Patent & IP news for July 9, 2010

Patent Litigations



Patent & IP Blogs

post image A Look at a Few Obscure Patents from

Recently, I was looking at a great museum of obscure patents, compiled by Gene Quinn of IP Watchdog. These patents range from absurd (but believable) to mind-boggling (and unbelievable).  

One of the patents that is ...

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post image Friday fantasies from

Events, events, events -- whatever sort you want, you can find them here, in gay profusion, in the IKat's Forthcoming Events list. So please remember to check it out ...

Thank you, Gavin Ward (Scots Law ...

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post image Three Strikes, You’re Out!? Apotex’s Latest Attempt to Invalidate the PLAVIX® Patent Denied by USPTO from

In the world of pharmaceuticals, every day counts.  Indeed, when the subject matter is a block-buster drug like Bristol-Myers/Sanofi’s anti-blood clot drug Plavix® every day of U.S. sales averages nearly $15.5 ...

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post image Unreasonable Patent Applicant Delay and the USPTO Backlog from

Over 1.2 million non-provisional patent applications are pending examination at the USPTO. Of those, more than 700,000 have not received even a preliminary examination.  The backlog is the source of a tremendous amount ...

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post image USPTO 2010-2015 Strategic Plan Available for Public Comment from

Madison Building, USPTO Headquarters

Draft plan sets priorities to strengthen the USPTO, drive innovation and support economic growth

Washington – Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark ...

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post image Battling Malaria with Open-Source Weapons? Glaxo tries a 'Linux' from

(Image taken from here)
The manner in which the software industry was revolutionized about a decade ago by the advent of the Linux operating system and the open-source software development movement is sought to be ...

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post image When a School Boy's Trick Meets Strangers in a Train (on in the Air) from

Trade secret law (or various other names for more or less the same type of right, including the law of confidential information) has enjoyed an uncertain role in the IP world. For many years, the ...

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European Gene Patent Scope Limited by Landmark EU Court Ruling from

By Devanand Crease -- The much anticipated ruling in Monsanto Technology v Cefetra (Case C-428/08) has now issued and confirms the earlier indications that within the European Union (EU) patent protection for gene sequences only ...

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Biotech/Pharma Docket from

By James DeGiulio -- Sanofi, Abbott Successfully Request Sanctions against Glenmark in Tarka Dispute Sanofi and Abbott were successful in their request for sanctions against Glenmark in their patent suit over Tarka, after it was found ...

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Oh dear….looks who’s back (Tony Campana’s legacy keeps on going) from

Oh dear, oh dear. The NY Times reports overnight that those lovely trolls at NTP are back with a vengeance and on a new parasitic crusade to extort monopoly rent from the smartphone market. http ...

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Gone! from

The newspaper frontpage has a departing backside on the left and the right side is mostly blank space with the word "Gone" in large type on the top half.

Yes, July 9, 2010 is the ...

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Settlement in IPWatchDog/ISC matter from

There is a post at IPWatchdog noting a settlement of the ISC case in ND NY which includes the text:

Aside from the details contained in this article the terms of the settlement will remain ...

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CAFC says "no" to Taylor's 1 billion dollar claim against the USPTO from

The issue:

this appeal, Mr. Taylor seeks to re-open the proceedings
to adjudicate his original request, in the complaint, to be
awarded $1 billion in damages from the PTO. Because
the district court properly ...

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Delay Seeking Inventor's Deposition Sinks Inequitable Conduct Defense from

Defendants' motion to amend their pleadings to include inequitable conduct was denied. ""Defendants argue that their delay in requesting leave to amend is warranted because the factual basis for their newly asserted affirmative defense and ...

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UNCITRAL: now there's a Supplement from

According to a United Nations Commission on International Trade Law (UNCITRAL) press release, on 29 June the "UNCITRAL Legislative Guide on Secured Transactions, Supplement on Security Rights in Intellectual Property" was adopted. This Supplement is ...

