Patent & IP news for July 1, 2010

Patent Litigations



Patent & IP Blogs

post image Heartache for heartburn drugmaker, though court sweetens the bitter pill from

If you're too busy to read all 920 paragraphs of Case T-321/05 AstraZeneca v Commission, delivered today by the General Court of the European Union, let the IPKat help you at least find ...

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post image Old woman rebranded in wonder makeover from

Is nothing sacred, wonders the IPKat. The answer is "probably not". For generations, American children of all ages have followed the adventures of Wonder Woman. Born in 1941, WW is not much short of her ...

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post image Commerce Secretary Headlines Copyright Policy Symposium from

Public and Private Sector Leaders Meet to Discuss Copyright in the Internet Economy

WASHINGTON – Today, U.S. Commerce Secretary Gary Locke gathered with leaders from the public and private sectors to discuss the relationship between ...

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post image Pharma pay-and-procure symposium from

A media alert from the World Intellectual Property Organization (WIPO) this morning announces a forthcoming technical symposium, "Access to Medicines: Pricing and Procurement Practices", which the World Trade Organization (WTO) is to host in Geneva ...

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post image SpicyIP Readership Survey 2010 from

We've taken our time on this, but decided to survey our readers on your experience and feedback about the blog. We realise the comments section on individual blog posts offers limited avenues for discussion ...

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post image EU Draft Council Regulation On The Translation Arrangements For The EU Patent Published from

On December 04, 2009, a (partial) political breakthrough had been achieved by the EU Council: A number of conclusions on an enhanced patent system in Europe were fixed on that day.

EU Council Document 16113 ...

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post image Did You Know… Disney Patented Precision Fireworks Display from

Frequent readers of know that on holidays I look for appropriate patents to profile that fit within the festive spirit of the holiday.  Call me a geek if you like, you wouldn’t ...

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post image Patently-O Bits and Bytes from

  • EPO Count System: At a recent meeting in Edinburgh, the EPO Vice-President for legal and international affairs mentioned that EPO patent examiners receive twice as much credit for rejecting an application than for allowing the ...

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post image Playboy Sues Drake for Copyright Infringement from

Hip hop artist Aubrey Drake Graham, aka “Drake” had a hit last year with the song “Best I Ever Had.” But, like many other commercially-successful songs these days, “Best I Ever Had” sampled a previous ...

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post image BPAI Ballroom from

The BPAI and Obzilla are regular dance partners. So far this year, they've held two public balls: two precedential opinions in 2010, both ostensibly about obviousness, but as much about Board review procedure and ...

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post image Senate Hearing on Intellectual Property from

Last week I had the pleasure of attending the Senate Judiciary Committee hearing on “Oversight of the Office of the Intellectual Property Enforcement Coordinator.”  A webcast is available. It has been quite some time – law ...

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post image Senator Leahy Pushes Patent Reform on the Heels of Bilski from

With patent reform seemingly on the back burner yet again, Senator Leahy stands on the In re Bilski soap box to rally supporters Monday, noting:

In Bilski v. Kappos, the Court unanimously affirmed the judgment ...

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Rep. Kucinich Introduces Legislation Related to Genetically Engineered Organisms from

By Donald Zuhn -- Last week, Representative Dennis Kucinich (D-OH) (at right) introduced three bills in the House related to the labeling of food containing genetically engineered material, the cultivation and handling of genetically engineered crops ...

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Bilski Fallout from

I'll tell you what, I wish I could write 101 rejections with as little supporting analysis as the Supreme Court did in the Bilski decision. A little discussion of precedential caselaw (Benson, Flook and ...

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Bilski: Pandora’s Box or Panacea?- II from

In the last post, we had undertaken analysis of Justice Kennedy’s opinion in the Bilski decision. In this post, we will discuss Justice Stevens’ and Justice Breyer’s opinions.
Justice Stevens’ Opinion
Justice Stevens ...

