Patent & IP news for July 13, 2010



Patent & IP Blogs

post image Becker match goes to a fifth set from

It's a few weeks since this duel was decided, and even more than a week since this year's Wimbledon tennis tournament came to its close -- and anxious readers are still emailing the IPKat ...

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post image IPO notice tries to decode TM classification tangle from

A Public Notice issued by the Trademarks Registry has clarified some concerns about how pending trademark (TM) applications and registered marks will be treated as per the newly expanded classification of services in the Trade ...

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post image Citing References to the USPTO from

The chart above shows the average number of prior art references cited per patent, grouped by issue year. The chart is "stacked" with references cited by the examiner at the bottom and references cited by ...

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post image 14 Articles on Patent Reform from

Medical Pub Provides New Insight The summer 2010 issue of  Medical Innovation & Business examines the economic impact of patent reform. It’s well worth taking a look at, free, online.

The special issue of MI ...

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post image Innovation vs. Invention from

I believe there is a lot of confusion regarding the difference between invention and innovation.  This confusion is the result of erroneous definitions and the purposeful intent of some to increase their importance by belittling ...

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post image Nick Godici Part 2: Comparing Reagan and Obama, the Backlog, Examiner/Attorney Relations, Bilski & Being PTO Director from

Nick Godici

Nick Godici, currently with Birch, Stewart, Kolasch & Birch LLP, is a former patent examiner, Commissioner for Patents and Acting Director of the United States Patent and Trademark Office. During the Summer of 2009 ...

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post image Genetic Technologies Ltd.’s Non-coding DNA Patent Upheld on Reexamination from

The USPTO has recently upheld Genetic Technologies Ltd.’s (GTG’s) patent for non-coding DNA technologies.  U.S. Patent No. 5,612,179 titled “Intron sequence analysis method for detection of adjacent locus alleles as ...

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post image Reliance challenges the constitutionality of service tax on copyright transactions: Sale or Serivce? from

In a story first broken by Kian Ganz, of Legally India, it appears that Reliance Big Entertainment Pvt. Ltd., one of the biggest production houses in the country, has challenged before the High Court of ...

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post image Azzurri take aim at "creaking" patent system from

Here's a letter from Sergio Dompé (chairman of the Italian pharmaceuticals industry association Farmindustrìa), which had the good fortune to be published in the Financial Times last Friday, 9 July [with the IPKat's ...

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post image DSS' patent out of the money in Germany, too from

Regular IPKat readers will already be familiar with Document Security Systems (DSS), which has been attempting to enforce their European patent (EP 455 750) relating to anti-forgery measures, and in particular against the European Central ...

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post image Added matter, intermediate generalisation and a good day for cricket from

After a tennis-related post earlier this morning, it is tempting to link this article to another of England's frequently rain-affected summer sports, cricket. Sadly, this doesn't quite work. The Grace in this case ...

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post image EBay’s PayPal Sued for $11.4 Billion for Patent Infringement from

Stephen Moore represented Dr. Tafas and is now representing XPRT

The attorneys at Kelley Drye & Warren LLP are back at it making big news. You will likely recall that it was the attorneys of Kelley ...

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post image How One Community Member Earned Thousands for Patent Research from

The Article One team is proud to congratulate one of our Researchers, known as "Specialist", on winning our Study related to a social networking patent

Specialist submitted evidence (known as "prior art") that can show ...

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Novartis Challenges USPTO's Interim Procedure for Requesting PTA Recalculations from

By Donald Zuhn -- Last week, Novartis AG and Novartis Vaccines and Diagnostics, Inc. filed a complaint against U.S. Patent and Trademark Office Director David Kappos, seeking review of the Office's patent term adjustment ...

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Patents that Exhibit "Potential Vagueness and Suspect Validity" from

In eBay v. MercExchange (2006), the Supreme Court ruled that an adjudged infringer should only suffer permanent injunctive relief once the traditional four-factor test of equity had been satisfied. This general priciple was recently supported ...

