Patent & IP news for September 3, 2010

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post image Plagiarism: do we know what it means, do we know why we need it? from

There are certain terms, frequently used in connection with IP matters, the meaning of which is utimately unclear. In my mind, no term better meets this description than "plagiarism" or "plagiarist". Try as I have ...

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post image More on plagiarism from

Further to IPKat team member Neil's post earlier today (here), and seeing as the weekend is almost upon us, here are some enjoyable themes for readers to contemplate.

1. Tom Lehrer's classic song ...

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post image 3PAR update - 2 from

The Wall Street Journal has a nice analysis of the bidding war -- including this graph of the valuation.

And as I've noted before, it will be interesting to see how much of that balloon ...

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post image Time for that IP Tsar? from

The IPKat made his feelings known on the subject of an IP Tsar last month here and here.  Since raising the subject he has received many interesting comments, both for and against, and he has ...

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post image Article One Featured Researcher: Mikk Putk (Mikkp) from

Researcher Mikk Putk (mikkp) joins Article One from his native land of Estonia.  Mikk has an abundance of experience in the patent field and specifically with patent research.  Mikk granted Article One the following interview ...

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post image Board of Patent Appeals from

Although the Board of Patent Appeals (BPAI) is working harder than ever, its backlog continues to rise. The first chart below shows the BPAI’s inventory of undecided appeals in ex parte cases. This only ...

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post image Friday fantasies from

"This little piggy went to market;
This little piggy stayed at home.
This little piggy ate roast beef;
This little piggy had none.
But this little piggy ... went off to check the IPKat's Forthcoming ...

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Federal Circuit Rules in Favor of Broad Standing for False Patent Marking Claims from

The following is excerpted from an August 31, 2010 Morgan Lewis Intellectual PropertyLawFlash:

Earlier today, the Court of Appeals for the Federal Circuit reversed the district court’s dismissal of the relator’s claims ...

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Electronic filing / service in the Office (IP Australia) from

Patentology looks at the problems that arise with serving documents in Opposition proceedings before the Commissioner / Registrar (i.e. IP Australia) (a) electronically and (b) outside business hours.

Obviously (well, not so obviously when you ...

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Talking Quality from

With this blog I wanted to return to the topic of patent quality.  We talk all the time about how important it is.  There’s no question it is imperative to our agency and our ...

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US Looking For New Tack On IP Rights With BRIC Countries from

Developed countries are looking for ways to address the ongoing lack of intellectual property enforcement and efforts to bypass international trade obligations in the four biggest emerging global economies, as well as emulation of this ...

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Illinois Courts Grapple With Pleading Standard for Intent to Deceive Element of False Marking Claims from

Defendants' motion to dismiss plaintiff's qui tam false marking action for failure to state a claim was granted. "[T]his Court aligns itself with those courts that have applied Fed. R. Civ. P. 9 ...

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Bratz, Ideas, Expressions, and The American Way from

Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Any billion-dollar lawsuit is sure to be a highly-publicized event, especially when one of the parties is the ...

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August employment from

While not as bad as economist had expected (see WSJ and NYT estimates), the BLS data on employment released this morning shows a stagnate labor market:

The number of unemployed persons (14.9 million) and ...

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Consumer disconnect at Burger King? from

Writing of the takeover of Burger King by 3G Capital, includes text about Burger King's problems:

Its biggest problem: high unemployment among its most important, but notoriously fickle, group of customers -- young ...

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What Joint Inventors Need to Know from

I am often approached by an individual or group of individuals that have worked together to develop a new invention for which they would like to file a patent application.  They could be friends, neighbors ...

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Nature blog reaches the James Enstrom/UCLA matter from

In a post titled Enstrom und drang: Air quality contrarian fights expulsion , the Great Beyond includes text about the firing of James Enstrom, a critic of California's CARB:

When interviewed today [2 Sept 10 ...

