Patent & IP news for November 1, 2010

Patent Litigations



Patent & IP Blogs

post image Are you effectively using Japanese File Index and F-terms? from

As an English-speaking patent searcher, sure, you feel comfortable looking up US and IPC classification codes. The classification schedules are easy enough to browse, and you probably understand the hierarchical organization of the systems pretty ...

Share via E–mail | Twitter | Facebook

post image Regional Patent Office Coming to a City Near You? from

Per this recent article from Crain’s Detroit Business, Secretary of Commerce Gary Locke is on record stating that the Department of Commerce is considering opening regional Patent Offices.  Currently, there is a single Patent ...

Share via E–mail | Twitter | Facebook

post image Go Ahead, Make My Day from

Patent Hawk's bread-and-butter business is invalidating patents. The smart-phone patent slugfest among Microsoft, Motorola, Apple, Nokia, Google, HTC, Kodak, RIM and others puts the party hat on Patent Hawk. It also puts the dunce ...

Share via E–mail | Twitter | Facebook

post image The PCC Page, no.4: ADR -- waste of space or chance of success? from

Having opted for trial before the Patents
County Court, Cautious Co was no longer
tempted by other forms of dispute
To recap: the PCC Pages is a series of Tuesday features on the new ...

Share via E–mail | Twitter | Facebook

post image Inventing Wealth from

Inventing is the way in which humans create wealth.  Despite this no major school of economics pays more than lip service to invention.  Economics is the study or how people produce goods and services to ...

Share via E–mail | Twitter | Facebook

post image Costco v. Omega: Parallel Importation And Its Implications from

Browsing the aisles of Costco, taking in the consumerism the Christmas has come to denote, my mind was drawn to its jewelry and watch section. As I was feasting my eyes upon baubles and trinkets ...

Share via E–mail | Twitter | Facebook

post image Texas Court Frowns Upon Patent Reexamination Gamesmanship from

Patentee’s Rescinding of Earlier Made Disclaimer Deemed “Gamesmanship”

Back in June of this year, I discussed the case of Beneficial Innovations, Inc. v. AOL, LLC. et al., 2-07-cv-00555 (TXED) (Ward, J.). The previous post ...

Share via E–mail | Twitter | Facebook

post image After Google France et al: when is an ad "vague"? from

Some of our readers may know that this particular Kat has a particular interest in Keyword Advertising ("AdWords") related decisions of all shapes and sizes - a passion (or shall we say: an obsession) she shares ...

Share via E–mail | Twitter | Facebook

DOJ Tries to Be All Things to All Constituencies in Myriad Amicus Brief from

By Kevin E. Noonan -- The United States government (or at least that part of it constituting the Department of Justice) has filed an amicus curiae brief in the AMP v. USPTO case (Myriad) in which ...

Share via E–mail | Twitter | Facebook

Patent Fundamentals (Part 2) from

Guest Blogger: Arthur S. Cookfair, Registered Patent Agent


The patent statutes (35 U.S.C. 101) specify four classes of subject matter suitable for the grant of a patent. To be ...

Share via E–mail | Twitter | Facebook

Subject searching statistics on Esp@cenet from

The Espacenet website has provided statistics on the most popular subjects searched for on that patent database. They cover the three months July-September 2010, and are divided into European and...

(From Steve van Dulken's ...

Share via E–mail | Twitter | Facebook

The case for commercialization from

I had an article in the Ireland's Sunday Business Post with the title "Working smarter, not just harder" making the case for IP commercialization a key element of the Smart Economy strategy.

The edited ...

Share via E–mail | Twitter | Facebook

USPTO wants to study Trademark Bullies from

by Mark Malek As our readers know, we here at TacticalIP like to point out the times in which intellectual property has been used in an inappropriate matter, i.e., when intellectual property owners get ...

Share via E–mail | Twitter | Facebook

New Patent Quality Examination Metrics Attempt Greater Balance from

On October 7, 2010, the U.S. Patent & Trademark Office (USPTO) issued a press release announcing the adoption of new procedures for measuring the quality of patent examination that will be implemented during the start ...

Share via E–mail | Twitter | Facebook

Claiiming a "System" iin Your Business Method Patent? Think Apparatus: MPEP Reminder from

If you are claiming a computerized "system" of some kind in a patent application related to software or business methods, be sure to think of the claim in terms of how the PTO will examine ...

Share via E–mail | Twitter | Facebook

Focus on Gaming: Q&A with Susan Abramovitch from

Susan H. Abramovitch is a partner in Gowlings’ Toronto office, practising exclusively in entertainment law. Susan’s practice covers all aspects of music industry transactions, as well as film, television, live theatre, multimedia, videogaming and ...

Share via E–mail | Twitter | Facebook

IP and tax strategies - the case of Google from

Over the years, I have posted a number of pieces on taxation of royalties and the shift of IP to low tax countries. A story in the Washington Post shows how Google uses this mechanism ...

