Patent & IP news for August 4, 2010

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post image BPAI Applies an Implied Claim Construction in Patent Reexamination Appeal from


BPAI Affirms Claims of Expired Patent in Ex Parte Reexamination

The rejection of all claims (save 25, which was confirmed) of expired Patent 4,925,294, (hereinafter, “‘294 Patent”) owned by Three-Dimensional Media Group LTD ...

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post image Berenika Depo from

The IPKat is shocked and saddened to learn of the sudden and unexpected passing of his very good friend Berenika Depo earlier today.
A partner in the Warsaw-based intellectual property practice of LDS Łazewski Depo ...

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post image Corporate Business Leaders: Want to Create Value from Your IP? Stop Making it Your Lawyer’s Problem. from

IP lawyers should provide their business teams with guardrails, not roadblocks.

One of the biggest complaints I get from corporate innovation and product development professionals is how risk averse their lawyers tend to be about ...

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post image Rogue seal runs rampant in wiki world: FBI on the case from

The IPKat has probably blighted his standing among US law enforcement officers forever by reporting this, but the BBC got there first with "Wikipedia and FBI in logo use row", posted yesterday on that august ...

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post image Breaking news: Google keyword policy change from

The IPKat has learned from impeccable sources that internet search-and-advertise giant Google is to change its keyword policy for all of Europe, taking the opportunity to harmonise practice, aligning the United Kingdom and Ireland with ...

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post image Are Patents Relevant? from

The more fundamental question in economics is whether inventions have any economic impact.  There is no role for inventions in classical economics[1], which focuses mainly on disruptions in supply and demand.  Marxist believe that ...

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post image Wednesday whimsies from

Appointment of an IP Tsar: is this a meaningless gesture or a vital step towards resolving IP problems at national level? Monday's post on the subject has sparked off quite a bit of debate ...

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post image Confessions of a Trademark Junkie from

It’s been awhile since I’ve provided commentary on the blog but after attending a local marketing presentation, I just had to share my two cents about the event. 

“Hey Emily!  What are you ...

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Divorce and Patents from

Enovsys v. Nextel (Fed. Cir. 2010)

Mundi Fomukong is a co-inventor of the patents-in-suit. At the time of the invention, Fomukong was married to Fonda Whitfield. Sometime after the first patents issued, Fomukong and Witfield ...

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Reviving manufacturing from

After years of neglect, manufacturing has become a hot topic in policy making circles. Today's Washington Post notes how the jobs debate has attention (New Democratic strategy for creating jobs focuses on a boost ...

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Second False Marking Suit Involving the Same Product But Different Patent is not Duplicative from

Defendant's motion to dismiss plaintiff's false marking action under the first-to-file rule where defendant had been sued six weeks earlier in another forum was denied. "While the Pennsylvania Action also alleges mismarking of ...

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Kozinski KO's Barbie from

Mattel employee, Carter Bryant, developed Bratz dolls,
which seemed similar to Mattel's Barbie. While still employed by Mattel,
Bryant pitched his idea for the Bratz line of dolls to two employees of MGA
Entertainment ...

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Behind the Scenes: The USPTO Senior Staff from

On July 19, 2010, I was granted behind the scenes access to observe the United States Patent and Trademark Office. From 11am to 7pm I trailed David Kappos, the Undersecretary for Commerce for Intellectual Property ...

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Prosecution History Estoppel from

  • Where an amendment narrows the scope of the claims, and that amendment is adopted for a substantial reason related to patentability, the amendment gives rise to a presumption of surrender ...

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Marctec: prosecution history estoppel from

from the case:

Limitations clearly adopted by the applicant during
prosecution are not subject to negation during litigation, on
the argument that the limitations were not really needed in
order to overcome the reference. When ...

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Taco John’s claims rights in tacotuesday from

The “Taco Tuesday” battle exploded on Twitter, NewsOK, Fox 25 News, and even Facebook and continues to do so today.  Taco John’s owns U.S. Trademark Registration No. 1,572,589 for the mark ...

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They Invented What? (No. 178) from

U.S. Pat. No.5,904,268: Mug incorporating a simulated artificial horizon.

JW Note:  For those aviation enthusiasts in our readership.


I claim:

1. A novelty drinking vessel comprising: 
          a liquid receptacle having a ...

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Calculating Damages from Patent Infringement from

IncreMental Advantage is hosting the above-titledseminar:

Patent assertion is a high stakes game. When tens or hundreds of millions of dollars are at stake, you must make the most powerful argument possible in seeking ...

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Gene Patents on Appeal: ACLU's Recusal Motion from

Association for Molecular Pathology (AMP) and the American Civil Liberties Union (ACLU) v. United States Patent and Trademark Office (USPTO) and Myriad Genetics (Myriad) (Fed. Cir. 2010)

In a May 2010 decision, Judge Sweet of ...

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Liebel-Flarsheim Acknowledged from

Judge Dyk acknowledged the role of Liebel Flarsheim v. Medrad when construing patent claims.  Judge Dyk’s dissenting opinion today in Intervet, Inc. v. Merial Ltd., 2009-1568 (Fed. Cir. Aug. 4, 2010) stated in-part:

I ...

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The Medicines Company Prevails in Patent Term Extension Dispute from

By Kevin E. Noonan -- Yesterday, Judge Claude M. Hilton, District Court Judge for the Eastern District of Virginia, handed The Medicines Company (MDCO) a victory in its long-standing dispute with the U.S. Patent and ...

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Merial wins over Intervert at CAFC: pigs and things from

The outcome, in summary-->

Because we agree with Merial that the district court
erred in its construction of two disputed claim terms, we
reverse the district court’s claim construction, vacate the
judgment of noninfringement ...

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