Patent & IP news for September 9, 2010

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post image Kappos Says PTO Making Progress on Backlog from

Although the Data Visualization numbers posted yesterday show that the backlog  and that time to first Office Action have been stagnant during the current fiscal year, PTO Director David Kappos says the agency is on ...

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post image Federal Circuit Affirms Claim Construction Using Comparative Language from

Funai Electric Company v. Daewoo Electronics Corporation (Fed. Cir. Sept. 1, 2010)

In this case, the Federal Circuit affirmed the district court's claim construction where the claim construction used comparative and functional language.  The ...

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post image Trademarks are extra important for social media – IP Society interview from

In this video interview with Patrick Reilly of Intellectual Property Society, I discuss why proper usage and trademarks and intellectual property are extra important when companies use social media.

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post image Receptor Blocker from

Daiichi Sankyo owns 5,616,599, which claims a compound formula (angiotensin receptor blockers "ARBs") used to treat high blood pressure. Research on this line of drugs began in the 1970s. '599 represents an advancement ...

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post image Tidal Energy’s DeltaStream Device: Three Turbines Are Better Than One from

Tidal Energy Limited (TEL) is a UK company that makes tidal power devices.  TEL recently received funding that it will use for a feasibility study of its “DeltaStream” technology and assess a potential deployment site ...

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post image BPAI Clarifies Patent Reissue Recapture Doctrine from

Does Recapture Include an Intermediate Claim Scope?

In a nutshell, the recapture doctrine prevents Patentees from broadening claims via patent reissue to “re-capture” subject matter intentionally surrendered during original prosecution. The recapture doctrine exists because ...

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post image SpicyIP Tidbit: Hyderabadi Haleem gets dubious GI tag from

From my own hometown [:-)], the famous- and extremely yummy- Hyderabadi Haleem has now been recognised as a Geographical Indication.
Now, while noone who has eaten Haleem will deny its unfailing quality to make the mouth ...

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post image Bpai unreasonable claim construction end midpoint from

BPAI finds that reading "end" on "midpoint" is unreasonable

Takeaway: The Applicant claimed two opposed ends of a bristle. The Examiner used a reference with a U-shaped bristle, and read one of the ends on ...

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post image Swiss Supreme Court: data protection prevails over enforcement of IP rights from

In a decision of 8 September 2010 (full grounds not yet published, press release here), the Swiss Supreme Court ruled that Logistep AG may not search peer-to-peer networks for copyright infringing files, register the IP ...

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Second Circuit Denies En Banc Reconsideration in Cipro® Case from

In re Ciprofloxacin Antitrust Litigation By Kevin E. Noonan -- The Second Circuit today denied plaintiffs' petition for rehearing en banc of its decision that the "reverse payment" agreement between Bayer and Barr over ciprofloxacin hydrochloride ...

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Sports Gear Maker Schutt Files for Bankruptcy After Losing Patent Infringement Suit from

The following is excerpted from a September 8, 2010articleby Randall Chase of the Associated Press published by the Washington Examiner:

Sports equipment manufacturer Schutt Sports Inc. has filed for bankruptcy protection,one month ...

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USPTO Updates Obviousness Examination Guidelines from

By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office issued an update to its obviousness guidelines, publishing a notice in the Federal Register (75 Fed. Reg. 53644) that highlights case law developments ...

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EU Launches Survey Of Countries’ Deficiency In IP Enforcement from

The European Commission has launched its survey on intellectual property protection and enforcement in third countries. The survey is open until 31 October. Every two years the Commission conducts “a broad IPR enforcement survey,” that ...

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USPTO Date Visualization Center from

In a move to create further transparency, the USPTO lately launched the beta version of a USPTO Data Visualization Center that introduces the patents dashboard as reported by the Director’s Forum: David Kappos’ Public ...

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July trade in intangibles from

This morning's July trade data from BEA contain some welcome good news. The trade deficit shrank somewhat -- down to $42.8 billion from $49.8 billion in June, revised. Exports were up by $2 ...

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Other economic news from

Besides the trade data (see previous posting), there was other economic news coming out today.

This morning, the OECD released its latest economic assessment. They project 2.0% GDP growth in 3Q 2010 and then ...

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What to do about bad essays? from

Peter Zura overviews the essay by Mark Lemley titled Can the Patent Office Be Fixed?

Yes, the topic of "bad patents" materializes in paragraph 1:

On  the  one  hand, the  PTO  has  been  issuing  a ...

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HP sues Hurd concerning trade secrets from

The Examiner writes: Hewitt Packard has filed a lawsuit against former CEO of HP Mark Hurd for breach of trade secrets by accepting a job at Oracle. According to court documents HP does not believe ...

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Reality check needed at the USPTO? from

An article by Susan Decker titled Patent Chief Kappos `On the Hunt' to Reduce U.S. Backlog, Spur Innovation begins with the text:

David Kappos, the head of the U.S. patent office, said his ...

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Patent Office Unveils Patents Dashboard, A Visualization Tool from

The Visualization Center shows graphics that look much like a speedometer, which is where the Patents Dashboard moniker comes from, but the data is also available for those who want to see the numbers and ...

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BIO Files Amicus Brief Supporting Eli Lilly Petition for En Banc Rehearing of Sun . Lilly from

Yesterday the Biotechnology Industry Organization filed an amicus brief supporting Eli Lilly in its petition for en banc rehearing of Sun v. Lilly, a recent Federal Circuit decision pertaining to the doctrine of obviousness-type double ...

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The Information Needed to Avoid Writing Bad Software Patents from

Software is now and will remain patentable in the United States. Software patents have been vilified by many, but they have been granted by the United States Patent and Trademark Office and upheld in federal ...

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GPG v. ITC: Federal Circuit Review of ITC Determinations from

By Jason Rantanen

General Protecht Group v. International Trade Commission (Fed. Cir. 2010)
Majority opinion authored by Judge Dyk, joined by Judge Prost.  Dissenting opinion by Judge Newman.

ITC determinations are subject to review by ...

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Inventing the 21st Century on Radio 4 from

I've just come back from our exhibition of recent British inventions, Inventing the 21st Century, where I and three of the featured inventors have been doing a "pre-record" (non-live) for Radio 4. It...

(From ...

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En banc CA2 denies rehearing in Bayer/Teva CIPRO settlement from

The Hill noted on 9 Sept 2010:

The U.S. Court of Appeals for the Second Circuit denied a full hearing in the case of a patent settlement concerning the antibiotic drug Cipro.

The Generic ...

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Profile of a patent searcher from

Recently I’ve begun to look at prior art searching as the intersection between three disciplines: patent law, information science, and at least one scientific or technical area (e.g. electrical engineering, chemistry, biotechnology, and ...

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ACI "Maximizing Pharmaceutical Patent Life Cycles" Conference, New York City, October 6-7 from

American Conference Institute will be holding its 11th annual "Maximizing Pharmaceutical Patent Life Cycles" conference on October 6th and 7th in New York City.  This conference is extremely popular with in-house and outside counsel for ...

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Romanticising Innovation and Showcasing Reality from

Readers may recollect an old and favourite theme of mine, "Romanticising Innovation". The basic idea being that notwithstanding our highly politicised debates around patents, we ought not to lose our focus on innovation. In fact ...

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