Patent & IP news for September 7, 2010



Patent & IP Blogs

post image Solo from

Even for an ace, patent litigation is a team sport. It's one thing if your scummy contingency lawyers breach contract and walk away, for you to soldier on (more on that later). But to ...

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post image Court Grants Summary Judgment Of Non-Infringement On Oskar’s Software Copyrights from

Oskar Systems sued Club Speed, Pole Position, P2R Karting, and individuals for allegedly infringing its copyright in source code for a computer program used in the operation of go-kart tracks. Details blogged here. In late ...

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post image Reduced from

Haruo Sugano et al got into an interference with David. V. Goeddel and Robert Crea over two gene patent applications. "The Board held that Sugano is entitled to the benefit of the filing date of ...

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post image R & D Tax Credits Mean Little to Businesses That Do Not Competently Manage Their Intangible Assets from

Companies that fail to properly identify, capture and protect their intangible assets leave much R & D tax credits on the table.

This week, President Obama will announce a $100 billion proposal to stimulate the economy ...

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post image Innovation and Trolling from

This particular Kat is strongly of the opinion (although it has to be said with little in the way of solid empirical evidence with which to backup this assertion) that innovation is a good thing ...

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Turning around the Western World’s Crisis of Creativity from

Is the Western world really suffering from a Creativity Crisis?  “Yes,” according to a recent report in Newsweek that looked at scores on tests of creativity.  The scores recorded on Torrance tests of creativity have ...

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Investment tax breaks and intangibles from

According to press reports, tomorrow President Obama will propose a package of investment tax credits that will allow companies to completely expense any investment in new plant and equipment through 2011. Accelerated write off of ...

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Drug Label May Provide Evidence of Intent to Induce Infringement Even Though Required by the FDA from

In granting plaintiff's motion for summary judgment of infringement of its drug patent, the court rejected defendants' argument that "the fact that the FDA required them to use the particular product labels they have ...

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Brand name vs. brand quality from

From time to time, someone will do a comparison of "quality" between a brandname product and a generic. There will be some examples wherein the generic beats the brand name.

In a post titled Taste ...

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Houellebecq plagiarism matter: Hegemann reprised? from

In response to asserted incidents of plagiarism in his book "La carte et le territoire" (The Map and the Territory) , Michel Houellebecq commented:

"When you use a big word like 'plagiarism', even if the accusation ...

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World Trademark Review survey seeks input on how industry is preparing for new generic top-level domains from

World Trademark Review seeks participants for an online survey about  how industry is preparing for new generic top-level domains (gTLDs).  According to Adam Smith of WTR:

It is now almost certain that new gTLDs will ...

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SpicyIP Tidbit: WSJ criticizes DCGI report on spurious drugs in India from

The Wall Street Journal in its Sept 3rd edition carried an article by Dr. Roger Bates criticizing an exhaustive report on spurious drugs in India that was prepared jointly by the office of the Drug ...

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Attorney from

On September 2nd, the Trademark Public Advisory Committee (“TPAC”) held its quarterly meeting at the U.S. Patent and Trademark Office. Comprised of nine committee members, TPAC functions as an advisory body to the Under ...

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A Rocketing Year Ahead at IP Osgoode from

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, and an Associate Professor at Osgoode Hall Law School Welcome back to another vibrant year at IP Osgoode! Time certainly has flown by since ...

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Someone Is Infringing My Copyright, But I Do Not Have A Registration. Now What? from

By Daniel Davidson Unlike a trademark or patent, in the United States, a copyright is automatically created upon creation of the work (i.e. sculpture, sheet music, book, etc.).  Creation, as defined by Title 17 ...

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Written Description: Description Must do more than Allow PHOSITA to “Envision” the Claimed Invention from

Goeddel v. Sugano (Fed. Cir. 2010)

When two inventors both claim rights to a single invention, the USPTO is charged with awarding rights to the "first applicant to conceive the invention, provided that the invention ...

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Best Mode: District Court Improperly Invalidated Patent that Mis-Identified Best Mode from

Green Edge Ent. LLC v. Rubber Mulch Etc. LLC (Fed. Cir. 2010)

You might guess from the names of the parties that the subject matter of the dispute is rubber mulch. Green Edge's patent ...

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CAFC: Dislosure That Merely Allows PHOSITA to "Envision" the Claimed Invention Fails Written Description from

Goeddel v. Sugano, No. 2009-1156 (September 7, 2010)

This case is directed to an interference between Goeddel and Sugano on inventions relating to modified DNA that codes the 166 amino acid sequence of mature hFIF ...

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Federal Court Clarifies When CGL Insurance May Cover Patent Infringement Litigation from

The following is excerpted from a September 03, 2010 Pepper Hamilton LLPIntellectual Property Alertby Russell Barron and Stephen Cole:

A federal court has recently clarified the circumstances under which a commercial general liability ...

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Issuing "Radio" Compulsory Licences in the Wake of a "Mirchi" Controversy from

As expected, a writ petition has been filed challenging the legality of the appointment of the current chairman of the Copyright Board, Raghbir Singh. This came up before Justice Sikri of the Delhi High Court ...

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Greater Transparency: Introducing the USPTO Data Visualization Center and the Patents Dashboard from

As you all know, reducing the backlog of unexamined patent applications and driving patent pendency down is our top priority.  This goal is especially urgent at a time when our economy is struggling, and the ...

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The Patent Troll’s Equally Ugly Sibling from

By: Philip Zies The intellectual property world is pretty familiar with patent trolls.  For those of you who aren’t familiar with patent trolls, however, I should make clear that I am not talking about ...

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SpicyIP Tidbit: CGPDTM releases a list of 'scientific advisors' from

The Controller General of Patents has released a list of 'Scientific Advisors' who can advise Courts on the scientific and technical aspects of patent litigation. Courts have the power to appoint such advisors under Section ...

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USPTO's Data Visualization Center and Patent Dashboard from

The USPTO has publicly released its data visualization center and patent dashboard. The site does an excellent job of providing a visual overview of the current USPTO state-of-affairs in terms of patent backlog, pendency, and ...

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Looking Ahead to TiVo v. Dish at the Federal Circuit from

Putting aside my disdain for the Supreme Court stepping into patent matters of any kind, what does seem clear is that the Supreme Court wants to pretend that patents are the same as any other ...

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No copyright in newspaper headlines from

Bennett J’s reasons for ruling that Fairfax does not hold copyright in the Australian Financial Review’s headlines have now been published.

In conclusion, Bennett J stated:

159 As to the subsistence of copyright ...

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"Visualize" Patent Statistics Through New USPTO Site from

The Office announced today the launch of the beta version of a USPTO Data Visualization Center on its Web site that introduces the"patents dashboard."  This tool is intended to give the public access to ...

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Bpai printed matter doctrine from

BPAI uses printed matter doctrine to reject disposable garment claims
Takeaway: The claims in Ex parte Sosalla were directed to a disposable garment including a focal and a background graphic, where the claims further described ...

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