Patent & IP news for August 2, 2010

Patent Litigations



Patent & IP Blogs

post image IP Tsar: is it worth a try? from

Writing in The Lawyer today ("Opinion: UK economy needs an IP tsar"), Mark Owen is one of the first folk in the IP field to assess the UK intellectual property landscape after the axing of ...

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post image Patent Law Blog (Patently-O) from

Becton, Dickinson and Co. v. Tyco Heathcare Group (Fed. Cir. 2010)

Tyco appealed a jury verdict that its safety needles infringed BD’s US Patent No. 5,348,544.  The claims require a “spring means ...

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post image From the Journals of Tobias Grubbe, scribe from

For those with a slightly quirky sense of humour, and for those who are curious to see how new format for the exploitation of intellectual creations can be made to work with some of the ...

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post image U.S. Based Filers Dominate Patent Reexamination from

(click to enlarge embedded images)

Patent reexamination has evolved into a highly effective risk management tool for organizations faced with potential patent infringement liability. This post grant review mechanism of the USPTO is increasingly employed ...

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post image Olympic Sponsors: There's One Left (Just For You) from

I have been thinking about the big picture lately. Maybe that is what happens when you are about to pack your daughter off for a 10,000 mile journey to begin graduate study ("in a ...

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post image Nutritional Dietary Supplement Trademark & False Designation Lawsuit from

Santa Ana, CA - Nutrivita is a dietary supplement distributor, including the Arthro-7 nutraceutical supplement which is advertised as alleviating joint pain. The Arthro-7 trademark registered with the USPTO on October 24, 2000.

Plaintiff alleges that ...

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post image Speaker Eric van Ginkel is presenting at the Annual ABA Conference on Friday August 6th! from

Greetings IP ADR Blog readers!

Mediator, Arbitrator and Adjunct Professor of Alternative Dispute Resolution at the Straus Institute for Dispute Resolution will be a panelist at the Annual ABA Conference on Friday August 6 from ...

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post image The marketing of octopus Paul from

Our readers may remember Paul (left), the psychic octopus, who became a global sensation when he correctly predicted the outcome of all Germany games in the recent football World Cup as well as the result ...

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post image Monday miscellany from

What better way to get the new week off to a wonderful start than to indulge oneself with the delights of a freshly-published UK patent. The IPKat is much obliged to his friend Ilya Kazi ...

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post image BioOhio Annual Conference Goes On The Road For 2010 from

BioOhio Annual Conference “Innovation Road Show”

This year BioOhio has decided to take its annual conference networking and learning experience around the state.  At each 1-day event, the focus will be on innovation… defining it ...

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post image Recent trademark registrations from

Here is another sampling of recent registrations our clients have received from the USPTO, so readers can see real examples of brands and marks which are being protected:

(These are all public records – click on ...

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Conference & CLE Calendar from

August 5, 2010 - "Patent Term Extension: The Next Chapter" (Intellectual Property Owners Association) - 2:00 PM (EDT) August 5-10, 2010 - 2010 ABA Annual Meeting (American Bar Association) - San Francisco, CA August 11, 2010 - "Bilski: Implications ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cima Labs, Inc. et al. v. Mylan Pharmaceuticals Inc. 1:10-cv-00117; filed July 28, 2010 in ...

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中国防火长城:网络审查何时会违反世贸组织规则? from

中国政府认为自己的行动符合其公民的最佳利益。它正在规范互联网,以保护其人民不受色情和其他令人生厌内容的危害。然而,批评者声称,中国大幅限制大陆居民可以网上观看、听闻和言论的东西,因此犯了审查过分之过。 Related Articles:

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Interview Exclusive: USPTO Director David Kappos from

In this interview Kappos discusses with me his management style, his famously long hours, how he manages to inspire the Office to work harder than ever before, his efforts to get funding for the Office ...

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Sun Pharmaceuticals v. Eli Lilly: obviousness-type double patenting in the pharmaceutical context from

Sun Pharmaceutical Industries, Ltd. v. Eli Lilly and Company (Fed. Cir. July 28, 2010)

By Jason Rantanen

Double-patenting issues arise when two commonly owned applications cover the same or similar inventions.  The issues in this ...

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“Use in commerce” under trademark law requires sale or transport of goods; mere press releases not enough, says Eighth Circuit from

IP attorneys recognize that “use in commerce” is an critical aspect of trademark law.  In order to obtain federal trademark registration, 15 U.S.C. 1051 states that the registrant must demonstrate use of the ...

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Failure to Reverse-Engineer Accused Products Threatens Infringement Claims from

The court denied defendant's motion to dismiss plaintiff's claims as a sanction for serving inadequate infringement contentions, but ordered plaintiff to amend his infringement contentions a third time or face a dismissal sanction ...

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Green issues and Inventing the 21st Century exhibition from

I recently posted on our Inventing the 21st Century exhibition, which opens on the 6 September in London. This is about those that involve green issues. Of the fifteen products that were chosen, some...

(From ...

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Putting Bilski to Bed from

In what we hope will be our final word on the Supreme Court’s recent opinion in the Bilski case—discussed previously here—we note that the U.S. Patent and Trademark Office has issued ...

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Coverage Of Anti-Counterfeit Policy Debate Varies Widely Across Global Media from

Are counterfeit products first and foremost a threat to human health and safety or is provoking anxiety just a clever way for wealthy nations to create sympathy for increased protection of their intellectual property rights ...

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Ignoring Non-Patentable Elements While Judging Novelty from

By Dennis Crouch

The Federal Circuit offers some clues to its post-Bilski patentable-subject-matter jurisprudence, but leaves that fight for another day.  Instead, the court held the claims anticipated by explicitly ignoring novel claim elements.

* * * * *

King ...

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Generic Aricept® (Donepezil) – Losing Key Patent Protection from

The following is excerpted from a July 30, 2010 press release:

GenericsWeb, a leader in established pharmaceutical patent searching and analysis, recently published an article based on its proprietary patent intelligence for Aricept® (Donepezil), the ...

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An Update on USPTO’s FY 2010 Spending Authority from

Today I'm happy to report that something really important and positive happened last week; something that should brighten the perspective of everyone who cares about innovation, intellectual property, and the operations of the USPTO ...

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The draft e-Governance Policy and its implications on patent law in India from

A look at the draft e-Governance policy and its implications on patent law in IndiaThe Department of Information Technology (DIT), Government of India (GoI) recently came out with a draft (V1.1)  Policy on ...

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The Miazaki Case: Raising the Bar for the Clarity of Patent Claims from

A senior patent examiner at the USPTO in a phone interview recently stressed the precedential BPAI case, Ex parte Miyazaki, Appeal No. 2007-3300 (BPAI 2008). In this interesting case, the Board had trouble with the ...

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