Patent & IP news for July 7, 2010

Patent Litigations



Patent & IP Blogs

post image The Perfect Storm: Corporate Disclosure, Shareholders, and the Importance of Intellectual Property from

I have followed the developing story of John Desmarais and his reported purchase of 4,000 patents from Micron as covered by Joff Wild and the IAM Blog, among other bloggers.  A very nice recap ...

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post image Patent law changes as eminent domain? from

For months, arguments have raged about a controversial article published in the February 26 issue of Science magazine. In "Fixing the Legal Framework for Pharmaceutical Research" (available by subscription only), Sherry Knowles contends that recent ...

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post image Luxembourg: Grand Tax Benefits in a Small Country from

Back from a holiday leading up to the Independence Day weekend in the U.S., I’d like to focus this week on Luxembourg. Luxembourg (officially the Grand Duchy of Luxembourg), like Belgium, grants domestic ...

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post image Petitions Requesting Continued Reexamination (RCR) from

In patent application prosecution, patent owners may  file an RCE or continuation to continue prosecution as a matter of right under 37 CFR 1.53(b) or 1.53(d) or 37 CFR 1.114 ...

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post image Crime Inc: Counterfeit Goods to Premiere on CNBC from

CNBC Originals goes inside the most profitable criminal enterprise in the world. An economy built on robbing U.S. businesses, costing American jobs, and bankrolling terrorism:

Fake handbags, watches, and perfumes are a way of ...

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post image David Kappos: A View from Europe from

David Kappos interviewed by Joff Wild, editor of IAM magazine

USPTO Director David Kappos made one of his rare excursions outside of the US at the end of June when he flew to Munich to ...

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post image Importing non-UK decoders into the EU: a multiplicity of questions from

No case with number can be found on the Curia website, but if you visit the website of the UK's Intellectual Property Office you will find here a notice regarding Case C-228/10 Union ...

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post image Seen outside the Hamilton Township library on 7 July 2010 from

This fellow, alluded to in an earlier IPBiz post, was spotted outside the Hamilton Township (NJ) library on July 7, 2010.

In the context of Bilski, one recalls the Hitler spoof, which reflected unfavorably on ...

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post image Cracking Ideas and a day to remember from

Today IPKat team member Jeremy trekked out to the furthest reaches of Windsor, to the Land of Lego, where the new UK Minister for Intellectual Property, Baroness Wilcox (right), presented awards to a collection of ...

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post image Foaming at the Mouth III: And Then Came Bilski from

When I wrote my first “Foaming at the Mouth” article (see Foaming at the Mouth: The Inane Ruling in the Gene Patents Case) on Association for Molecular Pathology v. USPTO (hereinafter AMP, but also known ...

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post image Dated from

You don't need to have a novel invention to get a US patent. You just need to beat the clock, a clock rigged to America as superior to inferior foreigners, a patent xenophobia most ...

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post image European Patent Organisation Discussing Fee Reform and Sustainable Financing (III) from

EPO Financing Trends (Source: Document CA/33/10)

On the website of the EPO Staff Union (SUEPO) a number of relevant Documents from the Administrative Council of the European Patent Organisation (EPOrg) running the European ...

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post image Garbage Bits from

Telcordia sued Cisco for infringing network data transfer patents 4,893,306; 4,835,763; and RE36,633. '306 was knocked out by noninfringement in summary judgment. '763 and '633 ran the gauntlet through trial ...

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AMP v. USPTO after Bilski v. Kappos from

By Kevin E. Noonan -- After issuing its decision in Bilski v. Kappos, the Supreme Court granted certiorari, vacated the Federal Circuit's decision below, and remanded to the appellate court two cases related to medical ...

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Explaining Patentable Subject Matter: The First Bilski Test Cases from


One of the first cases that may address the Supreme Court's ruling in Bilski v. Kappos involves RCT's claimed method of halftoning color images. The ...

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On sale bar accused product from

Takeaway: Invalidation under the on-sale bar of § 102(b) usually involves a sale of the patentee's product. However, the sale can actually be of any product, by any party, as long as it embodies ...

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Qui tam Plaintiff Cites Professor Crouch's Question to Readers as Proof that Patent Expiration Dates are not Readily Ascertainable from

From the Complaint:

“The expiration of a United States patent is not readily ascertainable by members of the American Public at the time of the product purchase. The patent number itself does not provide members ...

