Patent & IP news for August 10, 2010

Patent Litigations



Patent & IP Blogs

post image Now you can win without even going to court from

The IPKat weblog is currently running a competition to mark this year's CIPA Congress, IP in the New Decade, which takes place in the Lancaster Hotel, London on 30 September and 1 October. The ...

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post image A menu fit for a ... patent attorney from

The IPKat is launching some new competitions this month. The first is in honour of this year's Chartered Institute of Patent Attorneys' (CIPA) Congress, IP in the New Decade, which takes place in the ...

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post image Part II of Patent Performance Discussion is Out from

Better Measures

The conclusion of my chat with Apple, IBM, Microsoft and H-P heads of IP business about how they measure success (the Intangible Investor 43), “Measures of Success, II,” is running in the ...

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post image Economic Recovery Platform Paving the Way for Patent Reform? from

With Congress on summer hiatus, and significant election uncertainty coming in the Fall, Patent Reform efforts are seemingly on hold (again). Still, last week, the USPTO was able to secure an additional $139 million in ...

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post image Citing Possible Bias, ACLU Asks Rader to Recuse Himself in Myriad Case from

With the U.S. Court of Appeals for the Federal Circuit set to consider a landmark case over the validity of human gene patents, attorneys for the plaintiffs in the suit are asking the court ...

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post image August/September Edition Of IP-Watch Monthly Reporter Now Available from

The Intellectual Property Watch Monthly Edition features top news on international IP policymaking, the latest on who is coming and going in the international IP community, news briefs and more. The August/September edition is ...

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post image 2 Ways to Reduce Open Innovation Risk: Convert the Naysayers and Bring on the Seasoned Veterans from

Open Innovation efforts are often perceived to result in inordinate risk to the organization. This doesn't have to be.

Open Innovation is risky.  It’s like letting a stranger in your house to see ...

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post image Spicy IPix: India's oldest trademark? from

Driving along the Bahut Rulaya Tumne* (aka BRT) Corridor in Delhi the other day, I spotted this taxi nudging me into the next lane. The photograph is admittedly grainy, and may not clear up even ...

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post image Blawg Review: Indigenous Peoples Edition from

Where once we were isolated legal students, practitioners, and academics who could share our thoughts only with those in proximity, blogging and social media have turned us all into a kind of “other memory” for ...

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post image Not A Golden Hour from

Golden Hour Data Systems sued emsCharts and Softtech for infringing 6,117,073. '073 claims integration of medical dispatch, clinical services, and billing. Trial went Golden Hour's way, but the district court afterward held ...

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Judge Newman Stands Up for Texas from

I’m not sure Chief Judge Rader will be invited back to Texas after this recent swearing-in ceremony.  Judge Newman stood up for Texas, though,  or at least for her law clerk: [Listen].

If you ...

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5 Basic USPTO Trademark Application Tips from

I recommend using a trademark attorney when filing a trademark application – the process is long, complex, and full of deadlines. Errors have the potential to limit or jeopardize your trademark rights, result in a void ...

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CAFC Denies Writ of Mandamus in PTO Interference Proceeding from

Allvoice sought a remand of the Holt application to the examiner for further prosecution or to issue an order requiring AVRS to show cause why judgment should not be entered against the Holt application. Without ...

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Fish: Plagiarism Is Not a Big Moral Deal from

Stanley Fish writes of plagiarism by students:

And if you’re a student, plagiarism will seem to be an annoying guild imposition without a persuasive rationale (who cares?); for students, learning the rules of plagiarism ...

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Court restores confidence in confidentiality from

Why, some readers ask, does the IPKat have so little to report on the subject of confidentiality? Isn't that also part of intellectual property law? Yes, it is -- but there's not always that ...

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The Internet Age: The Culprit for a Rise in Plagiarism? from

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. The New York Times has recently published an interesting article about academic plagiarism. Within the article, a couple of examples of plagiarism are provided ...

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Patently-O Bits and Bytes from

e-Office Action:

  • Thirty Percent (30%) of all patent correspondence is now communicated electronically. Up to three e-mail addresses can be identified for each pending application. Rather than sending paper, applicants receive an e-mail notification of ...