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Misusing a patentee’s market power from

The Court of General Instance (formerly (?) the EU’s CFI) has upheld the European Commission’s ruling that AstraZeneca abused its dominant position in the market by practices designed to block or delay generic drugs ...

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Who owns the news? from

For those who didn’t make it to last week’s IPRIA / CMCL /MBS Cite seminar, the organisers have helpfully posted the videos and some of the slides.

Of course, from a purely legalistic point ...

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The "big sleeping dog" in patent reform arguments from

An "editorial observer" piece in the New York Times by Brent Staples titled
Cutting and Pasting: A Senior Thesis by (Insert Name)
was a thinking man's version
of facts put out in an earlier ...

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3D television and patents from

3D television is creating a lot of interest. There is an interesting article in the Daily Telegraph about a British family trying it out, raising a number of issues. The basic idea, of course, is ...

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Conception and Reduction to Practice from

In patent law, we often refer to the concepts of “coneption” and “reduction to practice.”  “Conception” refers to “formation in the mind of the inventor, of a definite and permanent idea of the complete and ...

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May trade in intangibles from

The May trade data released this morning was not good. The trade deficit increased to $42.3 billion, up from $40.3 billion in April. Exports grew by $3.5 billion in May while imports ...

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USPTO BPAI holds software claim patent-ineligible under Bilski from

 Twitter |  digg it |   delicious |   StumbleUpon |  reddit 

Mark Nowotarski (@patentbuzz on Twitter) posted a link today to what he described as the first post-Bilski BPAI rejection under 35 U.S.C. sec. 101 (holding the ...

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False Marking Claims Not Barred by Earlier-Filed Case Involving the Same Claims from

The court denied defendant's motion to dismiss plaintiff's false marking claim for lack of subject matter jurisdiction based on an earlier-filed case involving the same claims. "Defendant claims that a provision of the ...

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Copyright Termination: How Authors can Reclaim their Copyrights from

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. To help protect authors, the U.S. Copyright Act of 1976 provided for inalienable termination rights, rights unique to the United States. An inalienable ...

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New Climate Technologies Rarely Reaching Developing Countries, Panel Says from

Climate-friendly technologies are only rarely being transferred to developing countries, and then primarily to a small handful of emerging market economies, said the findings of a study presented today. That the changing global climate requires ...

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Trent Franks speaks out on "patent reform" from

Trent Franks identifies issues with the supposedly non-controversial change to "first to file":

First and most importantly, the Senate managers amendment changes the current patent process from our unique “first to invent” system to a ...

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Colorado Supreme Court justice victim of plagiarism from

Parts of Scott McInnis' "Musings On Water," prepared for the Hasan Family Foundation about the history of Colorado water rights were identical to a 1984 article written by current Colorado Supreme Court Gregory Hobbs.

All ...

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XPRT Ventures Sues eBay for $3.8 billion from

The following is excerpted from a July 13, 2010 Reutersarticlepublished at the NY Daily News:

EBay Inc. has been sued for at least $3.8 billion by XPRT Ventures LLC, which accused the ...

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In re Giacomini: Federal Circuit confirms use of provisional filing date as priority date from

Takeaway: In a case of statutory construction of § 102(e), the Federal Circuit confirmed the long standing PTO practice of using the provisional filing date as the effective filing date of a US patent or ...

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Federal Circuit copending filed same day from

In the recent case Encyclopaedia Britannica v. Alpine Electronics of America (2009-1544), the Federal Circuit held that each application in a chain of priority must contain a specific reference to all of the prior applications ...

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EU Commission Unveils Latest Patent Reform Proposal from

By James DeGiulio -- Earlier this year, we reported that the European Competitiveness Council unanimously adopted a legislative package designed to create a single EU Patent and EU Patent court (see "Europe Takes Step Closer to ...

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The Phoenix That Is S. 515 from

By Kevin E. Noonan -- "Politics," according to Otto von Bismarck, "is the art of the possible." And thus it is possible that a patent reform bill will, against all odds, be passed by this session ...

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