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Limiting claim scope based on an ad lib comment? from

The final words of the decision in Telcordia v. Cisco state:

Accordingly, this court vacates the district court’s de-
nial of Cisco’s JMOL motion on invalidity of the ’306
patent and remands for ...

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England's new shirt sponsors? from

This particular member of the IPKat team is a little squeamish about displaying naughty words and slogans on his weblog, even to the point of being reluctant to display real registered trade marks, none of ...

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Uncovering the IP in eHealth Records: Who Should Own Your Medical History? from

Steven Zuccarelli is a 2012 J.D Candidate at Osgoode Hall Law School As technology in health care races ahead, individuals will readily imagine innovative, cutting edge medical techniques that may cure them of an ...

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Problems with the new music model? from

In a number of previous postings, I've talked about how the music monetization model has moved from recording sales to live performances - as a direct result of the rise of free online music (legal ...

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UN Biodiversity Talks Resume, Last Chance For Agreement Before October Deadline from

The last chance to complete discussions and reach an agreement on a draft protocol text on access and benefit-sharing is given to member parties of the UN Convention on Biodiversity (CBD) next week. The protocol ...

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Unsettling Expectations from

On the one hand, as a general rule, judges like settlements, and do what they can to encourage them. Indeed, some courts have proved willing to undo prior orders if that is contemplated by a ...

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TB Alliance And DNDi Team Up To Fight Neglected Diseases from

Two not-for-profit drug developers, TB Alliance and the Drugs for Neglected Diseases initiative (DNDi), have created a product development partnership (PDP) in the form of a royalty-free licence agreement intended to drive development of new ...

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Google Scholar Adds Feature from

Google Scholar, as touted in several of our Best Practices articles over on Intellogist, is an excellent and easy to use tool for searching academic and research literature. Searching these areas can really bolster a ...

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Patent Models Index from

The Smithsonian has published new guide and index to patent models owned by the National Museum of American History. The two volume work is available for free online and can also be purchased in hard ...

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Welcome To The New And Improved PatentablyDefined! from

For those of you who have followed this blog over the years, welcome to version 3.0! This site has been quiet for the past several weeks while it underwent an overhaul, which included both ...

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Summary of 35 USC 101 caselaw, software and business method patents from

This really is the best summary of 35 U.S.C. §101 caselaw as it relates to software and/or business method patents:

@erikjheels on:  A Mere Mortal’s Guide To Patents Post-Bilski (Or Why ...

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Monsanto v. Cefetra: EU Court of Justice Limits Scope of Patent Protection Available to Gene Sequences from

A couple of years ago I posted an article (available here) discussing the case of Monsanto v. Cefetra. Essentially, in that case a European court held that Monsanto patents claiming the gene responsible for its ...

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Trademark KID'S OUTDOORS prevails at CAFC from

Outdoor Kids tried to take on Kid's Outdoors in the trademark arena, and lost at the CAFC:

Appellant Outdoor Kids, Inc. (“Outdoor Kids”), ap-
peals the decision of the Trademark Trial and Appeal
Board ...

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Bilski v. Kappos: Machine-or-Transformation Test Is Not the Sole Test for Patentability from

By Yuri Mikulka, Thomas F. Zuber, and Benjamin C. Deming || In a long-awaited opinion, the U.S. Supreme Court affirmed the Federal Circuit Court’s ultimate holding in In Re Bilski, but held that the ...

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Agency to Investigate Patent Complaint Against Smartphones from

The following is excerpted from a July 8, 2010article by Grant Gross published at Computerworld:

The U.S. International Trade Commission has launched an investigation intopatent complaints filed by FlashPoint Technology, which alleges ...

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USPTO Invites Comments On Strategic Plan from

The US Patent and Trademark Office announced today that its draft strategic plan for fiscal year 2010-2015 is available for public review and comment online. The aim of the strategic plan is to focus on ...

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