Patent & IP news for August 26, 2010

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post image Déjà-vu and Golden Balls: now it's Gucci's turn from

IPKat readers will remember the ongoing battle of Inez and Gus Bodur to steer their Community trade mark application for GOLDEN BALLS through to grant in the teeth of vigorous opposition from the owners of ...

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post image 10 Year Pendency Ends in Defeat for Patent Owner in Ex Parte Reexamination from

Did the Patent Holder Miss the Boat on Claim Interpretation?

On Tuesday, the BPAI seemingly ended the 10 year saga of Ex Parte Gary E. Rhine affirming the examiner’s rejection of expired U.S ...

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post image Patent Attorneys and Agents: Years of Hands-On Technical Experience Before Focusing on Patent Law from

Yesterday’s post included a cumulative frequency chart that some readers found confusing. I have replaced that chart with one showing essentially the same material in more reader-friendly format.

These results come from a survey ...

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post image Police, pirate tapes, poverty and politics: a sad tale from

The IPKat is not a Siamese Kat and therefore rarely has the chance to peruse the Bangkok Post. It was however with great interest that he read a remarkable Opinion which sheds light on the ...

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post image "Mac" as Rorschach from

With all the talk about the importance of the so-called Apple ecosystem (the interrelationship between the company's various mobile devices and its controlled app sites), we sometimes forget that role that trademarks still play ...

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post image If you're small and do other people's R&D ... from

The UK's Intellectual Property Office has just published a note on the relaxation of R & D tax rules in the current issue of its IP Insight e-magazine. The current rules for claiming additional tax ...

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Celgene Has Been Plotting Revlimid Challenge from

The following is excerpted from an August 25, 2010articleby Thomas Gryta at The Wall Street Journal:

Celgene Corp. is planning to fight the recent generic challenge to its blood cancer drug, Revlimid, and ...

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Copyright Board Delivers Judgment in Mega-Compulsory Licensing Dispute; Fixes Royalty at 2% from

The long running compulsory licensing dispute between radio stations and copyright societies has finally concluded, with the Copyright Board fixing the royalty at “2% of net advertisement earnings of each FM radio station accruing from ...

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Why UK’s Digital Economy Act hurts Digital Technology Development from

What if a government created obstacles for the entrepreneurs innovating in low cost railways and trains, simply to protect the stakeholders of water channels, steam-engine technology and barges? What if libraries were prohibited in order ...

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Blow to centralized EU patent? from

Reuters/IDG notes

The European Court of Justice looks set to derail plans for a common patent system across the European Union. The court's Advocate General believes that a centralized patent is "incompatible with ...

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PatentHawk flames Aharonian from

The beginning of the Patent Prospector post recites:

From reading his newsletter, one gathers the decided impression that Greg Aharonian has the emotional stature of an infant. [I know I'll get comments from readers ...

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Written description and the doctrine of equivalents? from


Merely for contemplation:

Determining whether a patent application's written description is sufficient
to support its scope can be quite difficult. Some protection beyond the ...

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The James Dyson Award shortlist from

The shortlist of 21 inventions submitted for the James Dyson Award for 2010 is now available at the web site. Click on the blue "View Projects" to see details of the inventions. The award is ...

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"Fantastic paper" with nothing new? from

Mike Masnick at TechDirt starts out: Michael Scott points us to a fantastic draft paper by respected intellectual property lawyer/scholar Mark Lemley recapping the long history of content industries declaring that the sky is ...

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Update on German patent funds from

Update from Joff Wild at IAM blog on the status of the Deutsche Bank IP funds (see earlier posting):

Although IP Bewertung (IPB) has filed for bankruptcy, I understand that the patent funds it managed ...

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Rights Holders Launch Initiative To Protect Content In Africa from

Foreign content producers and broadcasters hope the soon-to-be-launched Africa Media Rights Watch will help convince the region’s regulators and consumers alike to increase respect for copyright. Related Articles:

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Guest Post: The Drama in the Definition of 'dramatic works' from

Shreya Aren, a 4th year student at the National Law School of India University has sent in this excellent guest post on the definition of 'dramatic works' in the Copyright Act, 1957. Clearly blessed with ...

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Who is Behind H.R. 5980? from

H.R. 5980 is a Bill "To amend Federal law to encourage the repatriation of jobs to the United States, and for other purposes." The bill includes three major tweaks to US patent law.

