Patent & IP news for December 7, 2010

Patent Litigations



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post image Letter from AmeriKat I: Supreme Court greets Microsoft v i4i from

Much to give thanks for ... The AmeriKat is still grazing on her leftovers from last week's Thanksgiving extravaganza. The rosemary lemon chicken and sweet potatoes are all gone, as is the pumpkin and pecan ...

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post image Gained in translation: Google comes to help the EPO from

"No wonder it won't work", said Professor Prout,
"one of the French irregular verbs has broken loose"
Now here's something to ponder.  A media release, "European Patent Office and Google sign memorandum on ...

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post image Issuance of Continuation Patents During Litigation Undermine Defense to Willful Infringement from

Texas Court Likens Issuance of Continuation Patents During Litigation to Patent Reexamination

As discussed yesterday, willful infringement exists where an accused infringer acted “despite an objectively high likelihood that its actions constituted infringement of a ...

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post image Vietnam, Thailand, Malaysia Added to Derwent World Patents Index from

Recently Derwent World Patents Index (DWPI) added the emerging Southeastern Asian countries of Vietnam, Thailand, and Malaysia to its growing collection. Trailing the BRIC(K) countries (Brazil, Russia, India, China, Korea) that we talked about ...

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post image Action and redaction: equal and opposite? from

For the IPKat, finding a claimant called ABC
was literally a piece of cake
The IPKat has seen some strange things in his time, but never a judgment quite like this. It's in the ...

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post image Letter from AmeriKat II: Supreme Court greets Microsoft v i4i from

The Circuit Courts’ approach

"Let's see what makes
this darned thing tick ..."
Microsoft cites cases from all 12 circuits in support of the contention that the circuit courts adhered to the Supreme Courts dictum ...

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post image Famous Five Go For Growth from

"Look, there's the wreck of the Dotcom!"
exclaimed Tom.  "Not much to salvage
there", quipped Roger.

Famous Five Go For Growth.  A media release from the UK's Intellectual Property Office, "Panel of experts ...

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USPTO News Briefs from

By Donald Zuhn -- Trilateral Offices Reaffirm Commitments The U.S. Patent and Trademark Office recently announced that the leaders of the USPTO, European Patent Office (EPO), and Japan Patent Office (JPO) -- or the Trilateral Offices ...

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Solving Utility Problems from

The Federal Circuit decisions in Cancer Research Technology Ltd. v. Barr Labs., Inc. (Nov. 2010) and In Re '318 Patent Infringement Litigation ("Janssen") (Sep. 2009) present an interesting contrast in utility issues. In Cancer Research ...

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Caribbean IP – Protecting Traditional Knowledge from

In the Caribbean, issues of traditional knowledge in intellectual property are hardly considered to be of special significance to the majority of policymakers and, except for a few pockets of interest groups such as a ...

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PwC Publishes 2010 Patent Litigation Study from

PriceWaterhouseCoopers (PwC) recently published its annual 2010 Patent Litigation Study, and this year's publication has some interesting data:

•  Despite a small uptick of granted patents in 2009, the number of filed patent actions dropped ...

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Are ICAP Ocean Tomo’s Patents “Low End”? from

Joff Wild has directed us to an interesting comment in the context of the Novell/Microsoft patent sale.  Remarking on the differences between private transactions and public auctions, Joff’s source notes:

This [private sale ...

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The American Medical Association et al. File Amici Brief Arguing for Affirmance of AMP v. PTO from

An amici brief was filed yesterday by Professors Lori Andrews and Joshua Sarnoff on behalf of the American Medical Association, American Society of Human Genetics, American College of Obstetricians and Gynecologists, American College of Embryology ...

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Nintendo Tries to Trademark ‘On Like Donkey Kong’ — Seriously? from

By: Aaron B. Thalwitzer Whether in the back of a gas station or on my neighbor’s Atari 2600, Donkey Kong was way too hard for me. My most cherished Donkey Kong memory actually relates ...

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Filing Privileged Documents Under Seal and Serving Opposing Parties Waives Privilege from

Plaintiff's motion to reclaim privileged documents where it attached privileged documents to a motion filed under seal, and not for in camera review, was denied. "Filing under seal protects the documents from view of ...

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More thoughts on the UK's IP tax reform document from

Now back in the UK, and with a functioning computer again, I’ve been digging a little further into the other IP proposals in the HM Treasury Corporate Tax reform document, and looking at the ...

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Innovation and the future Obama agenda from

The big news economy yesterday was the President's announcement on a tax deal with the GOP. But, when President Obama gave a speech in North Carolina yesterday, he sounded a larger theme of economic ...

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Relevance of patents in M&A transactions from

Economists have studied the relationship between patents and M&A; activity but htere is remarkable lack of data to show which role, if any, patents play in M&A; transactions. Antti Saari, wrote his master ...

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Revisions to Federal Rule of Civil Procedure 26 - New Untested Protections for Testifying Experts from

On December 1, 2010, the latest version of the Federal Rules of Civil Procedure went into effect. As part of the new rules, significant changes were made to Rule 26 regarding the discovery of information ...

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WHO To Define Traditional Medicines Standards from

The World Health Organization intends to develop a new classification scheme for traditional medicine intended to provide web-based platform for users to document ideas and terms used in traditional medicine. Related Articles:

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Golden Hour v. emsCharts: Puppeteer Required for Joint Infringement Doctrine; Partial Disclosure May Evidence Inequitable Conduct from

By Olivier A. Taillieu and Thomas F. Zuber || In a split decision, the Federal Circuit has reiterated its strict interpretation of the joint infringement doctrine, limiting its application to cases where a clear “puppeteer” exists ...

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New 2010 Supplement to 'International Patent Litigation: A Country-by-Country Analysis' from

The following is excerpted from a December 6, 2010press releasepublished at PR Newswire:

BNA Books, a division of specialized news and information publisher BNA, announced today the publication of the new 2010 Supplement ...

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United States Files Amicus Curiae Brief Arguing that Rule 9(b) Should Apply in False Marking Cases from

In response to a petition for writ of mandamus in the Federal Circuit in In re BP Lubricants USA Inc., regarding the issue of whether the pleading requirements of Rule 9(b) apply to false ...

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Book Review: International Copyright Principles, Law, and Practice from

Oxford University Press was kind enough to send me a copy of this book recently (International Copyright: Principles, Law, and Practice, by Paul Goldstein and Bernt Hugenboltz). My copyright practice mainly consists of U.S ...

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