Patent & IP news for June 18, 2010

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Patent & IP Blogs

post image Has the Financial Times Found its Way to the Online Promised Land? from

The efforts of newspapers to find a business model that will ensure their continued viability in the online world continue unabated.Take the saga of the Financial Times.
As described in the June 16 posting ...

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post image The Harvard Oncomouse Patent Reexamination, Over Before it Started? from

The Harvard “oncomouse” in case you have never heard of it, is a strange little laboratory rodent genetically modified at Harvard to grow a human ear on its back. (I’ve spared you the actual ...

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post image Broken Chain from

7,051,018 & 7,082,437, owned by Encyclopaedia Britannica, "relate to a multimedia database search system for retrieving textual and graphical information." The patents "claim priority back to October 26, 1989 through a chain ...

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post image Fighting trolls with fire from

Faced with mounting costs and headaches stemming from litigation by NPEs (non-practicing entities, or "patent trolls"), more and more operating companies are resorting to a novel means of addressing the problem. As part of their ...

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post image Intellectual Property: Political Excesses from

It is a well-known fact that in particular numerous newspaper publishing companies are currently suffering from an increasing downturn of their classic paper-based business model.Their long-established but obviously now deprecated business model had been ...

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post image Non-Obviousness: A Case Study in Judicial Activism from

The genesis of the non-obviousness standard (Inventive Step in Europe) was the Supreme Court’s decision in Hotchkiss v. Greenwood, 52 U.S. (11 How.) 248 (1851).  This case first articulated the idea that the ...

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post image Friday fantasies from

Friday comes but once a week,
And with it is the need to peek
At all the things you might have missed
In the Forthcoming Events list ...

Have you ever felt that applying for a ...

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post image Stategic mistake in World Cup Bavaria Babes incident and it's not even an Ambush from

Apart from making trade mark and ambush marketing history, FIFA's response to the Bavarian Babes incident has certainly sold a lot of beer for their sponsor's competitor.  Every blog post, tweet, article, newspaper ...

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post image Exploratory Prototyping Advice from an Inventor from

You have an idea, now what? Unless your idea is ridiculously simple, you will probably need to develop it. Almost no ideas come fully formed. They must evolve to approach their final form. Evolution takes ...

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Amazon and Social Networking from

Some of you may know the slashdot website, which is always good for a provocative discussion about patents and their value. Their latest entry identifies a newly granted US Patent 7,739,139 assigned to ...

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BIO Celebrates Anniversary of Chakrabarty Decision from

By Donald Zuhn -- In a press release issued on Wednesday, the Biotechnology Industry Organization (BIO) recalled the Supreme Court's landmark decision in Diamond v. Chakrabarty, which was issued thirty years ago on June 16 ...

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Biotech/Pharma Docket from

By James DeGiulio -- Medicis' Solodyn Patent Upheld on Reexamination The U.S. Patent and Trademark Office has issued a reexamination certificate reaffirming Medicis' U.S. Patent No. 5,908,838 covering the skin treatment Solodyn ...

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More on new gTLDs from

Further to yesterday’s post, ICANN has released:

  • v4 of the draft Applicant’s Guidebook; and
  • an Economic Framework for the Analysis of the Expansion of Generic Top-level Domain Names;
  • and two “snapshots”.

The materials ...

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Teacher copies student at Cambridge from reported:

Dr Nicola Morrison included unattributed material from the work of a final year Land Economy undergraduate in an article published under her name in the Journal of the Town and Country Planning ...

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BLT blogger in need of hearing aid? from

Coverage of the June 15 discussion Patent Reform 2010: What Shape Will It Finally Take? has been slim. The blog post on Legal Times [BLT] is notable for commenters criticizing its assertion:

One fundamental shift ...

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Amazon's US 7,739,139 from

First claim of US 7,739,139:

A computer-implemented method, comprising: receiving and storing personal data of a first user of a computer-based service, said computer-based service accessible to users over a network, said personal ...

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Examples in good branding from National Small Business Week from

I recently received a copy of a newspaper supplement commemorating National Small Business Week called “From Beginners to Bigshots.” The paper features profiles of several successful small businesses. A common theme among most of businesses ...

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Reminder: an appeal is not a re-hearing from

Mr Justice Floyd (Patents Court, England and Wales) gave judgment this morning in Nampak Cartons Ltd v Rapid Action Packaging Ltd [2010] EWHC 1458 (Pat) , an appeal against the decision of the hearing officer not ...

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Failure to Allege Facts Showing Knowledge of Asserted Patent Sinks Willfulness Claim from

The court granted defendant's motion to dismiss plaintiff's willful infringement claim for failure to state a claim. "In this case, [plaintiff] alleges that [defendant] manufactures and sells the [accused product]. [Plaintiff] also alleges ...

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Comparative Analysis Shows US Patent Office Scores Poorly On Patent Quality from

Quality across patent systems has been understudied but a new methodology put forward by the former chief economist of the European Patent Office suggests that the EPO provides higher quality services than its United States ...

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No entry for Hilton Hotels rules Rajasthan Court from

Believe it or not, but the international hospitality group Hilton International Corporation of the Hilton Hotels fame cannot carry on business in India (Conrad Hilton has a joint venture with DLF),owing to the outcome ...

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Failure to Disclose Sample Size of Test Does Not Constitute Inequitable Conduct from

Following a bench trial, the court concluded that defendants failed to establish inequitable conduct based on plaintiff's alleged failure to disclose the sample size of tests reported in the patent application. "[D]efendants assert ...

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California patent attorney in trouble from

In an article titled Palo Alto patent attorney pleads not guilty to bribery and DUI charges, Joshua Melvin writes of one Richard Chae [once?] of Alston & Bird in Palo Alto.

The reg number is 51539 ...

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Submitting Positive Decisions to the World Patent Offices from

A large number of US patent applications have corresponding applications being examined in various office actions around the world. Although the major Patent Offices generally give no legal deference to the decisions of another Office ...

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Friday Fun: is IBM’s Watson the future of search? from

This week the New York Times published a fascinating in-depth piece about Watson, a new supercomputer created by IBM specifically to answer the type of vague, allusive riddles posed on the quiz show “Jeopardy!”  The ...

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SMEs and Cutting Through The Hoopla Over False Patent Marking from

There has been a lot of recent talk, blog posts, articles, court activity and even proposed legislation in Congress around the issue of “False Patent Marking.”  What does it all mean and why should small- ...

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Britannica torched at CAFC from

From the beginning of the case:

Encyclopaedia Britannica, Inc. (Britannica) is the as-
signee of U.S. Patent Nos. 7,051,018 (the ’018 patent) and
7,082,437 (the ’437 patent). The ’018 and ...

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Generic Pharmaceuticals Conference from

Marcus evans will be holding its 3rd Annual Product and Pipeline Enhancement for Generics conference on "Navigating Regulatory Pathways and Patent Strategies to Ensure Market Sustainability" on June 28-30, 2010 in Washington, DC. The conference ...

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CLE on AMP v. USPTO from

Law Seminars International (LSI) will be offering a one-hour telebriefing entitled: "Molecular Pathology v. U.S. PTO on Gene Patents" on June 24, 2010 from 1:00-2:00 PM (EDT). Elizabeth Howard of Orrick Herrington ...

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Examiner can't use arbitrary structures from

Takeaway: The Board has reversed prior art rejections in several cases where the Examiner arbitrarily interpreted the position of various structural elements – like a claim that read on the reference only if  the reference was ...

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