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Private: Last day to enter the Patent Law in Palm Springs Sweepstakes! and What’s up with Intellogist: September edition from

Before I begin this Intellogist Update post, I want to make sure all our readers know that today is the LAST DAY to enter our partner PRG’s fabulous Patent Law in Palm Springs Sweepstakes ...

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New "Inventing" guide from

The British Library has just produced a new guide, Inventing, which is available as a PDF from our Resources for inventors page. It is meant as a simple introduction to useful resources for UK-based...

(From ...

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Does my CGL insurance policy covers patent infringement litigation? from

A federal court in Colorado recently addressed this question in the case of Dish Network Corp. v. Arch Specialty Ins. Co. (D. Colo. Aug. 19, 2010).  The case arose after Dish Network was sued for ...

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Human Survival Depends On Technology, Says New UN Climate Chief from

In between climate change conferences, Christiana Figueres, newly appointed executive secretary of the United Nations Framework Convention on Climate Change (UNFCCC), was in Geneva yesterday to attend a ministerial meeting convened by the Swiss and ...

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More British B granted patents now available from

An earlier post explains about British B patents, which are for grants of rights. It said that the B patents, which give the actual rights for a patent (unlike the applications) were available from...

(From ...

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Patently-O Bits and Bytes from

Upcoming Events:

  • Professor Mark Janis of Indiana has put together a really interesting conference titled “Patent Scope Revisited: Merges & Nelson's ‘On the Complex Economics of Patent Scope,’ 20 Years After.”  Sept 23–24 in ...

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Lack Of Transparency In EU-India FTA Talks Spurs Requests For Halt from

European and Indian business not only have privileged access to information on the planned EU-India free trade agreement, they even set the agenda for this negotiation from the start. That is the conclusion of a ...

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Boliven to Move to Subscription Service from is a leading online information portal for R&D; and IP professionals now run by CambridgeIP. Boliven currently has over 100 million scientific documents accessible to registered and subscribed users (see search box ...

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Patent application on deep fried beer? from

Previously, IPBiz had noted Bill Geist's discussion of "deep fried butter" at the Texas State Fair. Now, the Economist mentions:

DEEP-FRIED beer may sound scrumptious, but is it patentable? Mark Zable, an inventive Texan ...

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Say it ain't so: bed bugs at Google, Manhattan! from

The Guardian reports:

The search engine giant Google confirmed today [Sept. 3] that its 9th Avenue offices in Manhattan have been infested with the bugs. Parts of the headquarters, a futuristic space renowned for having ...

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The Business Responsible Approach to Inventing from

I continually preach to inventors the need to follow what I call a "business responsible" approach, which is really just my way of counseling inventors to remember that the goal is to not only invent ...

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Baseball phlushes phanatic at phlugtag from

Major League Baseball (MLB) just said "no" to the use by Julie Jones, and the Phlyin' Phanatics, of an image of the Philly Phanatic of the Phillies in Flugtag competition at the Camden Waterfront. The ...

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Clean IP Blog Rates Solar P’s & Q’s from

Justin Blows published the results of a recent study on his Clean IP blog regarding solar patent quality.  The study focuses on Australian patentees in particular but includes data from other countries as well.

Blows ...

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Knock-off problem: “You’re not going to arrest your way out of this" from

Within a post at IPFinance:

Enforcing current anti-counterfeit laws against the distributors and sellers of fake goods isn’t working; the manufacturing and selling of counterfeit goods continue unabated. ‘“You’re not going to arrest ...

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GW Seminar on Patentable Subject Matter from

The George Washington University Law School Intellectual Property Law Program will be holding a seminar on "Patentable Subject Matter: 35 USC § 101" from 9:30 am to 12:45 pm (EDT) on September 20, 2010 ...

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IPLAC Patent Law Symposium 2010 from

The Intellectual Property Law Association of Chicago will be holding its Patent Law Symposium 2010 from 8:45 am to 5:00 pm on October 1, 2010 at the Union League Club of Chicago. The ...

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