Patent & IP news for November 3, 2010

Patent Litigations



Patent & IP Blogs

post image BGH: if it looks the same, it must have the same quality from

An interesting case was decided by the German BGH on 29 October. The claimaint Waldemar LINK GmbH & Co. KG had marketed since 1982 a femur prosthesis (hip replacement) under the brand "SPII". This femur prosthesis ...

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post image Article One Promotes International Collaboration from

 Article One is harnessing the power of the online community to become a global leader in improving patent quality.  In addition to working with researchers from every corner of the world, Article One is partnering ...

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post image Pfizer: Abuse of dominant position? from

The Italian Antitrust Authority (Autoritá Garante della Concorrenza e del Mercato), has opened a preliminary investigation affecting Pfizer’s Italian subsidiary in order to verify if it has artificially extended the patent protection of the ...

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post image Operation Smoking Dragon from

There is often discussion about whether product counterfeiting supports terrorism and drug trafficking. Westlaw News reports the latest example of counterfeiters also dabbling in both terrorism and illegal drug importation. A California jury recently convicted ...

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post image The Post Grant Magic of Means Plus Function Claims from

Hedging against post grant invalidity

Would you ever file a patent application without dependent claims?  I wouldn’t….and for obvious reasons. Dependent claims help present more detailed aspects of a claimed invention. In the ...

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IPO Files Amicus Brief in AMP v. USPTO from

By Donald Zuhn -- In an amicus brief filed last Friday with the Federal Circuit in Association of Molecular Pathology v. U.S. Patent and Trademark Office, the Intellectual Property Owners Association (IPO) sets forth the ...

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Sidense Files to Nix Rival's Patents from

The following is excerpted from a November 2, 2010articleby Peter Clarke published by EE Times:

Sidense, a licensor of one-time-programmable fuse-based memory intellectual property, has petitioned the United States Patent and Trademark Office ...

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Patents from Taiwan from

This is the fifth in a series on Asian patenting (see my initial survey, Japan, China and Korea posts). Taiwan is not a member of the Patent Cooperation Treaty (PCT) and therefore its residents...

(From ...

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Noonan on DoJ amicus brief in Myriad: It’s dumb. It shows a singular ignorance of the technology and the law at the same time. from

The end of a blogpost at wsj (titled A Patent Mistake? DOJ’s Reversal on Genes Raising Questions ) has the text:

Kevin Noonan, a patent lawyer in Chicago who represents biotechnology companies, told Pollack that ...

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Geneva Pharmaceuticals haunts Sun Pharma case on double-patenting from

The dissent in Sun Pharma noted:

The panel apparently was misdirected by an overly-
broad statement in Geneva Pharmaceuticals, Inc. v.
GlaxoSmithKline PLC, 349 F.3d 1373 (Fed. Cir. 2003).
Geneva stated that “[o]ur ...

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Inherent Property of Earlier-Made CRESTOR® Formulations Invalidate Later-Issued Teva Patent from

Defendant's motion for summary judgment of invalidity due to prior invention was granted. "[T]he Federal Circuit has recognized that a prior inventor need not always have appreciated every feature recited in a patent ...

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Another Blow to Gene Patents in the US from

The Myriad Genetics case decided by Judge Robert W. Sweet of the Southern District of New York in March of 2010 shocked the biotech and patent field by reversing decades of policy and case law ...

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ITC staff sides with Nokia as to Apple's case from

The ITC staff sided with Nokia as to Apple's charges of patent infringement.

AppleInsider noted:

But ITC staff has determined that "some aspects" of Apple's patents are invalid, while others were not infringed ...

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“Loophole” Tightens Around Double Patenting from

Dan Whalen is a JD Candidate at Osgoode Hall Law School Bayer was dealt a blow when the Federal Court of Appeal upheld the decision to deny the company a patent of a medical compound ...

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A round up of international events from

Access and Benefit Sharing Protocol adopted at Nagoya. 
Readers may remember our post recently on the COP 10 of the Convention of Bio-Diversity that was held at Nagoya, Japan. 18 years of negotiation on the ...

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US Government Intervenes in Patentability of Genes from

Earlier, the American Civil Liberties Union (ACLU), the Public Patent Foundation (PUBPAT), and a whole gaggle of others have filed a lawsuit challenging patents cover diagnostic tests for mutations along the genes.   Association for Molecular ...

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The USPTO Solution? Obama Looking for Deficit Neutral, Traditional Republican Ideas to Build Compromise from

President Obama at press conference, Nov. 3, 2010 In the election yesterday the Republicans scored an enormous victory in the United States House of Representatives, gains of a still unknown number in the United States ...

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Brin Panna Goes to Court- II from

For those who came in late, here’s the story thus far. Before we continue with the story, I would strongly recommend reading Prashant’s brilliant post on the fundamentals of Indian patent litigation.
The ...

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Motorola Investigated for Patent Infringement from

The following is excerpted from a November 3, 2010articleby Spencer Dalziel published by The Inquirer:

Motorola is being investigated by the US International Trade Commission(ITC) after Microsoft filed a complaint about patents ...

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