Patent & IP news for November 4, 2010

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post image Independent Review of the IP System Launched Today from

The Prime Minister today unveiled plans for an independent six-month review of the Intellectual Property system in the UK. Revealing the publication of "Technology Blueprint" at a major event in Shoreditch, David Cameron outlined how ...

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post image Inventors – Let Them Eat Cake from

President Obama is departing on a 10 day trip to India.  The reported cost of this trip is $200 Million a day.  He is taking around 3000 people with him and 40 jet liners.  The ...

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post image More trademark scams from

I recently completed another trademark registration of my own.  SMAR(TM)MARK® is the name of our firm’s newsletter, and now that name is a registered trademark. Just a few days after I received ...

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post image Trade Marks and Innovation: how strong is the link? from

This particular Kat spent a very interesting morning yesterday at the Westminster Legal Policy Forum Keynote Seminar – “Intellectual property, innovation and the UK economy”. The event, held in central London, gathered a number of individuals ...

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post image Chilling Effect of the USPTO Patent Reexamination Pilot Program? from

Participation in USPTO pilot program held against Patentee

In August of this year, the USPTO introduced a pilot program aimed at reducing the pendency of ex parte patent reexamination. The program entitled “Pilot Program for ...

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post image Search Quirk of the Day from

Every once in a while I am doing a project and come across the need to perform what I assume will be a simple task in my patent search software, and then find out that ...

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post image BIO and AUTM Fire Back at Gene Patent Foes from

In a lawsuit challenging patents covering diagnostic tests for mutations in genes, the University of Utah and Myriad Genetics lost a U.S. court ruling over some of its patents for detecting inherited breast cancer ...

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US Election Brings IP Uncertainty from

With the Republican Party taking control of the United States House of Representatives in yesterday's election, some changes are expected in intellectual property policymaking, according to observers. Related Articles:

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AIPLA Submits Amicus Brief in AMP v. USPTO from

By Kevin E. Noonan -- The American Intellectual Property Law Association (AIPLA) filed an amicus brief in the Myriad case (Association of Molecular Pathology v. U.S. Patent and Trademark Office), in support of neither party ...

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Patenting Lal dant manjan from

The Association of Manufacturers of Ayurvedic Medicines (Amam), which represents 200 companies including Dabur, Himalaya, Hamdard and Baidyanath, has accused the American personal care giant, Colgate, for patenting red dental herbifice or Lal dant manjan ...

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Wallace and Gromit's World of Invention: nature inspiring invention from

The first of six half hour episodes in a new series on inventions was shown on BBC last night, Wallace and Gromit's World of Invention. There will also be a (free) road show to ...

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A case of (un) parallel imports from

BTB holds a licence to make and sell “Greg Norman” branded clothing in India from Greg Norman Collection Inc (GNC). GNC is the “head licensor” of the “Greg Norman” trade marks registered in, amongst other ...

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Business Methods: Concrete & Tangible Description a Must from

In order to have a patentable business method it is necessary for the invention to accomplish some practical application. In other words, in order for a business method to be patentable it must produce a ...

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Method of displaying image during surgery patentable, rules BGH from

The German BGH overturned a decision by the Federal Patent Court (Bundespatentgericht) that refused to grant a patent for a method of combining images for use in heart surgery. In its decision of 31 August ...

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More R&D tax relief claims needed! from

HMRC has published the latest set of details on the number and value of R&D; tax relief and R&D; tax credit claims, covering claims in 2008-9. There is an increase in the number ...

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CAFC affirms DNJ in budesonide case from

In Astrazeneca v. Apotex, the CAFC concluded that
the district court of New Jersey did not abuse its discretion by granting
the preliminary injunction and did not err in determining that the kit claims are ...

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Permanent Injunction Shuts Down LimeWire from

Leslie Chong is a J.D. Candidate at Osgoode Hall Law School Following the court’s earlier ruling (our commentary here) in favour of The Recording Industry Association of America (RIAA), LimeWire has shut down ...

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Judgment of Nonobviousness does not Collaterally Estop Later Assertion of Anticipation Defense Involving the Same Patents and Prior Art from

Plaintiff's motion for summary judgment to preclude defendant from challenging the validity of two patents-in-suit based on prior art asserted in a related case was granted as to obviousness but not anticipation. "'While it ...