Share via E–mail | Twitter | Facebook

Justice Department Files Brief Arguing that Isolated Genes are Not Patentable from

In March, Judge Robert Sweet invalidated a number of patent claims directed to isolated gene sequences and methods of comparing or analyzing the sequences.  This case is now on appeal at the Federal Circuit.  The ...

Share via E–mail | Twitter | Facebook

DoJ amicus brief in Myriad says no to patentability of genomic DNA from

The conclusion of the Department of Justice amicus brief in the Myriad case says:

For the foregoing reasons, the Court should reverse the district
court’s invalidation of the composition claims that are limited to ...

Share via E–mail | Twitter | Facebook

More support for embattled Philippines law profs from noted some faculty of the College of Law of the Lyceum of the Philippines University have come out in support of the professors who challenged the Supreme Court about an opinion which plagiarized ...

Share via E–mail | Twitter | Facebook

Links to Holman/Cook-Deegan and DOJ Amicus Briefs Are Now Operational (I think) from

On Friday I thought I posted links to amicus briefs filed by Holman/Cook-Deegan and DOJ in AMP v. PTO, but turns out they were not operational, I believe the problem has been corrected. Just ...

Share via E–mail | Twitter | Facebook

Department of Justice Seeks to Cripple Biotech Industry and Fundamentally Change Patent Laws from

On Friday, October 29, 2010, practically on the eve of a national election that will in all certainty be an enormous rebuke of the Obama Administration and the Democrats' agenda in general, the Department of ...

Share via E–mail | Twitter | Facebook

First Committee On WIPO Standards Ends In Vote For Suspension from

Disagreement over the mandate of a newly-formed World Intellectual Property Organization committee resulted in a vote to suspend the meeting with no conclusions last Friday evening. Related Articles:

Share via E–mail | Twitter | Facebook

Courts Take Aim at Nonspecific Inequitable Conduct Pleadings from

Plaintiff's motion to dismiss plaintiff's inequitable conduct counterclaim was granted and defendant was ordered to file a counterclaim that complied with the pleading requirements of FRCP 9(b). "[Defendant], inter alia, has not ...

Share via E–mail | Twitter | Facebook

CAFC Denies En Banc Review of "Distorted" Law of Double-Patenting from

Sun Pharma. Ind. Ltd. v. Eli Lilly and Co., No. 2010-1105, (Nov. 1, 2010, Order)

Eli Lilly filed a first application describing a new class of chemical compounds having antiviral utility, including the compound named ...

Share via E–mail | Twitter | Facebook

Reproducing in the U.S.: An Invention First Made Abroad Does Not an Invention Make Under 35 USC 102(g)(2) from

Solvay S.A. v. Honeywell Intl. (Fed. Cir. 2010) Read/download the decision here Prepared by Thomas Lee In Solvay S.A. v. Honeywell International, Appeal 2009-1161 decided October 13, 2010, an accused patent infringer ...

Share via E–mail | Twitter | Facebook

BIO and AUTM Defend Patentability of DNA-Based Inventions from

Like it or not, the patent system is a great motivator, and used appropriately to incentivize the type of behavior we want to encourage it is a powerful tool in the government arsenal. To fundamentally ...

Share via E–mail | Twitter | Facebook

Supreme Court takes Stanford/Roche case from

Bloomberg reported: The justices today [1 Nov 10] said they will hear Stanford’s bid to revive its lawsuit against a Roche unit over patents covering ways to test how well AIDS treatments are working ...

Share via E–mail | Twitter | Facebook

Concerns Raised Over ACTA at TRIPS Council from

The following is excerpted from a November 1, 2010articlepublished at Third World Network:

Concerns were raised by several countries at a meeting of the TRIPS Council over the proposed Anti-Counterfeiting Trade Agreement (ACTA ...

Share via E–mail | Twitter | Facebook

“Your honor, I’m hoping you’re buying.” from

Judge Lourie was calling the case of Auction Management Solutions v. Manheim Auctions, a patent case related to internet auctioning, when he asked counsel for the appellant if he was buying or selling.  Counsel for ...

Share via E–mail | Twitter | Facebook

BPAI swear behind declaration different terminology claims from

Takeaway: The Board found that a swear-behind declaration did not show constructive reduction to practice of a claimed spatial relationship because the claims used different terminology than the evidence. Specifically, the claims referred to the ...

Share via E–mail | Twitter | Facebook

EPO Prepares to Roll out New Prior Art Search Disclosure Rules from

By James DeGiulio -- On January 1, 2011, all direct European patent applications and European national phase applications will be subject to new EPC Rules 141 and Rule 70b, which modify the requirements for supplying search ...

Share via E–mail | Twitter | Facebook

Some content © 2007–2014 RPX Corporation.
Terms of Service & Privacy Policy
For DMCA requests contact