Patent & IP news for November 15, 2010

Patent Litigations



Patent & IP Blogs

post image Monday miscellany from

Around the blogs. "Manufacture or repair?" is the question raised by Brian Whitehead and Richard Kempner (Kempner & Partners LLP) in a current intelligence note for the Journal of Intellectual Property Law & Practice, published ahead of ...

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post image Jurisdictional Nuance from

Nuance sued competitor Abbyy over its OCR scanning software patents. Finding out who the US subsidiary of Abbyy was owned by, Nuance amended its complaint to target the parent company in Cyprus, and the Russian ...

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post image New BPAI Appeal Rules Proposed from

Rules for Ex Parte Appeals to be Simplified

In recent years, the USPTO has advanced significant changes to the rules of practice for ex parte appeals to the Board of Patent Appeals & Interferences (BPAI). (previously ...

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post image BPAI Finds Examiner Rendered Claim Term Superfluous During Prosecution from

Ex parte Castillo (BPAI Nov. 15, 2010)

Today, the BPAI reversed an examiner's rejection of claims as the examiner's interpretation of the claim rendered the claim term "directly" superfluous.  The patent application at ...

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post image AOP Concludes First Study with Shared Rewards! from

We are delighted to announce the conclusion of Study DEV 129 - Hydraulic Gear Pump Having Sound Absorption Cavities - as we congratulate yoovee for winning the Study! Yoovee will receive $14,200.

In addition to the ...

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post image Patent Office achieves ‘gold standard’, demands Rs. 104,000 to deliver certified copies of 26 documents!!!! from

In an absolutely mind-blowing case before Justice Murlidhar of the Delhi High Court a petitioner, presumably a defendant in a patent case, seems to have taken serious objection to the sky-high fees, of Rs 104 ...

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post image How to follow me from

Want to make sure you receive the latest blog posts, videos, and news from Erik M. Pelton & Associates! There are a variety of ways to receive posts from the blog, so you can use whichever ...

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post image Tech Transfer Times Two: a couple of book reviews from

Competition Law, Technology Transfer and the TRIPS Agreement: Implications for Developing Countries is the title of a very good book by Tu Thanh Nguyen (Faculty of Law, Lund University, Sweden and Ho Chi Minh City ...

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post image The Final ACTA from

Responses to ACTA's final text are likely to be mixed ... Via a Tweet from the invaluable Michael Geist comes what looks rather like the final text of the Anti-Counterfeiting Trade Agreement.  Described as being ...

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post image SpicyIP Tidbit: Proposed 'Legal Services Board' to cover even 'Patent Agents' from

Sometime last week the Ministry of Law and Justice had released a draft bill entitled "Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of Clients and Promoting the Rule of Law ...

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post image Book Review Monday: Imitation to Innovation in China from

In every crisis, there is opportunity” ~Chinese Proverb

With a GDP of more than $8,000 billion, China is poised to become the world’s third-largest pharmaceutical market next year – up from number eight in ...

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post image Fox Sues Renegade Classics for Infringing Sons of Anarchy Copyright and Trademarks from

Los Angeles, CA – Fox is the owner of all copyrights in its “Sons of Anarchy” television show airing on FX. The dramatic television series follows a notorious outlaw motorcycle club battling outside threats to protect ...

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AstraZeneca Defeats Teva's Claim That Crestor Infringes Teva's Patent from

Teva Pharm. Indus. v. AstraZeneca Pharms., No. 08cv4786 (E.D. Pa. 2010)

Here's something you don't see every day: an ANDA filer suing a brand-name drug manufacturer for patent infringement.

In late 2007 ...

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‘Crash Course In Trademark Infringement’ from Forbes Woman from

A recent piece in Forbes Woman discusses the difficult situation business owners who do not properly clear and protect their trademark may face – paying lawyers to defend a trademark case that might not be successful ...

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Federal circuit in re jung prima facie requirement Examiner from

Takeaway: Most of the BPAI decisions that are appealed to the Federal Circuit involve fairly routine reviews of prior art rejections. In re Jung is different: it's about the Examiner's requirement to make ...

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Amendment of Claims During Reexam Warrants Stay of Litigation Even Among Direct Competitors from

Defendants' renewed motion to stay pending ex parte reexamination was granted because plaintiff amended all of its independent claims during the reexamination proceeding and added new claims in response to the PTO's initial rejection ...

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The Enhanced Examination Timing Control Initiative Part 2: Advantages and Disadvantages from

In this post we continue our series about the USPTO's recently-proposed Enhanced Examination Timing Control Initiative. Following our post outlining the basic details of each of the proposed three tracks, we now discuss the ...

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Patents and innovation from

Here is an interesting rant from and IP strategist (Jackie Hitter) Inventiveness and Patents Do Not Equal Innovation:

Few things infuriate me more than supposed experts who make statements along the lines of "patents are ...

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Moral Rights 2.0 from

Samantha Schreiber is a JD candidate at Osgoode Hall Law School. Professor Peter K. Yu, an IP Osgoode Research Affiliate, examines the impact of external influences on the development of moral rights both in Europe ...

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US Dept. of Justice: Genes Shouldn’t Be Patentable from

By: Aaron B. Thalwitzer A friend-of-the-court brief filed by the US Department of Justice says that genes should not be patentable. ‘We acknowledge that this conclusion is contrary to the longstanding practice of the Patent ...

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Patent Reform in the Lame Duck Congress? from

As Congress returns this week for a lame duck session that will focus on a new budget and the fate of the Bush-era tax cuts, there is some speculation in the patent world on the ...

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Patents on Steroids: Professor Dutfield’s Lecture on the Evolution of Patent Law in the Life Sciences from

Steven Zuccarelli is a J.D. Candidate at Osgoode Hall Law School On 28 October 2010, IP Osgoode hosted Professor Graham Dutfield of the University of Leeds School of Law, who discussed research that demonstrates ...

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Post grant amendments under the Indian Patent Act from

In Dupont v Solvay, the Intellectual Property Appellate Board (IPAB) ruled that certain amendments to the specification as proposed by the patentee were acceptable. 
In this case, the Controller had made a positive recommendation (acceptable ...

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WIPO Copyright Committee Agrees To Extra Time On Visually Impaired Access from

The World Intellectual Property Organization copyright committee has reached an eleventh-hour agreement on a work programme that could help ease access to reading materials for the visually impaired. Related Articles:

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Event Reminder : Workshop on Innovation,Creativity and IP Policy at NUJS in association with Max Planck Institute from

Since our last announcement about the NUJS Max Planck IP Workshop, we have added a number of new speakers and moderators which promises to make this dialogue a fabulous one! Please find the new schedule ...

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SpicyIP Tidbit: ACTA Final Text released from

Thanks to Michael Geist's tweets and IPKats quick follow up, we have news that the final text of the controversial ACTA has just been released, though it's stated as 'Subject to Legal Review ...

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Abbott v Medinol just ruled from

PatLit made reference in July (here and here) to the application for disclosure (evidence) made by Abbott in the course of an action in which it sought declarations of non-infringement, and orders for revocation, of ...

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Proposed Rulemaking to Simplify and Streamline Ex Parte Appeals from

You may recall our recent efforts to streamline the appeals process by vesting the Board with the sole authority to hold an appeal brief noncompliant.  This has led to a dramatic reduction in the percent ...

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Federal circuit comprising method step structure limitation from

Takeaway: The Federal Circuit held that a method claim which referred to "engaging eight cube pieces" was limited to a 2x2x2 cube despite the use of "which comprised" in the method preamble. Furthermore, the cube ...

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