Patent & IP news for July 21, 2010

Patent Litigations



Patent & IP Blogs

post image The bare facts and the Naked truth from

The silly season -- usually some time around August when there's no real news -- has come early this year, according to this little snippet from the New York Times (the IPKat thanks his friend and ...

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post image Patenting by Entrepreneurs: The Berkeley Patent Survey (Part III of III) from

Guest Post by Robert Merges and Pamela Samuelson, UC Berkeley School of Law; Ted Sichelman, University of San Diego School of Law

In our previous post, we discussed some of the major findings from the ...

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post image Lots of Support at Patent Office Three Track Public Meeting from

Yesterday the United States Patent and Trademark Office held a public meeting on the so-called Three Track examination proposal, with everyone in agreement that the proposal is quite welcome, at least in principle.  On June ...

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post image EPO: hearings in "broccoli and tomato cases" from

German newspapers today report of protests outside the EPO building in Munich yesterday relating to a Broccoli patent? What is going on? News reports state that farmers and Greenpeace activists were among those protesting arguing ...

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post image What's so bad about "business method" patents? Small PR firms "goosed" by a patent on press releases from

Those who have read the U.S. Supreme Court’s Bilski decision know thatit involved a big "almost"— a four-justice minority that wanted to ban business method patents. While that's an ill-defined term ...

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post image Never mind the golden rabbits, what about the Golden Balls? from

Readers will recall a recent report on this weblog concerning the battle faced by London-based small business operators Gus and Inez Bodur to protect their GOLDEN BALLS Community trade mark application, for goods in Nice ...

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post image A low patent count portfolio strategy? from

At the beginning of 2010, business consulting company Frost & Sullivan awarded their Entrepreneurial Company of the Year award to EVO Electric Ltd, a spin-out from Imperial College London in the field of green automotive technology ...

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post image Bad Apple! BPAI Rejects Apple Patent Reissue on Equitable Principles from

CAFC to Decide Prosecution Laches in Patent Reissue

Earlier this year we discussed the Ex Parte Tanaka decision of the Board of Patent Appeals & Interferences (BPAI) with respect to “bullet claims”  in patent reissue, now ...

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post image Wednesday whimsies from

If you're thinking of signing up for this year's IP Law Summer School there's still time. Organised by Informa, this long-established programme is a popular, fully residential course for junior IP lawyers ...

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USPTO Seeks Comments Regarding 2010-2015 Strategic Plan from

By Donald Zuhn -- In a notice published in the Federal Register earlier this month (75 Fed. Reg. 39493), the U.S. Patent and Trademark Office announced that its draft strategic plan for FY 2010–2015 ...

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Trolling in cleantech-Paice & Toyota settle from

It’s been a matter of debate for a while whether or not patent trolls would be allowed to impact the introduction of clean and green technologies, and whether or not, morally and legally, pure ...

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MSD leaves Netherlands R&D Facility, Compulsory License an Option? from

MSD recently announced it will close down the Organon research & development facilities in Oss, near the Netherlands university of Nijmegen. This came as a shock to many in the Netherlands. The departure of Organon is ...

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Does your IP due diligence consider copyright termination? from

When performing intellectual property due diligence in connection with a corporate acquisition, a frequently overlooked question is whether any of the company’s copyrights may be subject to termination at some point in the future ...

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Location of Manufacture and Decision to Mark Weigh Heavily on Venue Analysis for False Marking Claims from

The court granted defendants' motions to transfer venue plaintiff's false marking actions. "[T]he markings on the concerned products and Defendants’ intention with respect to marking the products with expired patents are the central ...

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Unemployment insurance and the transformation of the US economy from

After much maneuvering, the Senate is set to vote on an extension of the unemployment benefits - with the House to rapidly follow. (HR 4213 that also includes a number of tax break extenders -- see stories ...

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Federal Court of Appeal rules that ISPs are not “broadcasters” from

Stu Freen is a JD candidate at Osgoode Hall Law School The Federal Court of Appeal recently released a decision holding that Internet Service Providers (ISPs) are not considered to be broadcasters within the meaning ...

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False Marking Action Dismissed Where Another qui tam Relator had filed an Earlier Suit Against Defendant from

The court granted defendant's motion to dismiss plaintiff's false marking action for lack of standing where another qui tam relator had filed an earlier suit against defendant. "While Plaintiff acknowledges that the technology ...

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They Invented What? (No. 177) from

U.S. Pat. No. 4,656,917:  Musical instrument support.

JW Note:  We make note of the inventor named on the patent – Mr. Edward L. Van Halen.  Rock on!


What is claimed is:

1. A ...

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International Experts See Backswing In Pendulum Of Biological Patenting from

MUNICH – Some experts in Europe are coming to agreement that a tipping point might have been reached with regard to biological patents. At a conference organised this week by the “no patents on seeds” initiative ...

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SpicyIP Jobs: Opening at the University of Leuven for doctoral researchers in law and economics from

The Centre for Intellectual Property Rights, (CIR) and the Department of Managerial Economics, Strategy and Innovation (MSI) of the University of Leuven, Belgium has an exciting opening for a doctoral researcher in law. The advertisement ...

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Slattery v. U.S. from

On July 8th, 2010, the Federal Circuit sat en banc to consider the Hyatt v. Kappos case.  On that same day, the court also sat en banc in a case appealed from the U.S ...

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Diversity and Thinking Outside the "Law Firm" Box from

Many of us have lamented the fact that although the "national law schools" have churned out very gifted lawyers, we've lost almost all of them to law firms. It is but natural that many ...

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699,000 from

Remember that number.

The current new case backlog at the Office is 735,000.

The Office has initiated an effort to reduce the new case backlog to 699,000 by the end of the fiscal ...

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Court Reconfirms Sinorgchem's Non-infringement from

The following is excerpted from a July 21, 2010 Sinorgchempress releasepublished at PR Newswire:

Concluding a five-year legal dispute with Flexsys America L.P., the U.S. District Court in Ohio recently entered ...

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Plurality each different claim from

Takeaway: The Examiner interpreted "assigning an identification number to each of a plurality of micro-operations" as reading on assigning the same identifier to all operations. The Board agreed with this construction, finding that the claim ...

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Apotex Establishes Declaratory Judgment Jurisdiction in Lipitor Patent Challenge, Threatening the Pfizer-Ranbaxy Settlement, but Pfizer Reloads from

Pfizer Inc. et al. v. Apotex Inc. et al., No. 08-7231 (N.D. Ill. 2010)

The litigation between Pfizer and Apotex over Apotex's ANDA for a generic version of Lipitor (atorvastatin calcium) presents the ...

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