Now its "green." The ...

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Defending Your Customer Base—You’ve Gotta Have (Bad) Faith from

We’ve previously noted that recent Supreme Court case law on the pleading standards required to state a valid claim have been viewed as a potential game–changer, requiring plaintiffs to express more detail in ...

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AP runs Bimbo story from

On 14 June 2010, AP ran a story titled English Muffin-maker guards `nooks and crannies' relating to the lawsuit between Bimbo Bakeries and former exec Chris Botticella over the trade secret to "nooks and crannies ...

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Multiple Rejections During Prosecution Undermine Plaintiff's Bid For Preliminary Injunction from

Plaintiffs' motion for a preliminary injunction was denied because plaintiff failed to establish a likelihood of success and defendant established a substantial question of invalidity due to obviousness. "In this case . . . there is a strong ...

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BPAI Examiner finding about reference inconsistent from

Takeaway: In Ex parte Nishimura, the Board overturned an obviousness rejection because the Examiner's findings concerning the rejection were "unsupported and conflicted." The Examiner alleged that one element was taught, then in the same ...

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S.D. Fla. On Motions to Stay Pending Reexamination from

Fusilamp LLC v. Littlefuse, Inc., Case No. 10-20528-CIV (June 7, 2010, order)

In denying a request to stay litigation in light of a pending ex parte reexamination proceeding, Judge Altonaga stated:
District courts have an ...

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BPAI generic benefit as motivation from

Takeaway: In Ex parte Linzer, the Examiner offered "reduce[s] bandwidth, time, and memory" as a motivation to combine two references. The Board found the motivation deficient because "no evidence on record suggests that the ...

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Gene Patents and Collaborative Licensing Models from

Professor Geertrui Van Overwalle (University of Leuven, Belgium) has edited a new book entitled “Gene Patents and Collaborative Licensing Models — Patent Pools, Clearinghouses, Open Source Models and Liability Regimes”.  The book is briefly described below ...

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