Patent & IP news for September 13, 2010

Patent Litigations



Patent & IP Blogs

post image A Riff on Brands: Black Swans, Perrier and Benoit Mandelbrot from

It is my worst nightmare. After a multi-day celebration of the New Year holiday, I seem to have come down with with a bout of that most dreaded of maladies--writer's block. So many ideas ...

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post image Mercury Cable & Patent Reexamination Trash Talk from

Thank god football is back, where else but the NFL does the blind faith reign supreme and delusional face painters make crazy predictions about future outcomes….but enough about Dallas Cowboy fans. Occasionally, in the ...

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post image Love it or Leave it – championship logos in the news: US Open, FedEx Cup, FIBA World Championship, Ryder Cup from

There are lots of sporting events going on this time of year. The US Open just ended, as did the FIBA World Championship in basketball. The NFL season just began. In golf, the Ryder Cup ...

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post image Brandjacking Index on luxury goods brings more gloom from

MarkMonitor has today released a special issue of its Brandjacking Index 2010, dealing with the luxury goods sector.  Its 11 handsomely-produced pages make fascinating reading, dealing as it does with the methodology of the use ...

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post image Buchanan+nipper from

Fellow bloggers J. Matt Buchanan ( and Stephen M. Nipper ( are joining forces to create a new law firm Buchanan Nipper LLC.

In 2008, Matt opened the doors to his ...

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post image Single-Attorney Prosecution; Compact Prosecution; and the USPTO Backlog from

The US Patent Office has long favored a “compact prosecution” examination approach. With compact prosecution, once substantive examination begins, the Office focuses its attention on promptly conducting and concluding the examination.  By reducing the duration ...

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post image On The Verge from

5,910,514 claims a colorant for synthetic mulch made of rubber, an ecologically disgusting invention only a suburban garden gnome could appreciate. The district court didn't appreciate that claims relied upon a purported ...

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post image Dear Interest, Dear Policy -- a case of taking the epistle from

The United Kingdom's Intellectual Property Office is one of the IPKat's favourite institutions.  It is user-friendly and has a pretty effective website too.  Every so often, however, the Kat feels that there's ...

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post image Monday miscellany from

Around the blogs. "Intellectual property information at your fingertips" is a big claim, but the illustrious US law firm of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP proposes to match it via its blog.  Looks good ...

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post image Accessory after the Kat: competition result from

Accessory after the Kat. The IPKat has been a little slow to post the winner of the "Must-Have IP Accessory" competition, for which the prize is complimentary admission to next Tuesday’s “Handbags at Dawn ...

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post image Preamble Ablation from

6,986,764 claims "photoselective vaporization of tissue," though that phrase appears only in the preamble. A district court judge found the patent not infringed because the accused product didn't do it. A CAFC ...

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post image Former Chief Judge Takes off Robes and Gloves from

Anti-Patent Trash Talk Hurts Economy

Hon. Paul Michel, Chief Judge for the Court of Appeals for the Federal Circuit (CAFC), who left the bench recently after serving for 22 years has no plans for a ...

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post image Time to welcome the nimbus? from

IPKat team member Jeremy was kindly invited to write a guest editorial for the CIPA Journal. Knowing what an august organ that journal is [or, until this month, was, says Merpel], he donned his thinking ...

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On not recognizing creativity from

From PCWorld:

Many college students don't view the construction of research papers from copied and pasted Wikipedia entries as an act of plagiarism. Sometimes I wonder if young people even know what creativity is ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Abbott Laboratories et al. v. Teva Pharmaceutical Industries Ltd. et al. 1:10-cv-00766; filed September 8 ...

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IBM's US 7,788,063: A total weight of passengers on the vehicle is divided by an estimated weight of each of the passengers to estimate how many pass from

Evoking memories of the infamous airplane toilet queue patent, IBM has now obtained US 7,788,063, titled Utilizing gross vehicle weight to determine passenger numbers. The first claim recites:

A method of determining passenger ...

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More Number Crunching: USPTO Board Statistics from

Last week the USPTO unveiled its new "Data Visualization Center" which provides patent application pendency, backlog and examination data in a graphic "dashboard" format. While not as fancy, the Board of Appeals and Interferences also ...

