Patent & IP news for December 10, 2010

Patent Litigations



Patent & IP Blogs

post image Patentability of method/process claims- Application of recent US case law to the Indian patent act section 3(k) from

In Research Corp. v. Microsoft, the CAFC discussed the application of 35 U.S.C. § 101 to claims pertaining to abstract ideas, including digital image formats and half-toning.  Halftoning is a graphic technique that mimics ...

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post image Patent uncertainty: Goldilocks and Google from

The IPKat has received this comment from an employee of a well-known patent-granting office.  For the sake of his job security, peace of mind and future promotion prospects he prefers to remain anonymous.  He writes ...

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post image Settlement Discussions Explain Delayed Request for Patent Reexamination from

Your Honor…the dog ate our first reexam request

In reviewing the cases each week that analyze staying an ongoing district court patent infringement proceeding pending a concurrent patent reexamination, I am always struck by ...

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post image Drug Wars: Teva Pharma Uses Online Game to Promote Generic Substitution from

Teva Pharmaceuticals has launched a new online game promotion generic substitution among consumers. The link is below – as you can see, it allows players to replace popular brand-name drugs with their generic equivalents, and it ...

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post image Friday fantasies from

Forthcoming events: this year is now nearly over, unless you have a job as a Christmas Santa or as a sales assistant -- in which case you may not be an IP practitioner, brand owner, patent ...

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post image Long Term Economic Predictions from


It has been a year since I published my book The Decline and Fall of the American Entrepreneur: How Little Know Laws and Regulations are Killing Innovation.   The book explains that the only way ...

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post image Broccoli (G 2/07) and Tomatoes (G 1/08): the decision is in from

The IPKat reported in a post dated 11 June 2007 of a referral having been made to the EPO Enlarged Board of Appeal (G 2/07) on the subject of whether a process involving crossing ...

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post image Sale of Nortel Patents May Change Tech Power Balance from

Bidding Frenzy Likely for IP Rights

Reuters broke a story that bids for the remaining Nortel Networks patents worth up to $1 billion are due within weeks.

Sources close to IP Insider have said that ...

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post image BREAKING: 'Small' EU Patent To Come Soon from

I just spotted the above-pictured Tweet of Mr Vincent Van Quickenborne, Minister for enterprise and streamlining policy of Belgium.

The linked Document says:

"After more than 40 years breakthrough in realizing EU Patent supporters put ...

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USPTO Recognizes 30th Anniversary of Bayh-Dole Act from

By Donald Zuhn -- Earlier today, the U.S. Patent and Trademark Office commemorated the 30th anniversary of the Bayh-Dole Act with a special program at its headquarters in Alexandria, VA. The program featured congressional leaders ...

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HHS Denies Request to Exercise Bayh-Dole "March-in" Rights for Fabrazyme from

By James DeGiulio -- On August 2, patients with the rare Fabry disease petitioned the Department of Health and Human Services to exercise the "march-in" powers under the federal Bayh-Dole Act, and issue an open license ...

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USPTO Launches Extended Missing Parts Pilot Program from

On December 8, 2010, the USPTO launched an Extended Missing Parts Pilot Program that will permit applicants to delay payment of search and examination fees (only) for up to 12 months for certain original U ...

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Which reality stars protect their trademarks? from

This week, the Daily Beast reports on the top grossing reality show stars of 2010. Being a top reality star today is an opportunity to launch a business career. Paris Hilton may have done this ...

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Some Processes For Plant Production Banned From Patentability In Europe from

The European Patent Office Enlarged Board of Appeal yesterday gave its decision on the so-called “broccoli” and “tomato” cases, and excluded “essentially biological processes for the production of plans (or animals)” from patentability. Related Articles ...

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And The Other Shoe Just Dropped … Intellectual Ventures Files Its First Patent Infringement Lawsuits from

Unless you’ve been under a rock, you’ve already heard the news.  Not only has IV filed its first three lawsuits,but they’ve done it in a very public manner, issuing their own ...

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Now Hyundai is a Trademark Bully from

By: Mark R. Malek If there is one thing that we have been focused on over the past year or so here at Tactical IP, it is keeping an eye on trademark bullies here, here ...

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Sports stars and their trademark slogans featured in NY Times today from

The New York Times today has a good article about the increasing number of professional athletes who have taken steps to protect their trademarks. Slogans or catchphrases can be big money for the selling of ...

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FOSS, focus, philosophy: setting the record straight from

Yesterday, in a report on my visualization of Apple's patent disputes with HTC and Motorola, made the following reference to the title of this blog:

"FOSS, by the way, stands for ...

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October trade in intangibles from

October's trade data released this morning showed a slight improvement. The monthly trade deficit declined dramatically to $38.7 billion from September's $44.6 billion. Exports rose by $4.9 billion while imports ...

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Policymakers, NGOs Disagree: Does EU-India FTA Serve Mutual Interests? from

The proposed European Union-India free trade agreement was one of the top issues at the 11th EU-India Summit held in Brussels today. But two sides of the story are being told about who will benefit ...

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IP Issues In Shadows At Climate Change Conference from

As delegates in Cancun, Mexico, neared the end of their search this week for consensus on how to stop climate change, intellectual property issues were being set aside for later. Related Articles:

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Abstract Ideas | Research Corp. v. Microsoft from

Federal Circuit Analyzes Abstract Ideas Exception to Patent-Eligible Subject Matter

Ever since the Supreme Court’s decision in Bilski v. Kappos, much uncertainty has existed regarding what is required for a claim to satisfy ...

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Great Progress on Goals from

Special Guest Blog by USPTO Commissioner for Patents Bob Stoll


Traditional first action pendency declined again to an average of 24.9 months for November from 25.7 months in October.  In addition, traditional t ...

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WIPO Members Move Into Detailed Talks Toward Folklore Treaty from

Delegates negotiating early stages of a treaty on traditional cultural expressions this week got down to details of what to protect, from whom and how in late-night drafting sessions at the World Intellectual Property Organization ...

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Intellectual Ventures Sues Nine Tech Firms from

The following is excerpted from a December 9, 2010articleby Don Clark and Dionne Searcey from The Wall Street Journal:

Technology companies on Wednesday received troubling news that some had feared for years: Intellectual ...

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