Patent & IP news for November 10, 2010



Patent & IP Blogs

post image Spanish Government Knocking Down Compromise On EU Patent Languages Regime from

Mr Vincent Van Quickenborne, Minister for enterprise and streamlining policy of Belgium

As already reported yesterday on this Blog, today there has been an extraordinary session of the EU Council - Competitiveness (Internal Market, Industry, Research ...

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post image Patent Search Add-Ons: ipestonia Toolbar from

There are several patent tools that exist outside of the usual search system sphere. One helpful (and ubiquitous) subcategory is that of toolbars. Toolbars are familiar to anyone who’s tried to install a few ...

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post image Product placement: the case of short-termism versus longevity from

Those who believe that product placement is the gold standard for subtle brand promotion may have been alarmed to read in Brandchannel this week that Dreamworks Animation has backed out of placements. In "'Megamind' Confirms ...

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post image Quarelling over a dutch sandwich: MNEs, transfer pricing and tax optimization on a global scale (pt.1) from

A recent article featured on October 21th on with the headline “Google 2.4% Rate Shows How $60 Billion Lost to Tax Loopholes” revealed the tactics adopted by IT giant Google Inc. in ...

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post image Wednesday whimsies from

Environmental management.  The UK's Intellectual Property Office is taking a little time off from its serious work in order to do some house-keeping.  Says the IPO:
"We are committed to managing our estate in ...

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post image Belgians go into overdrive to secure acceptable compromise on EU patent from

Will the Belgians break it? The IPKat has learned, via EurActiv, that the European Union's Belgian Presidency has proposed a new compromise text which is designed to break the long-standing deadlock over patents in ...

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post image Givenchy Sues BCBG Max Azria Over Purse Design – Trade Dress from

Los Angeles, CA – Givenchy, the luxury merchandise manufacturer, seems to be jumping on the trade dress bandwagon (see here and here) to prevent copying of its purse design. Instead of protecting its purse design with ...

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post image Silence, secrecy and mystery: information on trade mark litigation in Slovakia from

On Monday the IPKat posted a request for information from a reader who wrote:
"We would like to get a little more of a feel for trade mark enforcement and protection in Slovakia. In particular ...

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post image Bull in Bilski's China Shop: B of A's Financial Instrument from

In the previous blog post, we examined a claim to a "financial instrument" by Excel Ventures that appeared to slip through to issuance.

With incredible timing, the Board of Patent Appeals and Interferences last week ...

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post image Where In The World Is Pharmaceutical Innovation? from

In a recent paper by Yali Friedman of the BiotechBlog, Yali looks at the growth of research capabilities in emerging economies such as India and China. With a substantial increase in the outsourcing of some ...

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BIO and AUTM File Joint Amicus Brief in AMP v. USPTO from

By Kevin E. Noonan -- On October 29, the Biotechnology Industry Organization (BIO) and the Association of University Technology Managers (AUTM) filed an amici curiae brief in AMP v. USPTO (the Myriad case). Fittingly (in view ...

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Anatomy of a USPTO Office Action Response from

After an application for a trademark registration with the U.S. Patent and Trademark Office (“USPTO”) is reviewed, an Examining Attorney from the USPTO will often issue an Office Action if there is are any ...

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Compulsory licensing dispute between PPL and radio stations lands up before the Madras High Court from

The mega compulsory licensing dispute between the Copyright Society - Public Performance Licence (PPL) & radio stations like ENIL etc. that was decided by the Copyright Board on the 25th of August, 2010, has now ended up ...

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Patent Claim for "Optimization" of Database is Invalid as Indefinite from

Defendant's motion for summary judgment of invalidity was granted because the only asserted claim included the term "optimization" which was insolubly ambiguous. "[B]ecause optimization necessarily involves tradeoffs, a database that is demonstrably inferior ...

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Case Study - A look into P&G's use of the PCT from

WIPO posted a presentation from Procter & Gamble (P&G;) discussing their international patent strategies and use of the PCT filing process.  The presentation provides an inside look at the motivations behind a large corporation's ...

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CRTC Debates Making Broadband Access a “Basic Service” from

Stuart Freen is a JD Candidate at Osgoode Hall Law School Should high-speed internet be regulated as a basic service available to all Canadians, even those in remote rural locations? The CRTC grappled with this ...

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Amicus Brief Filed By Alynlam Pharmaceuticals Argues That Funk Bros. Is About Obviousness, Not Patent Eligibility from

Alnylam Pharmaceuticals is a biopharmaceutical company based in Cambridge, Massachusetts focused on developing synthetic "small interfering RNAs" (SiRNAs) as therapeutic agents. It has filed an amicus curiae brief in the Myriad gene patent case (AMP ...

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USPTO Works to Combat the Issues Associated with Invention Promotion Companies from

On Thursday, November 4, 2010, I attended the 15th Annual Inventors Conference at the USPTO.  In my article Reporting from the 15th Annual USPTO Inventors Conference I discussed the morning sessions and lunch speaker, for ...

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Unbridled "Optimization" Term in Software Patent Claim Leads to Finding of Indefiniteness from

Data Retrieval Technology v. Sybase, Inc. et al., No. 3-08-cv-05481 (N.D. Ca., Nov. 8, 2010)

DRT sued defendants on patents directed to computer-implemented methods for retrieving information stored in databases without the need for ...

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USPTO Extends Green Technology Pilot Program Through 2011 from

Currently, the average time between the approval of a green technology petition and the first action on an application is just 49 days. In several cases, patent applications in the green technology program have been ...

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Nintendo DS as Shopping Assistant – New Patent Application Filed from

By: Aaron B. Thalwitzer Shopping apps are legion, but they’re generally not much more than high-tech note pads. Nintendo, apparently, thinks it can change that. Nintendo of America has applied for a patent describing ...

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Journalism Professor To Lead UK Review Of IP & Growth from

Professor Ian Hargreaves of Cardiff University in Wales will lead an independent review of the intellectual property system’s promotion of growth and innovation launched by the United Kingdom’s Intellectual Property Office on 4 ...

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IFPMA Names President, New Members, R&D Commitments from

The International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) today announced that David Brennan of AstraZeneca will be its new president, replacing Haruo Naito of pharmaceutical companiy Eisai. They also announced that California-based biotechnology company ...

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First Action Pendency and RCEs Drop in October from

Special Guest Blog by USPTO Commissioner for Patents Bob Stoll


The latest figures from the USPTO show that during the past month there was a continued improvement in traditional first action pendency. The October figure ...

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September trade in intangibles from

The September trade data released this morning showed a slight improvement. The monthly trade deficit declined to $44.0 billion from $46.5 billion in August. This was slightly better than the $45 billion analysts ...

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En Banc Oral Argument in Tivo v. Echostar from

The Federal Circuit sat en banc yesterday for the oral argument in Tivo v. Echostar, 2009-1374, a case concerning alleged contempt of a permanent  injunction based on a design around effort by Echostar.

You can ...

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Patent Attorneys — Presumed Guilty Until Proven Innocent from

John Whealan, former USPTO Solicitor, and now Associate Dean for Intellectual Property Law Studies at George Washington University argued on behalf of Therasense, Inc.  and Abbott Labs in the en banc oral argument yesterday in ...

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