Patent & IP news for August 9, 2010

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post image PATENTSCOPE® Provides Machine Translation of Descriptions and Claims of Patent Documents from

The World Intellectual Property Organization (WIPO) is reporting here that thanks to a better integration of Google Translate within PATENTSCOPE ®, it is now possible to translate the description and claims of patent documents in all ...

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post image Former Administrative Patent Judge Lee Barrett Joins the Oblon Patent Reexamination Team from

A bit of self promotion on this otherwise uneventful Monday….

Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. is proud to announce that Lee E. Barrett has joined the firm as Of Counsel. Mr. Barrett ...

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post image Patent Search Add-on for Firefox: Aspator from

The United States Patent and Trademark Office (USPTO) web page is not very user friendly when searching for prior art patents. But I found an add-on for Firefox called Aspator that makes it much friendlier ...

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post image Kruse Asserts Diesel Engine Patents Against More Big Automakers from


Kruse Technology Partnership (”Kruse”) is an Anaheim, California partnership that owns several U.S. patents relating to its higher efficiency and cleaner burning diesel engines.

In previous posts (here, here and here) I discussed infringement ...

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post image What no consumer could reasonably misled into thinking from

Never one to think harsh thoughts about large and successful brand-owning international corporations, the IPKat wondered, on reading the title "The Dark Side of Vitaminwater", what on earth it could be about. A long time ...

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post image The Times Square Factor from

In New York City’s Times Square, tourists wander amidst theme restaurants and Broadway theaters, all under the glow of bright lights, electronic tickertapes, video advertisements and huge spot-lit billboards. Years past have seen globally-recognized ...

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post image Court Denies GT’s Motion To Dismiss Coca Cola’s Trademark Infringement Counterclaims from

Santa Ana, CA – GT Beverage Company sued The Coca Cola Company seeking Court judgment that its sports-themed shaped bottles did not infringe Coke’s trademark and design patent. Details blogged here. Coke filed counterclaims for ...

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post image What would be a good day to file a suit for patent infringement? Did Bajaj get it right? from

Shamnad recently carried a post on Justice Murlidhar's judgment in the case of Dr. Snehalata v. UoI. The controversy in that case was as to the 'date of grant' of patent. In his order ...

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post image Indian "Bayh Dole" and a Painful End to the Pursuit of Pleasure from

The Parliamentary "Standing" Committee wound up its various "sittings' on the much maligned Indian "Bayh Dole" Bill and the report is finally out!

The report was recently placed before both Houses of the Indian Parliament ...

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CBS News does piece on USPTO problems from

In a piece on 8 August 2010 titled Patent Backlog Frustrates Inventors, CBS News discussed problems at the US Patent Office. Director Kappos was quoted:

"The backlog is indeed our biggest problem. It represents innovations ...

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Are You a Small Entity? from

Under PTO rules, a “Small Entity” is entitled to pay certain PTO fees associated with patent prosecution at a reduced rate, usually 50%.  As the PTO raises filing and post-issuance fees, it is important to ...

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Parts of a new economic strategy from

Over the weekend, there were a couple of stories on ways to revive the economy. In an op-ed in the New York Times, "The Economy Needs a Bit of Ingenuity", Noble Laureate Edward Phelps talked ...

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Inequitable conduct overturned by CAFC in Ring Plus from

The outcome of Ring Plus v. Cingular Wireless at the CAFC was

For the following reasons, we reverse
the judgment of unenforceability, affirm the grant of
summary judgment of noninfringement, and affirm the
denial of ...

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On first mover advantage from

The entry for CBS in wikipedia includes the text:

It has also been called the "Tiffany Network", which alludes to the perceived high quality of CBS programming during the tenure of its founder William S ...

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Intellectual Property Watch Thanks You For Your Support from

Dear Readers, Intellectual Property Watch would like to thank all of you who responded to our first-ever call for help with a show of support from a range of sectors over the past few weeks ...

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False Marking Plaintiff Lacks Standing Absent "Concrete, Particularized Injury" to United States from

Defendants' motion to dismiss plaintiff's qui tam false marking action for lack of standing was granted. "In the current action, Plaintiff fails to allege any cognizable injury to the United States or the public ...

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SpicyIP Tidbit: Supreme Court bats away Bayer-Cipla case to the 310th of November, 2010 from

The Bayer-Cipla, patent-drug regulatory linkage case which was scheduled to be heard on the 2nd of August, 2010 has now been batted away to the 30th of November, 2010. In the highest traditions of the ...

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Is the mention of a reference in the Background a “disclosure”? from

Have you ever run across a patent that discusses a prior art reference in the Background of the patent; but, in looking at the References Cited section of the patent as well as the file ...

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Therasense, Inc. v. Becton, Dickinson & Co. -- Briefing Schedule Update from

By Donald Zuhn -- In April, the Court of Appeals for the Federal Circuit decided that the appeal in Therasense, Inc. v. Becton, Dickinson & Co. warranted en banc consideration, and asked the parties to brief ten ...

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Spansion Files More Infringement Suits Against Samsung from

The following is excerpted from an 8/6/2010 article atEE Times:

Flash memory supplier Spansion Inc. Friday (Aug. 6) said itfiled three additional complaintsalleging patent infringement by South Korea's Samsung ...

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Patenting Software: The Business Responsible Thing to Do from

Whether the "open source means free" community ever chooses to acknowledge it, the truth is that a patent is a business tool; an asset. If you are serious about being in business in the software ...

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NO JOINT INFRINGEMENT despite Strategic Partnership, Joint Distribution Agreement, and Packaged Sales from

By Dennis Crouch

Golden Hour Data Systems, Inc. v. emsCharts, Inc. and Softtech (Fed. Cir. 2010)

Opinion by Judge Dyk and joined by Judge Friedman. Dissent by Judge Newman.

After trial, Judge Ward (E.D ...

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Apple's 20100198453, the bicycle application from

On August 5, 2010, there were 35 US patent applications published which contained the word "bicycle." One of them was
US 20100198453, assigned to Apple, titled Systems and Methods for Integrating a Portable Electronic Device ...

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Judicially neutered scarecrows? from

So said the dissent in a case involving New Jersey's "affidavit of merit" requirement in medical malpractice cases.

A post by the amednews included the text:

The case, Ryan v Renny, was the first ...

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Wanted: Wooly Willy aka Frank the False Marker from

Walk into any Cracker Barrel Old Country Store and take a step back in time. The walls and ceilings are covered with antiques of all sorts, from kitchen utensils to farm implements. Scattered on the ...

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Swear behind example from

Takeaway: For an example of a swear behind (§ 1.131) declaration that the BPAI found convincing, see the reexamination appeal decision Ex parte Note this one is an actual reduction to practice case ...

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CAFC: Inconsistent Characterization (and Partial Disclosure) of Disputed Prior Art May Lead to Inequitable Conduct from

Golden Hour Data Systems, Inc. v. emsCharts, Inc., No. 2009-1306 (August 9, 2010)

Golden Hour filed a patent application directed to computerized systems and methods for information management services in connection with emergency medical transport ...

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IPAB, Pre-Grant Oppositions and the Onset of a "Heard" Mentality from

A wonderful order by the Madras High Court affirming the UCB vs Farchim decision that pre-grant rejections can be appealed--as the rejection is effectively made under section 15 of the Indian Patents Act. However, the ...

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