Patent & IP news for November 22, 2010

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post image Recent trademark registrations from

Here is another sampling of recent registrations our clients have received from the USPTO, so readers can see real examples of brands and marks which are being protected [click trademark or logo to open USPTO ...

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post image Inventors Hall of Fame: Thomas Alva Edison from

Thomas Alva Edison
Born Feb 11 1847 - Died Oct 18 1931

Electric Lamp
Patent Number: 223,898 (.PDF)

Inducted to National Inventors Hall of Fame™ in 1973

Invention Impact

Throughout his career, Edison consciously directed ...

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post image A less than overwhelming case for an injunction from

Last Friday, sitting in the Patents Court, England and Wales, Mr Justice Floyd gave judgment in Cephalon, Inc & others v Orchid Europe Ltd & another [2010] EWHC 2945 (Pat).  PatLit is delighted to publish this note ...

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post image Top 5 Worst Mistakes in a Patent Search from

Mistakes were made. Occasionally we all mess up. When millions of dollars of patent lawsuits could be hanging in the air depending on your patent search, it’s not an ideal time to commit an ...

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post image The pressure's off: KCI v Smith & Nephew in the Court of Appeal from

Following a remarkably swift turn-around, the Court of Appeal last Thursday handed down its judgment in KCI Licensing Inc and others v Smith and Nephew plc and others [2010] EWCA Civ 1260.

Two patents were ...

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post image Nokia/Philips rulings on fakes in transit: write-up of submissions from

Do you ever wonder what the summary of written submissions made to the Court of Justice of the European Union actually looks like? If you've never seen any before, this is your golden opportunity ...

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post image Pre-Appeal Brief Conferences from

Lost in the PTO’s newly proposed rules for BPAI practice, but as mentioned by Patently-O, the PTO published some statistics on pre-appeal brief conferences last week.

A few years ago, the PTO realized that ...

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post image Monday miscellany from

It's not just a question of power,
it's knowing what to do with it ...
If you are coming to the IPKat's seminar and discussion this Tuesday, 23 November, on "IP Enforcement in ...

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post image The goods are fake, but the tax is real from

Here's some news from Sweden, a jurisdiction which is known to have had a most enthusiastic view of reaping a healthy tax harvest where possible. The Administrative Court of Appeal, upholding a decision of ...

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post image Patent Owner Control Over Ex Parte Patent Reexamination Pendency? from

Nevada Court Rules Patent Owners Control Delay

Back in 2009, TableMAX IP Holdings sued Shufflemaster for infringement of U.S. Patent 6,921,337. The ‘337 Patent relates to a multi-player card gaming system. In ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Promote Innovation LLC v. Bristol-Myers Squibb Co. 2:10-cv-00497; filed November 18, 2010 in the Eastern ...

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Wrapping up the Issues from the FDA Hearings on Biosimilars from

By James DeGiulio -- Earlier this month, we reported that a major issue discussed at the Food and Drug Administration's public hearings on the implementation of the Biologics Price Competition and Innovation Act (BPCIA) concerned ...

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Spain: Term for amendments during patent registration process from

In a ruling dated October 22, 2010, the Spanish Supreme Court accepts the amendments made during the appeal filed at the Spanish Patent and Trademark Office.

The case started in 2003, when patent application no ...

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Business method patents before the Commissioner from

Patent Baristas has a guest post from Bill Bennett at Pizzeys considering the Deputy Commissioner’s recent rejection of the “Iowa Lottery” patent application.

1. A prize pool for a lottery game played among a ...

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Inventing the 21st Century exhibition: final week from

It's the final week of our free Inventing the 21st Century exhibition so hurry if you want the chance to touch some cool products and see and hear about them. We wanted some interaction ...

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WIPO Works On Its Development Agenda Implementation This Week from

Members of the United Nations World Intellectual Property Organization this week are in discussions on how to ensure that WIPO activities are development-oriented. A particular focus will be the implementation of a Development Agenda coordination ...

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Should WIPO Lead Creation Of Global Database Of Music Repertoire? from

To solve many of the dilemmas facing copyright holders in the digital age, some say the World Intellectual Property Organization must create and administer an international repertoire database, compiling information about who owns what rights ...

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Summary Judgment of Noninfringement Granted as to Method Claims Involving Steps Performed Only Outside the U.S. from

Defendants' motion for summary judgment of noninfringement of plaintiff's wireless device management patent was granted in part as to method claims involving steps performed only by a server in Canada. "Plaintiff concedes that the ...

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Global Pharmaceutical Linkage Regulations: A Consortium Framework from

Dr. Ron Bouchard is an Associate Professor in the Faculties of Law and Medicine at the University of Manitoba. I am pleased to announce a new collaborative consortium of eleven intellectual property law and health ...

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Business Method Patents: The State of the Art after the Decision from

A major source of controversy in Canadian patent law is the treatment of business method patents. Up until recently business methods were not considered to be patentable (see the Patent Commissioner’s decision in Amazon ...

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How Long Does it Take to Get a Trademark Registration? from

When I am preparing a trademark application for a client, the client will usually want to have an idea of how long it will take to get their trademark registration. This can vary quite a ...

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Cancer Research v. Barr Labs (Fed. Cir. 2010), Prosecution Laches Requires a Finding of Prejudice from

Cancer Research v. Barr Labs (Fed. Cir. 2010) Read/download the decision here Prepared by Lisa E. Stahl, Ph.D. Prosecution laches is an equitable defense to a charge of patent infringement, and may render ...

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Experimental Use Versus Commerical Use: In re Ceccarelli from

In re Ceccarelli (Fed. Cir. 2010) Read/download the decision here Prepared by Kevin D. Williams In a November 19, 2010 decision (In re Ceccarelli), the Federal Circuit reversed a decision by the Board of ...

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Constructive Notice — Patent Marking from

In Nike, Inc. v. Wal-Mart Stores, Inc., 138 F. 3d 1437 (Fed. Cir. 1998), Judge Newman noted that “[i]n order to satisfy the constructive notice provision of the marking statute, Nike must have shown ...

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Digital Locks, Circumvention and The Copyright Reforms Proposed By Bill C-32 from

David Vaver is Professor of Intellectual Property Law at Osgoode Hall Law School, former Reuters Professor of Intellectual Property & Information Technology Law, University of Oxford and former Director of the Oxford Intellectual Property Research Centre ...

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Expansion of the USPTO’s Green Technology Pilot from

Recently we announced the extension of the deadline to participate in the USPTO’s Green Technology Pilot until December 31, 2011, or until 3,000 applications have been accepted into the pilot.  Additionally we have ...

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PTO proposes new appeal rules from

Last week the PTO released a Notice of Proposed Rulemaking for rules governing ex parte appeals before the BPAI. (Read the official notice here.)

Generally, these rules make the applicant's job easier. The PharmaPatents ...

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Cybersquatting (also known as domain squatting) is the act of mala fide registering, trafficking in, or using a domain name with the intent to profit from the goodwill of a trademark belonging to someone else ...

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