Patent & IP news for October 28, 2010



Patent & IP Blogs

post image Practical Impact of Patent Reissue Pendency from

Equitable Intervening Rights a Function of USPTO Delay?

Whether a narrowing patent reissue application or broadening patent reissue application, USPTO pendency delay is significant. As discussed yesterday, narrowing reissue applications appear to  fare no better ...

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post image ARM and IP royalty rates from

One of the most confusing terms in the semiconductor industry is the term "IP". IP lawyers and patent agents, like this blogger, will often think of intellectual property in terms of patent rights. IT administrators ...

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post image The Advertising Wars of Kellogg's Corn Flakes from

It's time for this Kat's breakfast confession. When I munch down my cereal, I seldom look at the packaging of the box. In fact, more often than not, there is no box at ...

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post image Is it Patentable? No. from

At the BIO IP Counsels Committee Conference (IPCC) in Boston last week, Sandra Wells, VP and Chief IP Counsel of Affymetrix, gave a talk about the evolving patent-eligibility standards for genes.

Earlier, the American Civil ...

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post image Has illegal filesharing just become "a little cheaper" in Germany? from

An interesting decision on damages in cases of copyright infringing file-sharing has been handed down by the Regional Court Hamburg (LG Hamburg, decision of 8 October 2010, case reference 308 O 710/09).

In a ...

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post image IPEC seminar: the full programme from

Could a US-style IPEC rule Britannia's IP enforcement sector? The IPEC -- or Intellectual Property Enforcement Coordinator -- is one of the most original and stimulating innovations on the United States IP enforcement scene. Functioning within ...

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post image Killed by its own bullet from

If you claim patent infringement and defendant’s product was prior to your patent then…

I read in here that “a federal judge has dismissed a patent infringement suit brought by Teva Pharmaceuticals ...

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post image File downloading is cheap in Germany from

This blogger knows one or two people who have MP3 players, some of which include songs which may or may not have been downloaded illegally (he would prefer not to know), but he's always ...

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Pfizer and Biocon Sign Global Commercialization Agreement on Biosimilars from

By Donald Zuhn -- Since President Obama signed the Patient Protection and Affordable Care Act into law in March, thereby establishing an approval pathway for biosimilar biological products, the biotech industry has waited to see which ...

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Spicy IP Tidbit: WIPO launches new Database for profiling IP case Studies from

About a month ago, WIPO had added yet another new entrant to its growing count of databases facilitated to promote and enrich overall development and experience of IP throughout the world. Named IP Advantage, this ...

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Levofloxacin: Opportunities for Generic Launch from

The following is excerpted from an October 2010 GenericsWeb press release:

GenericsWeb, a leader in established pharmaceutical patent searching and analysis, recently published an article based on its proprietary patent intelligence for the antibacterial drug ...

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Big Pharma Stranglehold: Thwarting India As Independent Maker Of Blockbuster HIV Drugs? from

The current breakthrough of multinational drug corporations in India couples with the protectionist policies pursued by United States and European Union and with India’s obligations as a World Trade Organization member. Taken together, these ...

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Interview Sequel Finale: Michel on Appellate Advocacy at CAFC from

This is the final installment in my follow-up interview with Chief Judge Paul Michel, who retired from the United States Court of Appeals for the Federal Circuit effective June 1, 2010. In some ways this ...

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Public use anticipation allows multiple references that explain how single system functions from

Takeaway: A district court found that multiple documents which described a single system were properly considered a single anticipatory prior art system under the public use prong of § 102(b). IP Innovations LLC v. Red ...

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Bell Tolls For Biodiversity Benefit-Sharing Treaty from

Today the negotiating group on a protocol aimed at stopping biopiracy and rewarding countries providing genetic resources had to admit, hours from the end of the high-level meeting of the UN Convention on Biological Diversity ...

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Knowledge Of A Patent For Inducement To Infringe from

Mozart’s unlikely plot in The Marriage of Figaro seems at first blush to have little bearing on patent law, but the concepts of deliberate indifference to known risks, and culpability for actively inducing a ...

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Internet Search Using "Less-Than-Mainstream Search Engine" Did Not Show That Prior Art Publication Was "Readily Available Public Information" And from

Therefore Not "Newly Discovered Evidence" Under FRCP 60
In denying defendant's motion for relief from judgment of infringement on the basis of newly discovered evidence, the court concluded that a prior art publication was ...

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Eminem iTunes Royalties Decision Stands from

Nathan Fan is a JD Candidate at Osgoode Hall Law School On 22 October 2010, the 9th Circuit Court of Appeals refused a re-hearing of its earlier decision in September, finalizing the appellate court’s ...

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Recent Patent Litigation Weekly Columns from


Much of the patent news that was published on this blog has been moved to theIP Insider sectionof the Corporate Counsel website. Here's a list of the last several Patent Litigation Weekly ...

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US Would-Be GI Wins Solidarity Award From European GI Producers from

European proponents of geographical indications have granted an award to a Hawaiian coffee lacking GI protection as a sign of solidarity with the producers, they said. Europe is a prominent actor in this type of ...

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Making Space for Grandma: The Emancipation of Traditional Knowledge from

Ikechi Mgbeoji, Associate Professor at Osgoode Hall Law School and IP Osgoode Team Member, recently published a paper on the relevance of the patent system in the protection of the traditional knowledge possessed by indigenous ...

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USPTO and embedded fonts in Acrobat PDF from

The Acrobat for Lawyers blog has a great post talking about “Federal Courts moving to requiring PDF/A for filings.

One of the benefits of PDF/A is that it includes EMBEDDED FONTS.  The article ...

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The Sewing Machine Patent War from

A WSJ blog highlights a law review article on the patent wars in the area of sewing machines:

The Sewing Machine War ended with a just and lasting peace in 1856, when Orlando B. Potter ...

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Prior Invention In The U.S. Requires A Prior U.S. Inventor from

In Solvay S.A. v. Honeywell International, Inc., the Federal Circuit discussed the contours of 35 USC § 102(g)(2). The court found that Honeywell's prior (secret) use of the process claimed in Solvay ...

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The Walkman Patent Fiasco from

With Time naming the Sony Walkman as one of the top 100 gadgets of all time and since Sony has stopped manufacturing and selling its Walkman, it seems appropriate to look at the long patent ...

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$2000 for a lead pipe to the head and a copyright lawsuit – that’s fashion! from

By Scott Nyman Most people know better than to mess with a motorcycle gang.  The Hells Angels MC, notorious for their reputation of organized crime and violence, is perhaps one of the most famous and ...

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Patent Fundamentals (Part 1) from

Guest Blogger: Arthur S. Cookfair, Registered Patent Agent

 “A country without a Patent Office and good patent laws is just a crab and can’t travel anyway but sideways and backways.”

Declared Mark Twain (speaking ...

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