Patent & IP news for September 27, 2010

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post image Patent System Proposals Show Promise But from

The Devil is in the Details

A plan to resolve significant numbers of patent disputes quickly and cheaply, and another to use patents to create more U.S. jobs are the subject of the October-November ...

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post image Broadening Patent Reissue Requires Unequivocal Declaration Statement from

BPAI Once Again Shoots Down Broadening Reissue

Patent reissue has been a recurring topic here as of late. More recently, the breadth of the recapture doctrine has been discussed. Earlier this year, I discussed ex ...

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post image Indefiniteness claims inconsistent spec from

Takeaway: The BPAI has affirmed indefiniteness rejections under § 112, 2nd paragraph when a claims is inconsistent with the specification, citing In re Cohn, 438, F.2d 939, 993 (CCPA 1971)(sustaining rejection of claims under ...

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post image Monday miscellany from

Maybe what the IP community
needs is an all-action team ...
The October issue of Oxford University Press's monthly Journal of Intellectual Property Law & Practice (JIPLP) has just come out (table of contents here). The ...

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post image Is it lawful for Examiners to grant Patents under the Patents Act, 1970? from

Earlier this year on the 3rd of August the Bombay High Court disposed a writ petition filed by one Bharat Bhogilal Patel, inventor who had been granted two patents by the Patent Office, Mumbai for ...

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post image British inventiveness: fact or myth? from

Remember the good old days when British inventiveness loomed large ... The IPKat's friends at the Chartered Institute of Patent Attorneys (CIPA) have spurred him into action, even though this member of the blogging team ...

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The Royal College of Art at the London Design Festival from

On a wet Friday I visited the exhibitions put on by the Royal College of Art (RCA) as part of the London Design Festival. The Festival is a time when as many events as possible ...

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An Appealing Patent Term Adjustment Issue from

Since the Federal Circuit decision in Wyeth v. Kappos, we have been applying greater scrutiny to the USPTO's interpretations of the Patent Term Adjustment (PTA) statute. While we previously reviewed the USPTO's calculations ...

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Chronic Tacos Gets Trademark Infringement Munchies from

Santa Ana, CA – Chronic Tacos Enterprises (“CTE”) is a franchisor of Mexican food restaurants under its Chronic® and Chronic Tacos® trademarks. Defendants are alleged to be former temporary licensees at the Huntington Beach location, which ...

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Telecinco v YouTube: a Spanish landmark? from

Readers may by now be well aware of the decision of a Madrid court to dismiss copyright infringement claims brought against YouTube by Spanish television broadcaster Gestevision Telecinco SA. This decision is welcomed by YouTube ...

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Marching ducks, goats on a roof, sound of a Lightsaber, and other unusual trademarks from

A trademark can be anything that identifies one brand from its  competition. Of course, words and images are the most common types of trademarks, but sounds, smells, textures and other unique marketing tools can be ...

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Technology innovation awards -- and beyond from

Today, the Wall Street Journal published the winners of its Technology Innovation Awards.

[One pet peeve: unfortunately, the shorthand version they use for these awards is just "innovation" -- which continues the misplaced notion the innovation ...

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The Realities Of Traditional Knowledge And Patents from

In India, laws acknowledge the fact that traditional knowledge cannot be protected by intellectual property rights and that if documented the knowledge would be lost by the communities to which it belongs through expropriation. Putting ...

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Federal Circuit decisions address false marking statute in Solo Cup and Brooks Brothers cases from

The Federal Circuit continues to address false marking cases. The court's recent decisions stress how important it is for patentees to monitor and update their labeling and other marking activities, particularly as patents expire ...

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General Allegations of Deceptive Intent Fail to State a Claim for False Marking from

The court granted defendant's motion to dismiss plaintiff's qui tam false marking action for failing to meet the heightened pleading standard of Rule 9(b) with respect to intent to deceive. Allegations that ...

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Echoes Of Global Patents Wars At WIPO Annual General Assembly from

Echoes of the struggles and advances in patent policy around the world were heard this week in the annual meeting of the member governments of the UN World Intellectual Property Organization. At stake is no ...

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Heavily Litigated NPE Patents Don't Hold Up When Tested from

The following is excerpted from a September 27, 2010articleby Joe Mullin published at Courporate Counsel:

Stanford University law professor Mark Lemley's studies tend to make waves in the world of intellectual property ...

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"intent" in plagiarism at UVa from

LBE wrote the following to the Cavalier about a past discussion in which the element of "intent" is to be added to the definition of plagiarism at the University of Virginia:

For the sake of ...

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Infringement Suit a Far Cry From Having Personal Jurisdiction from

By: Scott Nyman There’s no secret that the motion picture industry is pursuing copyright infringers in the courts, with lawyers for the US Copyright Group filing suit against more than 14,000 people this ...

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SpicyIP Tidbit: DIPP invites applications for 'Examiners' posts; 25-10-10 deadline for applications from

After a significant debate on this blog on the shortage of examiners at the Patent Office, the Department of Industrial Policy and Promotion, Ministry of Industry and Commerce has released an elegantly well drafted 46 ...

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Gibbons Launches Apprenticeship Program - First Apprentice Assigned to Firm's Intellectual Property Department from

Gibbons P.C. has launched an apprenticeship program to help maximize the value of its legal and client services while also providing a solid training ground for new attorneys. John Cahill will serve as the ...

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Compliance with industry standards can be used to show patent infringement from

In Fujitsu et al v. Netgear, the Federal Circuit held compliance with an industry standard can be sufficient evidence to establish patent infringement.  However, this rule only applies when the only way to adhere to ...

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Is There a s. 73 Duty of Candour and is Deemed Abandonment a Ground for Alleging Patent Invalidity? from

Essien Udokang is an Articling Student at Torys LLP The term “good faith” suggests a sincere belief or motive without any malice or the desire to defraud others. Section 73(1)(a) of the Patent ...

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Judge O’Malley Nomination Moved Out of Senate Judiciary Committee to Full Senate from

The Senate Judiciary Committee held a vote on Judge Kathleen O’Malley last Thursday during its business meeting.  By voice vote of the committee members, Judge O’Malley’s nomination was approved unanimously by the ...

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Breakthroughs & Abandonment: Patent Abandon Rate is a Reliable Measure of Speculative Portfolios from

Abandons per action can be interpreted as a level of speculation in applications. Applications that have high abandon rates are highly speculative. Most of the inventions described in these applications ultimately have little value and ...

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Patent bloggers at AIPLA in DC from

The AIPLA Annual Meeting will be held in October, in Washington DC. One of the programs is a panel discussion of patent bloggers. I'll be one of the panel speakers, joined by fellow bloggers ...

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