Patent & IP news for August 17, 2010

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post image BPAI Streamlines Appeal Procedures for Inter Partes Reexamination from

In a March Federal Register Notice, the USPTO outlined a new procedure for eliminating redundant appeal processing in patent applications. The redundancy was the result of both the examiner and BPAI performing the same review ...

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post image An Oil Slick of Legal Proportions from

On August 2, a California-based class-action lawsuit was filed against a number of manufacturers, distributors and retailers of various brands of extra virgin olive oil. According to the complaint, the International Olive Council (IOC), an ...

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post image New Exemptions to the DMCA Anti-circumvention Rule from

With our recent readership survey producing enthused demands for international coverage as well, we will begin our reporting of important recent developments in international copyright law with the recently announced exemptions regarding circumvention of access-control ...

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post image Article One Partners Shared Reward Compensation Plan from

Article One Partners is thrilled to announce a new Shared Reward Compensation Plan. The research done by the AOP community is tremendous and we want to reward as many researchers as possible for their time ...

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COFEMER and AMELAF Comment on Biotech Regulations in Mexico from

By Juan Serrano -- Following up on the note for future regulations to approve biotechnological drugs in Mexico (see "Mexico to Issue Regulations for Approval of 'Biocomparable' Drugs"), documents with comments have been uploaded to the ...

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American Bar Association Files Amicus Brief in Therasense Case from

By Kevin E. Noonan -- The American Bar Association (ABA) has filed a brief in the Therasense, Inc. v. Becton, Dickinson & Co. case, in support of neither party but arguing forcefully that the current state of ...

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The Australian High Court on trade marks from

Janice Luck and Peiwen Chen have published at the Fortnightly Review an analysis of the High Court’s recent rulings in the trade mark cases: Gallo v Lion Nathan (the Barefoot case) and Health World ...

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As to getting cited by others... from

From The Scientist:

Tit-for-tat seems to be par for the course in the scientific literature. An analysis of more than 53,000 scientific papers published over the past century in Science reveals that articles with ...

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Intellectual Property – so valuable and so broken from

A few recent cases illustrate why intellectual property is so valuable to businesses, and why the system for protecting and enforcing intellectual property rights is far from perfect:

  • YouTube recently won its case against Viacom ...

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Another attack on manufacturing strategy from

There they go again -- another gratuitous attack on manufacturing strategy. Once again, the argument by some economists seems to be base on the fact that manufacturing as a percent of GDP has steadily declined over ...

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New IP Blog on IP Management and Strategy from

It is nice to see that Bill Meade, frequent contributor to Guy Kawasaki’s blog, finally has his own blog:  “Basicip’s Blog on Intellectual Property Management Consulting.”  Check out his recent post on “What ...

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The Future Of Biotechnology Patents In The European Union from

A recent Court of Justice of the European Union opinion in Monsanto Technology LLC v. Cefetra BV et al. may unintentionally inflict serious economic harm on the European biotechnology industry, write attorneys Richard Peet, Vid ...

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Deja vu: Clyde Bryant, Caterpillar, the ACERT engine and MBA/entrepreneurs from

In the years 2004 and 2005, IPBiz covered the Clyde Bryant v. Caterpillar patent saga related to Caterpillar's ACERT diesel engine.
[For example,
Bryant still winning patent fight against Caterpillar
, Bryant wins first round ...

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National Law School of India Review: Call for Papers from

About the Journal:
The National Law School of India Review is the bi-annual flagship journal of the National Law School of India University, Bangalore. Founded in 1988, the mandate of the Review is to encourage ...

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BPAI Informative Opinion Addresses "Broadest Reasonable Interpretation" from

Ex Parte Givens, Appeal 2009-003414 (BPAI, August 6, 2009)

While the application was decided over a year ago, the USPTO has decided to publish the decision as an informative opinion, presumably as an attempt to ...

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Transnational Regulation: Rough Consensus and Running Code from

While practitioners have long considered the transnational sphere an anarchic Wild West, Rough Consensus and Running Code: A Theory of Transnational Private Law reveals elaborate regulatory foundations comprising both “hard” and “soft” law. In the ...

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Examiner's BRI gambit sunk by BPAI in Givens: adjectives count from

The set-up paragraph of the BPAI decision gives one the flavor of the "adjectives count" ruling by the BPAI in Ex parte Maurice Givens :

The Examiner finds that Lin teaches an LMS adaptive noise canceller ...

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RIP Patent Reform 2010? from

"I used to be indecisive; now I'm not sure."

      - Anonymous

Well, in the on-again-off-again world of patent reform, it appears that Congress has its finger on the "off" switch.  From a recent EE Times ...

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Makeup of the CAFC from

I have been wondering about the number judges on the Court of Appeal for the Federal Circuit who were practicing patent attorneys.  I was surprised that I could not easily find this information.  Here is ...

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Construing the "Function" of a Means-Plus-Function Claim Element from

Gregory Baran v. Medical Device Technologies (Fed. Cir. 2010)

Dr. Baran sued MDTech for infringing his patents covering automated biopsy instruments. Soon-to-be Federal Circuit Judge Kathleen O’Malley over-saw the district court case. After construing ...

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Mexican Patent Office Excludes Formulation Patents from Linkage Gazette from

By Alejandro Luna -- On Friday, August 13, 2010, the Mexican Trademark and Patent Office (IMPI) made available through its website the new edition of the Linkage Gazette (Mexican health and IP law regulations require IMPI ...

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