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Bilski: Pandora’s Box or Panacea?- III from

In this final post on the Bilski decision, we discuss Justice Breyer's opinion.
Justice Breyer’s Opinion
Justice Breyer begins his opinion by concurring with Justice Stevens that the Bilski application must be rejected ...

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INTA: Trademark Issues in Comparative Advertising in India from

Date: July 14th 2010
Time: 10:30 am to 2:00 pm
Venue: The Maratha, Sun N Sand, 262 Bund Garden Road, Pune 411 001, India.
Who should attend: In-house and outside counsel, as well ...

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US Economist: US Financial Patents Litigation-Prone; Low Quality Makes Them Easy Targets from

Filing of financial patents seems to be on a parallel upward trend with litigation in the United States, with large companies being prime targets, and individual or small entities owning the patents, according to a ...

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Forex as Innovation from

(Over the past few years, we've highlighted some of the pro's and con's of financial innovation. For example, intangible asset monetization is one example of a financial innovation that Athena Alliance has ...

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New studies on innovation - from ONRIS from

This morning I am going to shameless cherry pick from the most recent Ontario's Regional Economic Development and Innovation Newsletter (published by the Ontario Network on the Regional Innovation System - ONRIS). If you are ...

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Bilski: A Few Thoughts More... from

Bilski Ruling: A Victory on the Path to ending software Patents” reads a short stub on the Bilski decision on the site of Free Software Foundation. As pointed out earlier, the Bilski judgment was expected ...

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International Experts find that ACTA threatens Public Interests from

Numerous international experts have found that the pending Anti-Counterfeiting Trade Agreement (ACTA) threatens public interests. A statement has been drafted reflecting the conclusions reached at a meeting of academicians, practitioners and public interest organizations gathered ...

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Bilski v. Kappos. from

 The machine-or-transformation test is not the sole test for patent eligibility under §101. 

(Supreme Court 2009, 08-964)

As stated by Justice Kennedy in the opinion of the Court, the question in this case turned on ...

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Leahy Post-Bilski Comments and Patent Reform from

As the summer recess approaches, it is all but certain that Congress will (again) postpone efforts to enact patent reform.  Since the manager's amendment (S. 515) was forwarded to the Senate in April, very ...

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Co-Pending?? Part 2 from

As a follow up to the previous post, the issue of whether a continuation application filed on the same day that the parent application issues as a patent has been dealt with before by at ...

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They Invented What? (No. 174) from

U.S. Pat. No. 4,194,629:  Love Box.



A box for use as a token between lovers for assuring their love to each other; the box including an instruction sheet that states the ...

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Intellogist and Article One Partners from

Intellogist and Article One Partners have teamed up in a unique venture to help our communities mutually benefit from what we feel are complimentary halves of a prior art searching puzzle. Article One posts Patent ...

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An Exceptionally High Standard for Patent Defendants from

With Bilski in the rear–view mirror and fading fast from view, we return to the nitty–gritty of patent litigation, and how rare it is for a successful defendant to obtain an award of ...

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Reference standard not indefinite from

Takeaway: The BPAI has held in a number of cases that a claim is not rendered indefinite because it recites a standard (e.g., the IEEE 802.14 standard, commonly known as "WiFi"). In some ...

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Court Rulings Leave Questions on Patent Law from

The following is excerpted from a June 30, 2010articleby Erich Schwartzel at the Pittsburgh Post-Gazette:

It dealt with the heady world of intellectual property, so it's only appropriate the case would inspire ...

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Privacy Expectations on Employer Owned Devices, City of Ontario v. Quon from

Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School A short while ago, while sitting in the living room at the home of my nurse friend, I noticed ...

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The EQE "Pre-Exam" - Who Needs It? from

A concerned reader has written to the IPKat with the following:
"I’m having trouble obtaining information on the new “pre-examination” for the EQE and wondered if any enlightened Kats know how it is going ...

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