Patent & IP news for October 20, 2010



Patent & IP Blogs

post image Poster Child from

It's been a long time since we've seen one like this.

U.S. Patent No. 7,818,225

Financial instrument and related business method
Assignee: Excel Ventures LLC, Schenectady, NY

Issued: October 19 ...

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post image Tate & Lyle v Roquette Frères: meticulous verbal analysis? from

The IPKat has been pondering the Court of Appeal judgment in Tate &Lyle; Technology Ltd v Roquette Frères [2010] EWCA Civ 1049 for a little while now, after noticing it issuing last week.  This ...

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post image Wednesday whimsies from

Can you pause for a moment and spare a thought for one of our brethren. Trade mark and IP enthusiast Jean Léon Pire, formerly with Gevers and now with its sister company Valipat, is bravely ...

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post image Passing off and the CTM - three questions from Japan from

The IPKat has been contacted by his learned friend Japanese attorney Masahiro Tomabechi with three detailed questions concerning "passing off" and Community trade marks.

Masahiro has spent the last few weeks on secondment in London ...

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post image Bpai claim term requires same perspective from

Takeaway: The BPAI held that a proper claim construction of "curved" and "straight" must use the same perspective for both terms. The Examiner's erroneous construction interpreted "curved" using a cross-section view while using a ...

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post image How does your patent search system compare? from

Note: If you followed last week’s post on gaps in patent search systems, be sure to go check out the very active comments section! There were a number of great points made that we ...

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post image PCC Update 1: new regime, new judge, old case, old rules from

Judge Colin Birss QC, the recently-appointed judge for the recently-revamped Patents County Court, gave an instructive judgment for prospective PCC litigants and their professional representatives today in Technical Fibre Products Ltd & Anor v Bell & Ors ...

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post image Horse Trading: Trends in Stays Pending Reexamination from

The Emergence of Patent Reexamination as a Litigation Bargaining Chip

As discussed last week, defendants may opt to creatively present their motion for stay pending patent reexamination to increase the likelihood of a favorable district ...

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Raymond Loewy, pioneer of industrial design from

One of my heroes in industrial design is Raymond Loewy, a Frenchman (later an American citizen) who took manufactured products by the scruff of their neck and made them attractive and practical. It...

(From Steve ...

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False Marking Complaint Alleging Defendant had "No Reasonable Basis to Believe" Its Products were Patented Sufficiently Pled Intent to Deceive from

Defendants' motion to dismiss plaintiff's qui tam false marking action for failure to plead intent to deceive with particularity was denied. "The complaint . . . alleges that defendants were advertising [their] products as patented on June ...

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China’s Intellectual Property Prowess: Copycat or Competitor? from

Many Westerners view China as little more than the world’s factory manufacturing anything with little regard to patents, copyrights and trademarks. However, as far as patents go, China is moving on up. According to ...

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Tips for Independent Contractor Compliance from

Many information technology consultants, design specialists, development experts, and others who develop or provide intellectual property-related services for others do so as an independent contractor.  In these situations, both clients and contractors must carefully structure ...

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Supreme Court issues show cause order to law professors from

In a further development in the Del Castillo matter, the Philippine Supreme Court issued a show cause order against UP College of Law faculty members to explain why they should not be “disciplined as members ...

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KU to Hold Biolaw Conference from

The University of Kansas School of Law will be holding its fourth annual biolaw conference from 8:30 am to 4:30 pm this Friday, October 22. This year's conference, entitled "Biolaw 4.0 ...

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USPTO Peer to Patent Program Expanded to Include Biotech Patent Applications from

By Sherri Oslick -- The U.S Patent and Trademark Office announced on Tuesday that it plans to expand the Peer to Patent pilot program to include applications in biotechnology, biopharmaceuticals, and bioinformatics, among other areas ...

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Resource for new Florida Tech Companies – Florida TechVenture 2010 from

By Scott Nyman It has recently come to my attention that the Florida Technology Journal are hosting an event that may interest you. The event is intended to connect new Florida technology companies with growth ...

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False Marking - Over 500 Suits Filed in 2010; New Bill Proposed to "Fend Off" Such Suits from

As we expected in an article published early this year, "the year 2010 will see the continued renaissance of the newly created ad hoc 'patent marking police.'"  The total number of false marking suits filed ...

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China’s lead patent filing does not make it an innovation star from

No Patent law existed in China until 1985, and the country has a deserved reputation for trampling on intellectual-property rights. But that could be changing. Anxious to promote domestic innovation, the Chinese government has created ...

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Copyright Industry Makes Pitch For Economic Benefit Of Anti-Piracy In Developing Countries from

Copyright law is not always a barrier to access to knowledge, but lack of adequate or predicable copyright enforcement in developing countries can prevent the evolution of their own local creative industries, said several representatives ...

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Study Touts Economic Benefits Of Biodiversity from

A study showing the economic benefits of biodiversity and the costs of its destruction was released today at the UN Convention on Biological Diversity conference in Nagoya, Japan. Related Articles:

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A defense of government procurement as a driver of innovation from

I have long argued that government procurement is an important tool in spurring innovation. Here is a piece from Steven Hayward of the American Enterprise Institute on energy policy. The article (originally published in the ...

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Minister: India Anticipates European Fix To Law Delaying Generics Shipments from

Europe has promised at the "highest levels" to fix laws that caused generic medicine seizures in the Netherlands, the Indian Minister of Commerce and Industry said today. The minister is in Geneva for meetings on ...

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NGOs: Biopiracy Ongoing As Delegates Work on International Instrument from

NAGOYA, JAPAN - Discussions on a draft protocol to prevent biopiracy were intense again on Wednesday, with night sessions going late as delegation try to find common language on a legally binding instrument. Around the discussions ...

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Anticipate This!™ at AIPLA 2010 Annual Meeting. from

We are pleased to announce that Jake Ward will be presenting at the Annual Meeting of the American Intellectual Property Law Association (AIPLA) this Friday, October 22nd from 2:45PM-3:05PM, at the Marriott Wardman ...

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Federal Court OK’s Amazon 1-Click Patent from

Stuart Freen is a JD candidate at Osgoode Hall Law School After a 12-year legal battle, Amazon may finally be able to get a patent in Canada on its “1-click” e-commerce system. The Federal Court ...

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Peer To Patent Sequel: USPTO To Being New Pilot Program from

The initial Peer To Patent pilot program, which began in 2007, opened the patent examination process to public participation in the belief that such participation would accelerate the examination process and improve the quality of ...

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Sanofi Wins $442 Million in Plavix Patent Case from

The following is excerpted from an October 20, 2010articleby Victoria Slind-Flor at Bloomberg:

Sanofi-Aventis SA won a $442 million judgment against Apotex Inc. in a lawsuit over the patent for the blood thinner ...

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GSK Forms Alliance for Development of Gene Therapy Techniques for Rare Diseases from

By James DeGiulio -- Earlier this year, we reported on the therapeutic potential of gene therapy experiencing a revival of sorts after falling out of favor for over 10 years (see "Gene Therapy Experiencing a Revival ...

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Bayer Submits Brief in Therasense v. Becton Dickinson from

By Kevin E. Noonan -- Co-defendant Bayer Healthcare LLC has submitted its brief in the Federal Circuit's en banc reconsideration in Therasense Inc. v. Becton Dickinson & Co. The brief's basic argument is that the ...

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