Patent & IP news for September 2, 2010

Patent Litigations



Patent & IP Blogs

post image Catbert and Wally: an IP analysis from

It's a long time since a Dilbert cartoon featured on this weblog -- a year ago, in fact ("Not enough to make a Kat laugh", here), when this member of the team needed some explanation ...

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post image Evergreen or nevergreen: that is the question from

Guy Selby-Lowndes is the IPKat's friend -- and one of his oldest readers in both senses of the word. A greatly experienced patent attorney, he also possesses a curiosity and liveliness of intellect that this ...

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post image The Stig can be "outed": official from

Last week, in "Stig-ment of the imagination?", the IPKat reported on the dispute between the BBC, which holds the rights to the unbelievably popular Top Gear TV series, and publisher HarperCollins over the latter's ...

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post image The shoes are original - it’s just the brands that are fake from

Readers of this blog are likely well aware of the proliferation of knockoffs produced in countries that lack robust anti-counterfeiting laws or enforcement procedures (or both) and making their way to consumers worldwide, but may ...

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post image The US Economy and the State of Innovation from

About a year ago I finished my book The Decline and Fall of the American Entrepreneur: How Little Known Laws and Regulations are Killing Innovation.  The book argues that the US economy was faltering long ...

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post image On Tape from

Funai Electric sued four Daewoo companies for infringing six US VCR patents. A tough battle to trial found two patents infringed for about $10 million in damages against two companies. Two defendants spontaneously pulled out ...

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post image Reopening of oral proceedings? Not if the Court can help it! from

There aren't many areas of patent law that end up before the Court of Justice of the European Union for the very good reason that, up till now, most European patent law is either ...

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post image Reporter’s Description of Invention at Issue in Patent Reexamination from

GEOSPAN Corporation filed a lawsuit in March 2008 in the United States District Court for the District of Minnesota, alleging that Pictometry infringed  GEOSPAN’s U.S. Patent No. 5,633,946.

In a separate ...

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Federal Circuit Grants Injunction Pending Disposition of Lilly v. Actavis Elizabeth from

By Donald Zuhn -- The U.S. Court of Appeals for the Federal Circuit issued an Order today in Eli Lilly & Co. v. Actavis Elizabeth LLC, granting Lilly's request for an injunction to prevent Defendants-Appellees ...

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More on ‘Whiskas Purple’ TM from

Tim Golder, a partner at AAR, and Sandi Montalto have published an article with their take on the Federal Court’s recent decision directing that Mars’ trade mark application for the colour ‘Whiskas Purple’ proceed ...

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Upcoming Presentation: Intellectual Property – An Artist’s Greatest Asset from

I will be speaking to an Artists’ Roundtable put together and hosted by Falls Church Arts on September 14th. If you are in Northern Virginia or Washington, DC area, the event is open to the ...

Share via E–mail | Twitter | Facebook blasts costs of college textbooks from


In 2010, the annual in-state cost for the typical state university soared to more than $15,000, and private colleges now charge an average of $35,600 a year. As if college ...

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The USPTO Updates Its Post-KSR Examination Guidelines from

The USPTO has updated its examination guidelines concerning obviousness under 35 U.S.C. §103, in light of precedential decisions from the Federal Circuit issued since the United States Supreme Court decision in KSR Int ...

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The case against "a case against patents" from

When IPBiz saw the IAM headline Making the case for patents by making a case against them, there was a guess that the story had something to do with the Paul Allen lawsuit, and, indeed ...

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CRTC Seizes Internet Regulation Mantle from

South of the border, the FCC has seemed toothless of late in its attempts to control Internet service provision. It longs for the vociferous support its Internet policies enjoyed just a few years ago. Then ...

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Third Try Set For CBD Biodiversity Benefit-Sharing Treaty from

The third attempt at concluding negotiations on a draft protocol text on international biodiversity access and benefit-sharing will take place in Montreal on 18-21 September, according to official sources. Delegates at the meeting will try ...

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CIPA, the Belgian Presidency and the European patent litigation debate from

The IPKat has already commented here on today's press release from the Chartered Institute of Patent Attorneys (CIPA) concerning the Advocate Generals' negative response to the proposals for the European and European Union Patents ...

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Better consumers, more innovation from

It has long been a truism in innovation studies that demanding customer are an important source of innovation. But how does public policy affect the creation of demanding customers? There are two possible lines of ...

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Are you keeping up with the latest non-patent literature developments? from

Does anybody else out there read the InfoToday newsbreaks or EcontentMag regularly? Information Today, Inc. hosts these great news services – you can subscribe via e-mail or get them in your RSS reader. Whenever I find ...

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Bilski Renders Claim for Method of "Computing a Price to Sell Fixed Income Assets and Generating a Financial Analysis" Invalid from

The magistrate judge recommended granting defendant's motion for summary judgment of invalidity (filed as a motion to dismiss for failure to state a claim) because the asserted patent did not claim patentable subject matter ...

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USPTO Guidelines for Determining Obviousness from

The USPTO has released a set of updated examination guidelines on the core patentability issue of obviousness. The 18–page guidelines do not have the force of law, but will impact how examiners judge obviousness ...

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Those pesky patent proposals: now it's CIPA's turn from

The Chartered Institute of Patent Attorneys (CIPA) has just issued a press release concerning the thumbs-down which the Advocate Generals of the Court of Justice have given to the (questionable) legality of the proposed European ...

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Update on 3Par Bidding War from

In my earlier posting on the HP - Dell bidding war for 3Par, I wondered how much of the valuation was due to a better understanding by the bidders of the target's intangible assets. Was ...

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Patent Prosecution Highway to Russia from

The USPTO and the Federal Service for Intellectual Property, Patents and Trademarks of the Russian Federation (ROSPATENT) have announced the creation of a Patent Prosecution Highway (PPH) pilot program.  The program commenced yesterday and will ...

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Sun Pharmaceuticals v. Eli Lilly: The Creeping Expansion of the Doctrine of Obviousness-Type Double Patenting from

In Sun v. Eli Lilly, a panel of the Federal Circuit held a Lilly patent claiming use of the drug gemcitabine (GEMZAR) for the treatment of cancer invalid for obviousness-type double patenting, in view of ...

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USPTO Issues Updated KSR Guidelines on Obviousness from

The USPTO recently published a 15-page notice updating the 2007 KSR Guidelines.  The update reviews all of the most relevant Federal Circuit caselaw (over 20 cases) dealing with obviousness since KSR, and distills the rulings ...

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Pre appeal conference useful from

Usefulness of Pre-Appeal Brief Conferences

The just-n-examiner blog has a new discussion (here) on the usefulness of the Pre-Appeal Brief Conference (PABC). just-n-examiner wonders:
Why would an attorney/applicant go to the time and expense ...

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Pto procedure examiner interview authorization from

PatentDocs reports here about a relatively new PTO procedure which relaxes the requirements for attorney/agent participation in an Examiner interview. According to the PatentDocs post:

Under the old procedure, practitioners were required to file ...

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Biotech/Pharma Docket from

By James DeGiulio -- Sepracor Settles with Wockhardt in Lunesta Patent Suit Sepracor has reached a consent agreement with Wockhardt, thus settling its infringement suit over the sleep drug Lunesta. In March 2009, Sepracor brought suit ...

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