Patent & IP news for August 30, 2010

Patent Litigations



Patent & IP Blogs

post image Patents and genes: some new titles from

The IPKat has recently found himself confronted with three new titles that, in their very different ways, address issues arising from the patentability of genetic material. In this post he says a little bit about ...

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post image Monday miscellany from

While litigation is often described in military terms, it is a less frequent occurrence for skirmishes between military groups to be fought out in court. Here however is news of a set of thoroughly confusing ...

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post image "Patent Pending" Provisional Rights from

Recently a client asked me to sue a competitor for infringement on her patent application. I told her that even though you can mark articles with the terms "Patent Applied For" or "Patent Pending" these ...

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post image Potential Impact of Patent Reform on Medical Innovation from

The recently published Volume 2, Issue 2 of the journal Medical Innovation & Business focused entirely on patent reform’s potential impact on medical innovation.  Special guest editors Renee Kaswan, David Boundy, and Ron Katznelson express ...

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post image Obvious reversed infinite choices number from

BPAI finds not obvious to select one direction from infinite number of perpendicular directions (Ex Parte Sato)

Takeaway: In Ex Parte Sato, the BPAI reversed an obviousness rejection to a claim to a transmission belt ...

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post image The SuperFreakonomics of IP Licensing: the Licensing Executives Society’s Annual Meeting from

The Licensing Executives Society is holding its Annual Meeting in Chicago at the Chicago Sheraton Hotel & Towers September 26-29. Themed ‘Deals, Deals and more Deals’ the meeting will focus on the critical role IP plays ...

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post image Patent “War” Launched by Billionaire Allen from

MSFT Founder Sues Over Web Rights

Microsoft co-founder Paul Allen is claiming in a suit filed in filed on Friday in Seattle that patents owned by a company that he once controlled, Interval Research, are ...

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post image Article One Partners Announces 4 New AOP Community Leaders from

Article One would like to congratulation and announce the 4 selected AOP Community Leaders!


Ddenim, Engr009, Phanwy, and Sedulous have been selected to the role of AOP Community Leader for which they will be leading ...

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post image Misuse from

Compact discs (CDs) became commercially viable by creating an international standard, uninspiring called the "Orange Book." Philips was instrumental in developing the Orange Book standard, as well as holding patents covering a portion of the ...

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post image Copyright Band-its and Public Interest: A Tainted Compulsory Licensing Decision? from

Tis the season of compulsory licensing. First, we have a proactive DIPP exploring ways to create a more optimal compulsory licensing regime in India.

And now we have a quasi judicial body (the copyright board ...

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Guest Post: Requiem for a Dream? from

Matthews George, our serial guest blogger from NUJS, has sent in this concise summary on an fantastic, albeit slightly dated Business World story on the state of research and development of new drugs in the ...

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Lamont Dozier Sues Rapper D-Sisive For Music Copyright Infringement from

Los Angeles, CA – In 1977, Singer/Songwriter Lamont Dozier composed a song entitled “Peddlin’ Music on the Side” and registered the copyright therein. He further renewed the copyright registration in January of 2005.

In 2009 ...

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Should We Be Paving the World with Patent Prosecution Highways? from

As of August 25, 2010, the USPTO has entered into Patent Prosecution Highway (PPH) agreements with twelve countries. While USPTO press releases tout these programs as “cooperative initiatives that streamline the patent system and promote ...

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New Procedure for the Patents County Court from

This guest post, authored by Paul Cole,* brings welcome news of some long-awaited reforms in the operation of the Patents County Court for England and Wales (on which see earlier PatLit posts here, here and ...

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The Relationship Between IP, Technology Transfer and Development from

An analysis of practices and policies involving intellectual property, technology transfer and development shows the difficulties of achieving a positive correlation between those areas. Related Articles:

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Facebook tries to register ‘Like’ button from

Facebook Inc. recently filed more than 10 applications with the USPTO a few months ago to register its “Like” button and the word LIKE.

The applications have all been denied initially due to conflicts or ...

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Gates Foundation’s Monsanto Investment Stirs Civil Society from

Sagging stock prices in the second quarter of 2010 attracted the interest of the Bill and Melinda Gates Foundation and the foundation added the Goldman Sachs Group and Monsanto to its portfolio, according to the ...

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Validity Of Patents On HIV/AIDS Treatment Challenged from

Eight patents on HIV/AIDS medicines are being challenged by the Public Patent Foundation (PUBPAT), a US-based nonprofit legal service group working to “protect the public from the harms caused by errors within the patent ...

