Patent & IP news for August 16, 2010

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post image Contents versus Distribution: Nothing New Under the Copyright Sun from

Why is it that the current issues facing Sony are simply another instance of the basic challenge that has characterized the commercialization of contents since the emergence of the printing press and the rise of ...

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post image Sports Trademark & Logo Coalition Sued For Trademark Declaratory Relief from

San Diego, CA – The Coalition to Advance the Protection of Sports logos (“CAPS”) protects and enforces the trademarks and logos owned by the NBA, MLB, NFL, NHL, and Collegiate Licensing Company. CAPS sent a cease ...

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post image From Independence to Inter-dependence: Some thoughts (and belated wishes) from

Belated independence day wishes to all our readers. I meant to put up something yesterday, but faced some inevitable delays.

Since I couldn't locate a direct India IP link to peg to this years ...

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post image Diffusing the Risk of Inter Partes Patent Reexamination from

USPTO statistics demonstrate that Patent Owner’s fair much better in ex parte patent reexamination as opposed to inter partes patent reexamination. Current statistics indicate that all claims are canceled in patents subject to ex ...

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post image Monday miscellany from

"How to write an effective IP press release". Bookings for the IPKat's forthcoming two-hour seminar on the theory and practice of this challenging topic are filling up nicely. The seminar runs first on Tuesday ...

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post image Two titles on patents from

Patents are the theme of this little note on recent publications, with a sub-theme of "something old, something new".
The "something old" is the second edition of The Modern Law of Patents, some five years ...

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Time to Run Background Checks? from

Two recent decisions from the Federal Circuit warn that misstatements in the background section of a patent application can constitute "misrepresentations of material fact" that can support a finding of inequitable conduct. These cases may ...

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Finding intangible assets in resource-based companies from

People don't normally think of resource aka mining) companies as having valuable intangible assets. After all, their strength is in the natural resources they control, right? Wrong! From Rick Mills at Resource Investor, here ...

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Moving Out and Moving Up: HTI IP Transfer Order and JMOL Rulings for Soverain from

In last week’s news round up from the Eastern District of Texas’ patent docket, there are at least two items of interest for past readers of this blog.

First, in HTI IP v. DriveOK ...

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New Apple Patent Application: Generating a Book from

Tweet of the week

Thanks to @ifones for tweeting this week about how Apple may take on a new role in video gaming if its latest patent application, published by the U.S. Patent and ...

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Netbooks: the next big thing that wasn't from

An innovation is something that changes the way we live. Netbooks didn't do the trick.

Hey, remember netbooks? They're what all the tech geeks were talking about before the iPad ...

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The Hulu IPO and intangibles from

Over at Smarter Companies, Mary Adams makes an incredibly important point about the upcoming Hulu IPO:

The internet television video company Hulu is reportedly considering an IPO. But, reports the NY Times, the company "evidently ...

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Proposed WIPO Strategic Plan Shows Positioning For Uncertain Future from

The importance of knowledge is increasing at a rate faster than patent offices can keep up with the demands of new inventors, reads the introduction to a proposed six-year strategic plan of the World Intellectual ...

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Study: Applicant-Submitted Art is Largely Ignored by Examiners from

Patent law both imposes a duty on patent applicants to submit relevant prior art to the USPTO and assumes that examiners use this information to determine an application's patentability. In a recently-published paper, Christopher ...

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Private: Google Patent Search Hiccups? from

Recently we’ve been noticing that Google Patent Search has been giving us some odd errors.  Specifically, it seems to be missing some of its patent PDF copies.

To try to replicate the problem, we ...

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Rajya Sabha passes the Trademark Amendment Bill, 2009 after a spirited debate from

The upper house of Parliament, the Rajya Sabha, has passed the Trademarks Amendment Bill, 2009, on the 10th of August, 2010 after a relatively spirited debate between the members of the house. The importance of ...

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Adams Respiratory Therapeutics v. Perrigo - construction of pharmacokinetic claim terms from

Adams Respiratory Therapeutics, Inc. v. Perrigo Company (Fed. Cir., August 5, 2010)
Panel: Linn, Moore (author), Friedman

By Jason Rantanen

Adams holds patent number 5,372,252, which covers an extended release formulation containing guaifenesin ...

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Copyright Office replies to RTI queries on the qualifications and elgibility of the Chairperson of the Copyright Board from

Late last month we had put out a post informing our readers that we had filed two applications under the Right to Information Act, 2005, questioning the validity of the appointment of the current Chairperson ...

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GPhA: Banning Patent Settlements Will Cost Money from

The following is excerpted from an August 12, 2010articleby Alaric DeArment published by Drug Store News:

The main lobbying group for the generic drug industry said federal authorities erred in projecting savings from ...

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Competition in Marketplace, Infringer's Bankruptcy, and Importance of Patent to Plaintiff's Business all Favor Imposition of Permanent Injunction from

Plaintiff's motion for a permanent injunction was granted. "[T]he Court has already concluded there was sufficient evidence for the jury to find there are no substantial, non-infringing uses. . . . The negative effect on [plaintiff ...

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President Obama Signs $129M USPTO Supplemental Appropriation Bill from

On August 10, 2010, President Obama signed into law H.R. 5874, a bill that provides a supplemental appropriation of $129 million to the United States Patent and Trademark Office. It is expected that the ...

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Couric's "Evening News" recycles on 16 Aug 2010 from

On January 25, 2010, CBS Evening News had a piece on a blind man in India:

In "Everybody Has a Story," every two weeks someone threw a dart at a map of America. CBS News ...

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Reducing Patent Backlog and Prosecution Costs Using PAIR Data from

Patent applications as a whole over the past 10 years have had an average allowance to rejection ratio of about 0.3. We arrived at this ratio by generating a list of 300 randomly selected ...

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