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Ten Principles for Good Design from

Dieter Rams was formerly the head of design for Braun, the German electrical engineering company. His "Ten Principles for Good Design" -- sometimes called the ten commandments of design -- were...

(From Steve van Dulken's Patents ...

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Roche and Novartis, finally, manage to defend their patents in Oppositions filed by Cipla from

In a sign of the changing times, Swiss companies, Novartis and Roche have finally managed to defend their patents in oppositions filed by Cipla. While Novartis defeated Cipla in a pre-grant opposition against its patent ...

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Results :1st Franklin Pierce Law Center Intellectual Property Law Essay Competititon,2010. from

The Results of 1st Franklin Pierce Law Centre Intellectual Property Law Essay Competition, 2010in association with National Law University, Jodhpur have been announced. Heartiest congratulations to all the winners! We wish them all the best ...

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IP-Watch Chairs IP Law Summit from

Intellectual Property Watch Editor William New this week is chairing an IP Law Summit in Las Vegas, Nevada (US), being held from 12-14 September. The event is addressing latest issues at the United States Patent ...

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Transparent Aluminum from

By Aaron B. Thalwitzer As any self-respecting nerd will tell you, “Star Trek” was greatest, most influential, and most realistic franchise of the twentieth century. It has inspired social change, technological advancement, and generations of ...

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Importance of new business models from

The Economist's latest Technology Quarterly has it normal set of hot new techie ideas (literally since the lead story is on geothermal energy). It also has this interesting piece -- Energy in the developing world ...

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That iTune business model from

Just a short follow up to my earlier posting on business models. I (and others) have often argued that one of the key success of the iPod was its business model -- in that it made ...

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Inequitable Conduct Pleading Must Allege How Examiner Would Have Used Undisclosed Information from

The magistrate judge recommended granting plaintiff's motion to dismiss defendant's inequitable conduct defense. "[Defendant's] inequitable conduct allegations do not satisfy the 'how' and 'why' requirements of [Exergen Corp. v. Wal-Mart Stores, Inc ...

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Interesting blog posts from

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Maia Davies Redux: Artists and TPMs from

In a recent op-ed piece in the Montreal Gazette, Maia Davies gave her support for the new TPM provisions included in the Bill C-32 copyright reform proposals. Her argument represents the views of many creators ...

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Preambles as Limitations from

By Jason Rantanen

American Medical Systems, Inc. v. Biolitec, Inc. (Fed. Cir. 2010)
Panel: Bryson (author), Dyk (dissenting), and Prost

It may come as no surprise that the law on whether claim preambles can serve ...

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USPTO, EPO Announce Extension of Patent Prosecution Highway from

The EPO and USPTO today announced that they intend to extend the trial period for the Patent Prosecution Highway (PPH) Program until January 28, 2012, effective October 2010. This is the second extension of this ...

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Federal Circuit: Foreign Application Not Priority in Interference When it Only “Envisions” Invention from

Last week the United States Court of Appeals for the Federal Circuit issued a ruling in Goeddel v. Sugano, which might be one of a dying breed should patent reform actually pass. The case dealt ...

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Unprecedented T-Cell Immune Responses in Human Trial of DNA Vaccine for Cervical Dysplasia and Cancer Caused by HPV from

While success in Phase I is critical, there are substantial hurdles to overcome yet before this vaccine could reach the market. Nevertheless, such a promising cancer vaccine ought to be heralded by everyone, right? Think ...

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BPAI motivation combine different context from

Takeaway: The BPAI found unpersuasive an Applicant's "no motivation to combine argument" that a primary reference related to a home user context while the secondary reference related to a mass production context. The Board ...

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Joule Unlimited's US 7,785,861 from

Joule has obtained US 7,785,861 (issued 8/31/2010 on app. 20090203070, HYPERPHOTOSYNTHETIC ORGANISMS ) with
first claim reading:

An engineered cyanobacterial cell for fuel production, wherein said cell comprises a recombinant nucleic acid ...

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