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NCEs Outside the Scope of Sec. 3(d), Efficacy Data not Required - II from

Continued from our last post where we briefly discussed about the rejection of pre-grant opposition filed by Cipla for the Application Number 3003/CHENP/2003 for anti-cancer drug Nilotinib which later matured into issued Patent ...

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Beyond IP (industrial policy, that is) from

Over at the Progressive Fix, Stephen Ezell has a great piece on The Economist's Strange Attack on Industrial Policy -- his riff on a major article in the Economist. One of the more interesting points ...

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Lost technological capability from

A coda on the early posting on industrial policy from this morning's Wall Street Journal:

The Toledo Museum of Art's $30 million Glass Pavilion is a symbol of America's "Glass City," and ...

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New Zealand student appeals plagiarism finding from

nzherald reports that Victoria University found that Brittany Bell deliberately tried to pass off as her own the work of others, including an award-winning Spanish architect, by using images from the internet. The decision was ...

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46th Annual Corporate Patent Seminar from

Registration is now open for the 46th Annual Corporate Patent Seminar in Austin, Texas on November 14-16th. Past participants have included representatives from Procter & Gamble, Caterpillar, SC Johnson, Pfizer, Eli Lilly and others.

Limited to ...

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Conference & CLE Calendar from

September 1-2, 2010 - 7th Annual Pharmaceutical Law Summer School (IBC Legal) - London, UK September 7-9, 2010 - BioPatent Design (Pharma IQ) - Munich, Germany September 8, 2010 - Biotechnology/Chemical/Pharmaceutical (BCP) Customer Partnership Meeting - 10:00 am ...

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Zhouzi literally hammered for his anti-plagiarism, anti-fraud stands from

IPBiz has previously reported on the activities of Fang Zhouzi, who exposes science frauds. The Christian Science Monitor on August 30, 2010 communicated that Zhouzi was assaulted by two men as he walked to his ...

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Another Means-Plus-Function Opinion from

On Friday, the Federal Circuit issued another in a long line of cases cautioning against the use of means-plus-function language in patent claims.

As previously noted, 35 U.S.C. § 112, sixth paragraph, permits a ...

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SpicyIP Tidbit: NPPA proposes controlling the price of cancer drugs from

Soon on the heels of the DIPP's discussion paper on compulsory licensing, the Business Standard has reported that the National Pharmaceutical Pricing Authority (NPPA) is planning to regulate 'prohibitively expensive oncology medication'. The BS ...

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Will LSIP do the trick? from

Earlier this month Intellectual Property Strategy Network, Inc. (IPSN) and the Innovation Network Corporation of Japan (INCJ) announced the establishment of Japan’s first intellectual property fund, LSIP. As this acronym suggests, LSIP is to ...

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Federal Circuit Holds-Line on Patent Misuse Defense from

By Dennis Crouch

In a split decision, an en banc Federal Circuit has held that the non-statutory equitable doctrine of patent misuse should be narrowly applied. Here, the court held that an anticompetitive agreement between ...

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Licensing Executives Society Annual Meeting in Chicago - Sept. 26 - 29 from

Over one thousand of the world’s leading intellectual property (IP), licensing and business development professionals will gather for the Licensing Executives Society (USA & Canada), Inc., Annual Meeting at the Chicago Sheraton Hotel & Towers September ...

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Failure to Plead Facts Supporting Intent to Deceive Sinks More False Marking Cases from

Defendants' motion to dismiss plaintiff's false marking claims was granted because plaintiff failed to sufficiently plead intent to deceive. "[I]n [another of the court's cases] the allegations were that defendant had continued ...

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Alice in Wonderland at the Federal Circuit from

Advocates at the Federal Circuit sometimes (although rarely) use poetry during oral argument.  In Figueroa v. U.S., 466 F.3d 1023 (Fed. Cir. 2006), a case from 2006  concerning the constitutionality of patent fees ...

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In False Marking Cases, When a Judge Closes a Door, Somewhere She Opens A Window from

Although a few False Marking cases have recently been dismissed for failure to plead facts supporting intent to deceive, some plaintiffs have undoubtedly noticed a small window of hope in those same orders. Judge Robinson ...

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Counterfeiting Costs US Businesses $200 Billion Annually from

As explained by the Organisation for Economic Co-Operation and Development in a draft report draft report: "The overall degree to which products are being counterfeited and pirated is unknown and there do not appear to ...

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