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Wednesday whimsies from

Competitors we may be, but the IPKat holds his friends at Intellectual Property Watch in the highest regard. The two IP weblogs work in very different ways, and IP Watch actually has real humans to ...

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Settlement Does Not Justify Vacating Claim Construction from

The parties' motion to vacate claim construction following settlement was denied. "[The] patentees argue vacating the claim construction order would promote the public policy in favor of settlement. . . . [T]he Court disagrees that the overriding ...

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Creating jobs - and transforming the economy from

A long essay by Andy Groves (former head of Intel) in BusinessWeek (How America Can Create Jobs) is causing something of a stir. Groves message is straight forward enough: economic prosperity depends on more than ...

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WHO Flu Misconduct Debate Polarising As Independent Review Advances from

“Exactly a year ago, a very bad decision was taken” by the World Health Organization that now seems “unscientific and irrational,” said Council of Europe parliamentarian Paul Flynn in a late June presentation of a ...

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Post-Bilski: Federal Circuit to reconsider diagnostic testing and medical methods from

In its recent Bilski v. Kappos decision, the U.S. Supreme Court held that business methods are patentable, and the Court refused to accept the Federal Circuit’s “machine or transformation” test as the sole ...

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PTO Reaction to Bilski from

Many have already publicized the PTO’s same-day memo to patent examiners regarding how to examine applications in the wake of the Supreme Court’s opinion in Bilski v. Kappos

On the one hand, it ...

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USPTO's Short-Term Bilski Approach: "Reject First, Ask Questions Later" from

After the Bilski decision was rendered by the Supreme Court, the USPTO issued a press release, stating that the PTO "will be issuing guidance further interpreting the decision as soon as possible" and that the ...

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They Invented What? (No. 175) from

U.S. Pat. No. 6,889,466Deer stomp simulator.

JW Note:  As an avid outdoorsman myself, I have only one word for this invention . . . awesome!

What is claimed is:

1. An apparatus for attracting ...

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Monsanto Soybean Patent Cannot Stretch To Processed Soy Meal, European Court Says from

Yesterday, the European Court of Justice ruled in a case pitching Monsanto against European importers of Argentinean soy meal, denying the US seed giant intellectual property rights over the exports of soy meal from Argentina ...

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Bilski v. Kappos: Business methods are patentable (probably) from

Stuart Freen is a JD candidate at Osgoode Hall Law School. The Supreme Court of the United States last week released what was likely the most highly anticipated patent case of the year: Bilski v ...

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Federal Circuit Extends the Scope of 102(e) "Secret Prior Art" from

In an important case, the Federal Circuit has expanded the scope of so-called 102(e) “secret prior art.” Under the decision, a US patent or published application will be considered prior art as of the ...

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This Week in Law – Bilski from

I’ll be on This Week in Law (video podcast) this Friday, along with J. Matt Buchanan (Promote the Progress blog) discussing Bilski and whatever other interesting topics come up.

If you have any topics ...

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Can I Combine Multiple Works in a Single Copyright Application? from

Although copyright applications are relatively inexpensive- $35 if filing online- it can be expensive and time consuming to register a large number of works. A series of photographs, paintings or sculptures, or web posts would ...

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Divining "balls and strikes" from a book review? from

from USAToday:

[Kagan's] words stand in contrast to the more technical view of judging voiced by Chief Justice John Roberts at his confirmation hearing five years ago. Roberts said he considered himself an umpire ...

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CAFC in GIACOMINI : provisionals offensive weapons under 102(e) from

The CAFC in GIACOMINI noted:

Treating a provisional application’s filing date
as both the patent’s priority date and its effective refer-
ence date does not raise the alleged tension between
sections 102(e ...

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IP Licenses in Bankruptcy from

Strafford Publications is hosting an upcoming webinar entitled "IP Licenses in Bankruptcy" scheduled for Tuesday, July 13, 2010:

The Bankruptcy Code has a significant impact on the enforceability of IP license agreements. Challenges arise in ...

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Larry King and the Patent History of Suspenders from

With the news last week that CNN’s long time interviewer and host Larry King was retiring, most people on the Internet (being what it is) were as quick to make a joke about his ...

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