Patent & IP news for October 6, 2010



Patent & IP Blogs

post image Federal Circuit Reverses Claim Construction and Finds Claim Obvious Over Prior Art from

Lucky Litter LLC v. ITC (Fed. Cir. Oct. 6, 2010) (nonprecedential)

In this case, the Federal Circuit reversed the ITC's claim construction and found the claim at issue obvious over the prior art.  The ...

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post image Private: Interesting Patent Cooperation Treaty Statistics from

Are you curious about patent filing statistics? Perhaps you’re interested in seeing which companies have the most filing activity. More interested in the most active countries? How about which technology areas?

The World Intellectual ...

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post image Skating on thin ice? Liability for direct and indirect infringement in Canada from

A recent Canadian Federal Court decision, Bauer Hockey Corp v Easton Sports Canada Inc (2010 FC 361), gives patent owners an extra option by affirming that a defendant can infringe both directly and, indirectly, through ...

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post image Are you small, American, IP-ish and in business? If so, read on ... from

It's so strange to see a familiar problem when it's viewed from the other side.  European commentators and analysts have long made deeply concerned clucking noises about the fate of small (often but ...

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post image Jumping Line from

The 1984 Hatch-Waxman Act created a path for generic drug companies to line up for manufacture of drugs coming off patent. Teva tried to jump the line for donepezil, an Alzheimer treatment drug, from Eisai ...

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post image Madras High Court hands Google 'Adwords' its first interim victory from

In a significant decision the Madras High Court, on the 30th September, 2010 passed an interim ruling in Google's favour in the the year old trademark infringement suit filed by Bharat against ...

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post image Grilled or Fried? And What About the Brand? from

Col. Sanders For those of you who like to consider how trade marks play out in the broader socio-legal context, there is nothing better than a dispute between a franchisor and its franchisees. I acknowledge ...

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Google responds on Android lawsuit from

The WSJ noted: Google Inc. (GOOG) has fired back at Oracle Corp. (ORCL), denying all seven of the software maker's claims of infringement on patents and copyright, and arguing that Oracle is now attacking ...

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USPTO Expands and Extends Patent Prosecution Highway from

By Donald Zuhn -- Last month, the U.S. Patent and Trademark Office announced that Patent Prosecution Highway (PPH) pilot programs had been established with the Spanish Patent and Trademark Office (SPTO), the Austrian Patent Office ...

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Legality of Patent Agent Exam: Collaborative Policy and CLAM from

In the aftermath of the last patent agent exam, in March this year, we had a heated round of discussions on this blog. For a nuanced statistical analysis of the results of this exam, please ...

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Patents and ‘abusive’ divisionals from

While we’re on the subject of raising patent standards, the Commissioner has also introduced new rules for divisional applications.

IPNow and Patentology explore what it all means for those of you filing patent applications.

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James Dyson Award winner, 2010 from

The winner of the James Dyson Award 2010 has been announced. It is Samuel Adeloju, an industrial design graduate from Australia, with his Longreach buoyancy bazooka. An emergency bouyancy aid is shot...

(From Steve van ...

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The ITC End-Around District Court Stays Pending Patent Reexamination from

The greatest season of the year, is neither winter, spring, summer or fall, it is football season. Despite the fact that my Eagles are looking hapless these days, and my fantasy football teams are already ...

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ACTA Text Will Be Released Today At 16:00 from

The latest text of the Anti-Counterfeiting trade agreement will be released at 4 in the afternoon, Central European Time, Intellectual Property Watch has just learned. It will be released online at the websites of the ...

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Social Media posts = possible evidence from

With the benefits and joys of social media also come the risks, harms and dangers.

Your Facebook posts may not be private, even when among “friends.” A judge in New York ruled that photos of ...

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Ballmer: today's patent system better than no patent system from

Steve Ballmer at the London School of Economics, as quoted in the Guardian:

"We think that the law ought to be reformed to reflect modern times. But if you ask me in general 'are we ...

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Chemistry Nobel in palladium from

While the Physics Nobel for graphene went to "youngsters," the Chemistry Nobel went to older folks:

Heck, 79, is a professor emeritus at the University of Delaware. Negishi, 75, is a chemistry professor at Purdue ...

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All tongue and no heart – Gene Simmons on business from

by Scott Nyman KISS front man, Gene Simmons, presented a speech in Cannes, France this Tuesday about creating and spreading your brand.  No one doubts Simmon’s success with his band KISS and subsequent television ...

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Manufacturer of Electronic Voting Systems did not Infringe Method Claims Requiring Action by End User Voters from

The court granted in part defendant's motion for summary judgment of noninfringement as to claims reciting a method of voting that included steps that could only be performed by the end user voters. "The ...

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Universities and Intellectual Property from

The National Research Council (the research arm of the National Academies) has just released its new report on Managing University Intellectual Property in the Public Interest. The product of two groups -- the Board on Science ...

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Federal Circuit Uses Five Judge Panels in Rambus Appeals from

The Federal Circuit is using five judge panels in the rehearing of the two Rambus cases on appeal at the Federal Circuit.  The court heard oral argument this morning in Micron Technology v. Rambus (2009-1263 ...

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Student groups ask for reconsideration of TRIPS-plus provisions of EU-India FTA from

Earlier yesterday, several student organisations including the European section of International Students Access to Medicines Organisation as well as the Universities Allied for Essential Medicines, amongst others, sent a letter to the EU Trade Commissioner ...

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European Patent Annuities from

inovia doesn’t directly manage payment of patent annuities (unless they’re due at national phase entry), but the topic comes up frequently with clients who use our foreign filing platform to validate their European ...

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If you ever wanted to litigate a patent in Damascus, good news from

From the TAG-Legal newsletter comes news that Syria -- so long an outsider in the world of international IP protection -- has started to take the steps necessary to enable the country to sign international protection and ...

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Section 107A(b): A Preliminary Summary of Thoughts On International Exhaustion from

In the last two posts, I took the view:1. That Section 107A(b) does not refer to international exhaustion since it creates an exception from infringement for importation into India, of a good which ...

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Exclusive Patent Rights: Learning from the Animal Toy Patent from

Claim #1, the broadest claim in this patent, says that this “animal toy” has a solid main section, at least one protrusion and is adapted for floating in the water. While not every stick would ...

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WSJ: Slim Odds for Inventors from

The Wall Street Journal noted:

The path to prosperity can be long and arduous for inventors. Even if they manage to secure a patent, which can take years, they usually need to find a business ...

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Motorola sues Apple from

from WSJ: Motorola Inc. (MOT) filed several patent-infringement complaints against Apple Inc. (AAPL), further complicating the legal entanglements between technology companies feuding on the mobile battleground.

Motorola's complaints, which were filed in two U ...

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BPAI obvious routine modification miniaturize from

Takeaway: Obviousness analysis under KSR takes "account of the inferences and creative steps that a person of ordinary skill in the art would employ," so that routine modifications are probably obvious. In Ex parte Rhine ...

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IPO Submits Commentary on USPTO Bilski Interim Guidance from

By James DeGiulio -- On July 27, 2010, the U.S. Patent and Trademark Office published Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos in the Federal Register ...

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