  1. Ending ...

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Manufacturing and innovation key to quick responses to public health emergencies from

Late last week, the Department of Health and Human Services released its report on responding to health emergencies -- a process known as "medical countermeasures" or "MCMs" (see press release, fact sheet, and full report. The ...

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Off Topic : Call for Papers : NLIU Law Review from

About the Law Review 
The NLIU Law Review is an endeavour on the part of the student body of the National Law Institute University, Bhopal to encourage and inculcate in the students a spirit of ...

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On the manufacturing and R&D link from

FYI -- from Jack Buffington, Director of Plant Logistics, MillerCoors Brewing Company -- What Do We Mean When We Assert That Our Economic Salvation Is 'Innovation?':

It is misguided for anyone to believe that America can position ...

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Yes, Patents Do Have Gender from

Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School In his recent essay, Do Patents Have Gender?, intellectual property scholar Dan L Burk admits upfront that the title ...

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Toyota started with a patent, on looms! from

from used car guide :

Toyota was actually the result of the Toyota Spinning and Weaving Company, set up by Sakichi Toyoda in 1918. He invented the first automatic loom, for which he sold the patent ...

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Entrepreneurs are not who you think they are from

An interesting story from Newsweek -- Innovation Grows Among Older Workers:

As it turns out, the average founder of a high-tech startup isn't a whiz-kid graduate, but a mature 40-year-old engineer or business type with ...

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Time for Congress to Fund Embryonic Stem Cell Research from

I understand the objections to embryonic stem cell research, but I simply cannot understand anyone that has a moral objection to embryonic stem cell research. How is it moral to watch those with crippling diseases ...

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Article One Featured Researcher: Pierre (msasangu) from


Article One Researcher Pierre (msasangu) was the Winning Researcher for Study WTL 486 – Modular and Customizable Process and System for Capturing Field Documentation Data in a Complex Project Workflow System.  Pierre hails from Canada where ...

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Reasonable Royalty Damages for Indirect Infringement not Limited to "Specific Acts of Infringement" from

Defendant's motion to limit damages for plaintiff's claims of indirect infringement to "specific acts of infringement that [plaintiff] proves at trial” was denied as premature. "The principle on which [defendant] relies is applicable ...

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Private: Take your shot at the Patent Law in Palm Springs Sweepstakes from

It’s been almost two weeks since we launched the Patent Law in Palm Springs Sweepstakes and we have to say…we’re impressed by your response! Since the sweepstakes runs through September 3rd, it ...

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Impact of weblog on number of opponents: a form of abuse? from

A practitioner acting for one of a number of opponents challenging a business method-type patent before the EPO has drawn the attention of PatLit to the fact that the proprietor's response contains an observation ...

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Wrong Moves for Righthaven? from

The non–practicing entity a/k/a “troll” is a familiar character in the patent world, with a practice based on acquisition of a portfolio for the sole purpose of litigating and licensing the patents ...

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Regulating the IP professions: need for more transparency and trust? from

The IPKat has picked up scent of a story that IPReg (the UK's Intellectual Property Regulation Board, set up by the Chartered Institute of Patent Attorneys -- CIPA -- and the Institute of Trade Mark Attorneys ...

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Conducting a 'Due Diligence' on an Indian Patent Before it goes to Litigation from

Given the fact that most patent litigation before High Courts is usually handled by lawyers who are normally not involved at the stage of patent prosecution, I thought it would be interesting to start of ...

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WTR and new gTLDs survey from

World Trademark Review is running an online survey to gauge understanding of ICANN’s proposed new gTLDS and get some insight into what people are doing to prepare for these.

If you are a trademark ...

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Offers to Sell from

In Transocean v. Maersk, 2009-1556 (Fed. Cir. Aug. 18, 2010), the Federal Circuit addressed the issue of whether an offer to sell that is communicated outside the territorial boundaries of the United States  by the ...

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A tale of two thefts from

On 25 August 2010, there was a story on the internet about the theft in Madison, Wisconsin of a bag of one Myers family containing, among other things a wallet with cash, credit cards, hotel ...

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BPAI claim construction superfluous from

BPAI uses superfluity doctrine to interpret a claim limitation (Ex parte Walpole)
Takeaway: In Ex parte Walpole, the BPAI applied the superfluity doctrine, i.e., a claim construction should not render a phrase superfluous. The ...

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Biotech/Pharma Docket from

By James DeGiulio -- Mirapex Case Ends, Mylan Found to Infringe Boehringer Patent On August 18, Boehringer's long-running case against Mylan over the drug Mirapex came to a close after Mylan was found to infringe ...

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