Patent & IP news for December 9, 2010

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post image Intellectual creation and database right: English go to Europe again from

The real reason why the Court of Appeal sits in threes:
one takes the penalties and the other two go in goal ...
While many of the English are not very fond of continental Europe right ...

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post image The (bad) luck of the Irish: patent tax exemption bites the dust from

Back to the dark ages for Irish
patent royalty taxation?
IP Finance has just learned that, in the Summary of 2011 Budget Measures, (See p B7 here), delivered to the Irish Dail yesterday, the provision ...

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post image L’Oréal v eBay: what the Advocate General says from

On 22 May 2009 Mr Justice Arnold told us that he was referring a number of questions to the Court of Justice of the European Union for a preliminary reference in one of the most ...

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post image "Read all about it!" Court rules web is permanent, newspapers are ephemeral from

Daily Mirror: from today's
fresh news ...
Here's a case which might have just been about the effect of an implied, unwritten and ephemeral contract, but it is also about the permanence of an ...

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post image Beware of new trademark scam from

I received a new “notice” (see below) in the mail this week regarding one of my registered trademarks. A client contacted me who received one as well.  According to the solication, Official Registration, Inc. recommends ...

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post image The CIPA seminar: Chris Ryan reports from

No statements of practice
will be created on the hoof
Chris Ryan, who attended Tuesday evening’s CIPA-organised seminar on the Patents County Court and who penned this report for PatLit, faced delicate challenges ...

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post image What happens when your silver bullet isn’t in the abstract? from

We English-speaking searchers often have to conduct global patent investigations.  In order to search non-English collections, many of us need to rely primarily on English-language abstract files such as the Patent Abstracts of Japan collection ...

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post image Radio Broadcasters move transfer petitions before Supreme Court to consolidate appeals in the compulsory licensing dispute from

Thanks to Anita Iyer, a Mumbai based music journalist, we have yet another update on the fast evolving dispute between music companies and radio broadcasting companies over the compulsory licensing order of the Copyright Board ...

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post image In re Acer– Half Way Home from

CAFC Mandamus Decision Forces Acer Dispute to California

Last Friday the CAFC ordered the District Court for the Eastern District of Texas to transfer venue to the Northern District of California (NDCA) in the case ...

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post image Federal Circuit Uses Prosecution Disclaimer; Rejects Claim Differentiation Argument from

ERBE Elecktromedizin GmbH v. Canady Tech. LLC (Fed. Cir. Dec. 9, 2010)

In this case, the Federal Circuit affirmed the district court's claim construction, finding that the claim term at issue was limited based ...

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Amicus Briefs in AMP v. USPTO: Rosetta Genomics & George Mason University from

By Donald Zuhn -- In one of nine amicus briefs filed in late October in the Association of Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") case, amici Rosetta Genomics Ltd., Rosetta Genetics, Inc ...

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An Application of the Abstract Idea Exclusion to Patent Eligibility from

By Kevin E. Noonan -- One of the more unusual aspects of the Supreme Court's Bilski v. Kappos decision was its direction, towards the end of the majority opinion, that the Federal Circuit develop its ...

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Generating power from the pavements from

I was reading an article in yesterday's Evening Standard about a shopping centre in Stratford, London that will open next Christmas, and came across a mention of pavements that would generate power...

(From Steve ...

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A message to the Hargreaves Review team from

On Tuesday, in "Five Go For Growth", the IPKat commented on the selection of the team of five which has been picked to assist Professor Ian Hargreaves in the forthcoming review of the UK's ...

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As Predicted, RCT Expands Patentability for Software from

Thankfully, the Federal Circuit is bringing normalcy back to recent statutory subject matter debates for software and business methods in view of Bilski. As we predicted, the case of RCT v. Microsoft is the first ...

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The ShotSpotter: identifying gunshot locations from

I was watching the BBC news this morning when there was a piece about an initiative in Birmingham, England to try out a system which identifies where gunshots have been fired. The news story is ...

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False Advertisement Through Third Parties May Constitute False Marking, But Facts Must be Pled With Particularity from

Defendant's motion to dismiss plaintiff's qui tam false marking action for failing to plead with particularity was granted where plaintiff alleged the websites of defendant's affiliates claimed defendant's product was patented ...

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What If There Were An Application For Dot Wikileaks? from

What would happen if the Internet Corporation for Assigned Names and Numbers (ICANN) received an application for a .wikileaks top level domain name (TLD) next year, under its new system of opening up the internet ...

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USPTO Introduces Almost Useless Pilot Program from

USPTO Director David Kappos announced recently a potential new pilot program aimed at addressing the request of inventors that they be given additional time to develop an invention disclosed in a provisional patent application before ...

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London Agreement to Come into Effect for Hungary from

On January 1, 2011, the London Agreement will enter into force in Hungary, bringing the total of member EPC countries to 16.  Previously, validation of a granted European patent into Hungary required a complete translation ...

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Butterball beware! False Marking Plaintiffs Get Creative, Dig Deeper to Support Intent to Deceive Allegations from

With intent to deceive at the forefront of false marking cases, plaintiffs are getting quite specific in their pleadings of just how deceptive false marking practices can be:
Plaintiff was deceived into choosing a Butterball ...

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Invisible images again: the Kat rages against the Curia from

STOP PRESS: shortly after this item was posted, the "invisible" images miraculously appeared in the German version, but still haven't appeared in the French one.  Can some kind reader offer to assist Curia in ...

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Uproar Over Government-Only Internet Governance Forum from

Civil Society and Industry stakeholder groups are up in arms against a decision by the bureau of the United Nations Committee on Science and Technology for Development to task only governments with the decision on ...

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OECD report on learning organizations from

Here is a new report from the OECD on Innovative Workplaces: Making Better Use of Skills within Organisations. The opening paragraph summarizes the topic very well:

Innovation is widely recognised as an important engine of ...

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