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Waldorf has bed bugs? from

Crains New York noted:

The Waldorf says it did not find evidence of bed bugs in the Drabicki's room. "The Waldorf Astoria takes allegations of bed bugs very seriously because the safety and well-being ...

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The meaning of Tuesday from

The electioneering has stopped -- and the speculation has begun!

With the election behind us, the world of politicians, pundits and bloggers has turned to what it all means -- and speculation on what will occur as ...

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Wikileaks Creator, In Geneva, Denounces US Abuse Of Human Rights from

In a police-secured, airless room full of Geneva journalists, Julian Assange, creator and director of Wikileaks, today gave details of what he described as United States abuse of human rights in the Afghanistan and Iraq ...

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IPO’s Amicus Among Myriad of Briefs Filed in AMP v. USPTO from

The Intellectual Property Owners Association (IPO) an amicus curiae brief in the AMP v. USPTO and Myriad Genetics case, a lawsuit challenging patents covering diagnostic tests for mutations in genes.  In the district court, the ...

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When Words Matter: Drug Labels vs. Kit Labels from

The Federal Circuit decision in AstraZeneca LP v. Apotex, Inc. reveals an interesting dichotomy in the role of printed material in pharmaceutical patent disputes. On the one hand, the court found that proposed labeling for ...

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Breaking news: IPO releases revised manual of patent practice & procedure from

The Indian Patent Office (IPO) recently released a draft Manual of Patent Practice and Procedure (MPPP).  The draft manual can be seen here.  The MPPP is a codification of the general rules as applicable to ...

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Chisum: Gottschalk v. Benson is a "Failure" from

Donald Chisum released an interesting article titled "Patenting Intangible Methods: Revisiting Benson (1972) After Bilksi (2010)" where he cogently points out that most of the problems pertaining to patentable subject matter can be attributed to ...

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They Invented What? (No. 187) from

U.S. Pat. No. 6,113,940Cannabinoid patch and method for cannabis transdermal delivery.

We claim:

1. A method of delivering cannabis to the bloodstream of a person comprising the steps of:
          A. Providing ...

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'Little Al from Princeton, controls a lot of the action around Jersey.' from

from NPR, 23 Oct 2010:

"Einstein actually enjoyed gambling," Ouellette says.

As legend as it, the father of relativity loved to play craps and blackjack in Las Vegas, where he once met Nick the Greek ...

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Controversy Over New IGF Mandate, UN Role In Internet Governance from

A first proposal on the future mandate of the Internet Governance Forum (IGF) is on the agenda this week at the ongoing 65th session of the United Nations General Assembly in New York. A proposal ...

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Cooks Source: gasoline and a match on plagiarism from

The Washington Post has an interesting story on the "public domain" aspects of plagiarism. The magazine Cooks Source re-worked material from an article found online, "A Tale of Two Tarts."

The Washington Post noted:

Bad ...

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Beware withholding taxes on software to India from

In an early start to the pantomime season, the earlier sensible decision on shrink-wrap software of the Bangalore Tax Appeal Tribunal appears to have been thoroughly ignore by the Delhi Tax Appeal Tribunal, which has ...

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Protecting your Designs in the European Union: A Few Words of Advice for U.S.-Based Small- and Medium-Sized Enterprises from

Many of the United States-based small- and medium-sized enterprises (“SMEs”) to which I provide intellectual property counsel are familiar with the Patent Cooperation Treaty.  Under this international regime, a U.S.-based patent applicant can ...

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California courts deny connections between drugs and hip-hop… at least for trademarks from

By Scott Nyman In the early 1990’s, gangster rappers were all the rage. Rappers like Biggie Smalls, Snoop Doggy Dogg, and Tupac Shakur drew upon their lives in the streets for creativity. In these ...

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"What happens in Nigeria doesn't stay there" from

CSI (Las Vegas) on 4 Nov 2010 featured "identity theft" with one of the villains running an "identity theft" protection agency using an identity he himself had stolen. Identities were being sold, with a good ...

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By Slimmest of Margins, Federal Circuit Declines to Rehear Gemzar (Gemcitibine) Double Patenting Case from

Sun Pharm. Indus. v. Eli Lilly & Co., No. 2010-1105 (Fed. Cir. 2010)

By a vote of 5-4, the Federal Circuit on Monday denied Eli Lilly's petition for panel rehearing or rehearing en banc from ...

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