Patent & IP news for July 15, 2010

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Patent & IP Blogs

post image E.D. of TX Rejects Design Patent Point of Ornamentality Test from

Fig. 1, the only figure in D498322

In a recent decision, the Eastern District of Texas has clarified the proper role of functionality in claim construction for design patents. By statute, design patents must be ...

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post image Guest Post: Purpose-bound patent protection and lessons for India by Dr Rca Godbole from

Spicy IP is pleased to bring you a special guest post on a recent decision of the European Court of Justice on a DNA patent held by global seed company Monsanto, which has raised some ...

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post image All threats, no action ... from

When is a threat not a threat? This was the question before the court in Best Buy Co Inc and another v Worldwide Sales Corporation Espana SL [2010] EWHC 1666 (Ch), in a case decided ...

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post image Tulips and Tax Benefits in the Netherlands from

Though the Dutch did not win the World Cup final this past weekend, they have succeeded in another area: enticing IP investment with strong tax incentives for companies undertaking R&D.; Formerly known as the ...

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post image The Post-Bilski landscape: Why some tried, but failed, to ban "business method" patents from

It’s not a stretch to say that many members of the patent bar were relieved when the U.S. Supreme Court finally issued its decision in Bilski v. Kappos late last month. Considering that ...

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post image Nick Godici Part 3: Funding Crisis ‘09, Furloughs & Fun Stuff from

Nick Godici

Nick Godici, the former Acting Director of the United States Patent and Trademark Office, sat down with me on Tuesday, June 29, 2010, for an extended interview. Nick is one of a select ...

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post image USPTO Extends Comment Period for Draft Strategic Plan from

WASHINGTON– The United States Patent and Trademark Office (USPTO) announced that the period for receiving public comments regarding the agency’s 2010-2015 draft Strategic Plan has been extended until August 2, 2010. The extension has ...

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post image Another referral to the EBO: Allowability of disclaimers from

There has been another referral to the EBO, and this one is not even on the EPO's website yet (thank you, Simon Roberts, for the pointer!). This one promises to be interesting - it concerns ...

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post image Pre-release UNCITRAL IP Supplement now out from

Last Friday this weblog published this short piece announcing the adoption of the UNCITRAL Legislative Guide on Secured Transactions, Supplement on Security Rights in Intellectual Property. We've now heard from Spiros V. Bazinas (Senior ...

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post image PatLit: tell us what you think from

PatLit has been running for a little over two years now. During this time it has focused fairly firmly on patent dispute resolution issues. At the time of writing this article, the weblog has 554 ...

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post image IP Lawyers: Enough about Bilski Already! Instead, Start Spending Time on Things that Create Value for Your Clients from

The response to Bilski demonstrates that IP Lawyers are attracted to star power just like most everyone else

Clear your calendars!  Bilski was decided just a few weeks ago, and already the schedule is filled ...

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post image Some culinary IP news.... from

Some culinary IP news....

First from Sweden: Swedish online publication "The Local" reports that Lindahls dairy in Jönköping, Sweden, has paid a 77 year old Greek man the settlement sum of about two million Swedish ...

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Journal Examines Effects of Patent Reform on Medical Innovation from

By Donald Zuhn -- The journal Medical Innovation & Business has devoted its summer issue, which was released last month, to an examination of the effects of patent reform on medical innovation. The periodical has assembled a ...

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Huffington Post Provides Latest Anti-gene Patenting Soapbox from

By Kevin E. Noonan -- The Internet over the past decade has given rise to a wide variety of "alternative media" outlets, including for example Slate, The Drudge Report, The Huffington Post, and arguably blogs like ...

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Class actions and antitrust from

Following on from the post earlier this week about the findings that AstraZeneca had misused its market power in the EU over Losec, the Full Federal Court in Australia (Moore, Jessup and Dodds-Streeton JJ) has ...

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"14 Obvious Inventions" from

In a post with the oxymoronic title Why Didn't I Think Of That? 14 Obvious Inventions You Could Have Easily Thought Of, the Huffington Post leads off with the "bottle opener remote" [a combination ...

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KFC coupon incident: plausible claim for common law fraud from

KFC and its owner Yum! Brands Inc. failed to get a dismissal of the fraud case against them related to the coupons, promoted by Oprah, for a free Kentucky Grilled Chicken meal, which included two ...

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Leahy trying a trick on S.515 (patent reform)? from

Patent Docs suggests Senator Leahy is trying a tricky maneuver to get S.515 passed:

But that is only if Senator Patrick Leahy (D-VT) is successful in sneaking the bill into the Small Business Loan ...

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Increasing disclosure on intangibles from

Yesterday, the SEC issued a "concept release" on the issue of shareholder proxy voting. According to a story in the Washington Post earlier this week, action is part of a broader move to increase transparency ...

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‘Operation In Our Sites’ from

Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School On the morning of July 1st a common thread rippled throughout my email inbox; the topic related to movie ...

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Brazil’s Discussion On Copyright Law Reform – Response To The Digital Era? from

Brazil is actively engaged in a cutting-edge debate over reform of its copyright law, involving issues such as the abuse of copyright holders and constructive exceptions in the law (like copying for education and/or ...

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Libraries to slowly go digital? from

With the bold article title of “Stanford Ushers In The Age Of Bookless Libraries,” (and accompanying Morning Edition story) NPR has sparked a miniature wildfire on the Internet, mainly from tech blogs interested in reporting ...

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Provisional Patent Applications from

The number of provisional patent application filings continue to rise.  Well over 100,000 provisional patent applications have been filed each of the past five years.

For many, provisional applications are seen as a low-cost ...

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Judicial Economy and Risk of Inconsistent Claim Constructions Warrant Transfer of Venue from Eastern District of Texas from

The court granted defendants' motion to transfer venue in part because the existence of related cases in the transferee forum would promote judicial economy and avoid inconsistent claim constructions. "Given the history of the litigation ...

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News From ACTA Negotiations from

The ninth round of negotiations on the proposed Anti-Counterfeiting Trade Agreement (ACTA) was held in Lucerne, Switzerland, from June 28 to July 01, 2010. After the eighth round of negotiations on ACTA held in Wellington ...

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Federal Circuit Revamps Web Site from

The Federal Circuit revamped its web site today with a new look and new functionality.  One of the nice new features is that the most recent oral arguments are listed on a page. 

The opinions ...

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Gilead Sues Lupin In Patent-Infringement Case Over Generic Drug from

The following is excerpted from a Dow Jones Newswires July 14, 2010itemby Kathy Shwiff at FOX Business:

Gilead Sciences Inc....sued Lupin federal court in New Jersey,accusing the Indian generic-drug ...

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USPTO to Work with Google to Make Patent Data Available to the Public from

By Sydney Kokjohn -- In a press release issued June 2, 2010, Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office David Kappos announced that the USPTO would work with Google ...

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USPTO Issues Memo to Examiners on Bilski Decision from

By Sydney Kokjohn -- On June 28, 2010, the Acting Commissioner For Patent Examination Policy, Robert W. Bahr, issued a memo to USPTO examiners regarding the Supreme Court's recent Bilski v. Kappos decision. Commissioner Bahr ...

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Biotech/Pharma Docket from

By James DeGiulio -- Unigene Secures Ruling of Infringement against Apotex in Fortical Patent Suit Unigene successfully reinstated an earlier 2009 opinion that its two patents for Fortical nasal spray were valid and infringed by Apotex ...

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