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Attack on manufacturing policy from

Today's Financial Times has an amusing attack on manufacturing policy from Jagdish Bhagwati. Why I find it amusing is that Bhagwati falls into the same that he accuses other of: unwarranted presumptions. He perpetuates ...

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Continuing Use of Accused Products Sold Prior to Notice of Patent is not Direct Infringement Sufficient to Support Claim of Indirect Infringement from

The court granted defendant's motion for summary judgment of no indirect infringement for the continuing acts of other defendants involving products sold by the moving defendant before it received actual notice. "[T]he Court ...

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Parliamentary Committee on Health tables report on issues relating to availability of generic medicines from

The Department Related Parliamentary Standing Committee on Health and Family Welfare has recently, on the 4th of August, placed its 45th Report before both Houses of Parliament. The report titled 'Issues Relating to Availability of ...

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FCBA Submits Amicus Brief on Motion for Recusal in AMP v. USPTO from

By Donald Zuhn -- Last week, the Federal Circuit Bar Association (FCBA) submitted an amicus curiae brief regarding the motion for recusal filed by Plaintiffs-Appellees in Association for Molecular Pathology v. United States Patent and Trademark ...

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Readership Survey closed: changes afoot from

The SpicyIP team thanks all of its readers for a fantastic response to our readership survey put out last month. We've received some incredibly valuable suggestions, ideas and comments, which we shall try to ...

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Douglas Kane, former Blago consultant, clueless from

Within a Chicago Tribune/AP piece titled Wis. GOP accuses senator of copying husband's work, one has the text attributed to Douglas Kane, husband of the accused plagiarizer:

"If it wasn't so stupid ...

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Mother of all Patent Trolls, Acacia Research, Gets More Funding from

Acacia Research Corporation (Nasdaq: ACTG), which in some circles is known as the mother of all patent trolls, announced today that a wholly-owned subsidiary has become the General Partner of the newly formed Acacia Intellectual ...

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WHO Declares Flu Pandemic Over; Experts Behind Response To Be Revealed from

The pandemic threat of the H1N1 or "swine flu" virus has now passed, World Health Organization Director General Margaret Chan announced today. Related Articles:

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Are your patent PDFs working for you? from

Here at Intellogist we tend to focus on strategies to find patents and prior art of interest, but working with individual patent documents can also be challenging.   Recently I started looking into which patent search ...

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Recent Experiences of Chinese Companies at Exhibitions in Germany from

The following is excerpted from apresentation by Heinz Goddar and Carl-Richard Haarmann of Boehmert & Boehmert available at Baidu:

Legal Pitfalls of Exhibiting in Germany

  • In order to exhibit products in Germany you first need ...

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Indian Bayh Dole and Transparency in Public Research from

CH Unni of the Mint has a succinct report of the Parliamentary Committee Report that we blogged on yesterday. In particular, he stresses on the "transparency" norms that the Committee has asked the government to ...

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CBS News Highlights Growing Backlog at the U.S. Patent & Trademark Office from

“The backlog is indeed our biggest problem.” ~ USPTO Director David Kappos

CBS News ran a story on Sunday on the growing backlog at the U.S. Patent & Trademark Office. Since the federal patent agency was ...

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How Do Economic Downturns Affect Patent Litigation? from

In the arena of patent litigation, two competing theories attempt to explain how the macroeconomic environment influences motives to file suit. On one hand, the decline in revenues associated with falling demand encourages firms to ...

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Golden Hour at the CAFC: selective disclosure might be a problem from

Inequitable conduct was one issue in the CAFC decision in Golden Hour vs. EMSCharts. The actions in question were those of a senior patent agent named Michael Fuller at Knobbe Martens.

The CAFC noted:

On ...

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The Golden Rule: Divided We Stand from

Juries don’t always have the last word. Following trial in the Eastern District of Texas, Judge Ward threw out a jury verdict of infringement and granted judgment as a matter of law for the ...

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