Patent & IP news for October 26, 2010

Patent Litigations



Patent & IP Blogs

post image They Invented What? (No. 186) from

U.S. Pat. No. 5,593,111: Safety system for removing a rider from a vehicle by deploying a parachute.

What is claimed is:

1. Apparatus comprising:
           a drag-inducing device affixed to a rider for ...

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post image Unified Patent Classification One Step Closer to Reality from

In an effort under the IP5 forum (Five IP Offices) banner, the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO) have agreed to move forward on jointly developing a unified ...

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post image Wednesday whimsies from

Dead King still enjoys royalty perks, but Shultz earns Peanuts. While it has been established since the days of Lewis Carroll (deceased) that a Kat may look at a king, it is plain that he ...

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post image Two paradoxes and a paradigm: a tale of three books from

Neil Netanel's Copyright's Paradox was such a cool book title, and this was a book published by his very good friends at Oxford University Press, that the IPKat confidently expected to receive a ...

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USPTO and EPO to Develop Joint Patent Classification System from

By Donald Zuhn -- In a joint press release issued on Monday, the U.S. Patent and Trademark Office and European Patent Office announced that the two offices would be working together to develop a joint ...

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Free Daily Patent Litigation Alerts from's alerts are free to the first 100 people who sign uphere.

Every morning Priorsmart sends out an email for attorneys summarizing new patent litigations in the U.S.

Each email includes ...

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IP And Competition Policy Can Help Each Other, Officials Say from

Intellectual property and competition policy are sometimes seen as counterweights, but an efficient patent system and effective competition policy are ultimately complementary in nature, speakers said at an event today at the World Intellectual Property ...

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Preparing for Future Litigation Before Your Patent Issues from

This strategy is tried and true, and any company with a serious patent portfolio and an eye toward enforcing that portfolio through licensing or litigation has followed this strategy. What you do is look at ...

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EPO and USPTO Agree to Develop New Patent Classification from

Yesterday the EPO and USPTO announced that they have agreed to jointly develop a patent classification system based on ECLA and the IPC. The press releases are here and here.

Both offices have yet to ...

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To PCC or not to PCC? Here's a helpful chart from

Published here in the current issue of the UK Intellectual Property Office's IP Insight, in "IP enforcement in UK: Cheaper and simpler new procedure", but first published here as one of its IP Updates ...

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Non-analogous art classifications different from

Arguments guaranteed to lose: non-analogous art when classifications are different
Takeaway: In evaluating non-analagous art arguments, the BPAI considers evidence that references are in different PTO classification to be "weak." The Board has cited two ...

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The ACLU Gene Patent Challenge: Analysis of Myriad's Brief from

Yesterday I posted a link to the brief filed last Friday by Myriad Genetics with the Federal Circuit in the case of AMP v. PTO (ACLU and Public Patent Foundation challenge to gene patents). In ...

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Brin Panna & The Chamber of Oppositions- I from

For the purposes of this post, let’s have a few characters- Brin Panna is the protagonist and Peeve Jobs is the antagonist (Poltergeist, may be). And let’s call the story- “The Obvious Indian ...

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Climate-Ready Crop Patents Present Danger For Biodiversity, Group Says from

NAGOYA, JAPAN - A civil society group this week warned government officials gathered here against patents on “climate-ready” crops and what they characterised as an attempt to obtain an exclusive monopoly over plant gene sequences. The ...

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Convenience of False Marking Plaintiff "in the Business of Litigation" Given Little Weight in Venue Dispute from

In granting defendant's motion to transfer venue of plaintiff's qui tam false marking action, the court found that the convenience of the parties favored defendant. "[Plaintiff] manufactures and produces nothing. It is in ...

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The Art of Selling Chocolate: Remarks on Copyright’s Domain from

Abraham Drassinower is an Associate Professor in the Faculty of Law at the University of Toronto On July 27, 2007, the Supreme Court of Canada released a significant decision dealing with copyright and parallel imports ...

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Trading or employment? from

In XX v HMRC (and related appeals) (TC00689): the First Tier Tax Tribunal has confirmed that licence fees paid to an inventor (XX) by a company of which he was a director were trading income ...

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Protocol on ABS Could Further Impoverish Indigenous Peoples, Groups Claim from

Indigenous peoples today walked out of the ongoing negotiations at the United Nations Convention on Biological Diversity in Nagoya, Japan, according to an indigenous representative. Indigenous Peoples are being left with a bitter taste from ...

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Change Coming For Quiet UN Plant Variety Protection Agency? from

Two new civil society observers were admitted last week to the Union for the Protection of New Varieties of Plants (UPOV) though whether that represents a cultural shift for the organisation or simply a procedure ...

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Inventor's prior art patents and prosecution history lead to reversal of claim construction from

In a recent decision, the Federal Circuit reversed a district court's grant of summary judgment of noninfringement and invalidity based on inadequate written description.  The issue of infringement was reversed based on the district ...

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Food Security Rests On Wild Plant Genetic Diversity, Says UN from

The world's future food security could ride on the ability to save the wild cousins of crops usually cultivated for human consumption, says a Food and Agriculture Organization report out today. Related Articles:

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U.S. and Europe agree to merge patent classification system from

On October 25, 2010, the United States Patent and Trademark Office and the European Patent Office have agreed to merge the classifications systems for the two offices. The merged classification system would be based on ...

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Biodiversity Benefit-Sharing Treaty Negotiators Tackle New Text As Clock Ticks from

Another grace period has been given to negotiators trying feverishly to find agreement this week in Nagoya, Japan on an international instrument protecting countries against unlawful appropriation of their genetic resources and ensuring the fair ...

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Announcing the Winners of Canada’s 2010 IP Writing Challenge from

Professor Giuseppina D’Agostino is the Founder and Director of IP Osgoode Michel Gérin is the Executive Director of the Intellectual Property Institute of Canada IP Osgoode and the Intellectual Property Institute of Canada are ...

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Is the IPAB above the RTI Act, 2005? from

It has been five years since Parliament has passed the Right to Information Act. The legislation which gives citizens a right to demand information from the Government has been a tremendous success across the board ...

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NCIS "Cracked" episode does biofuels, patents from

The NCIS episode titled "Cracked" on October 26, 2010 gave a healthy does of US Navy - sponsored research on biofuels, and two distinct references to patents.

Of the former, bacteria (nominally E. Coli) would consume ...

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The benefits of scientific blogging from

A blog at The Scientist notes:

But in early 2005, he started a blog after hearing about the virtual world, Second Life. Eisen says that his eyes were opened to the nearly endless possibilities to ...

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NCIS-LA does the chemistry of Sarin from

Keeping with the theme of heavy-duty chemistry in the NCIS "Cracked" episode on 26 Oct 2010, NCIS-LA gave a brief look of the chemistry Sarin.

Isopropenol, sodium fluoride, phosphorous trichloride and acetonitrile--are all useful in ...

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"The Good Wife" reprises the blue dress from

"Four hours to decide if we sue the most beloved Democrat in America." In the show, this is one "Joe Kent," Nobel Prize winner.

The issue is what happened during a VIP massage session at ...

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Inequitable conduct larson aluminart remand from

Takeaway: We all know that inequitable conduct requires materiality and intent. But I think sometimes we forget that in the end, it comes down to balancing the equities – materiality vs. intent – so finding a little ...

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Preparing Yourself for When the Patent Market Explodes from

Pundits I have heard talk about the economy suggest that there is anywhere from $1 trillion to $3 trillion sitting in business bank accounts just waiting for a signal. As that money starts to go ...

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