Patent & IP news for December 13, 2010

Patent Litigations



Patent & IP Blogs

post image Pondering the "Legal" Competence of the IPAB from

In a previous post, I pointed to the rather problematic history of the IPAB, where ILS officials (serving as government secretaries) engineered appointment rules and eligibility criteria to favour their own "future" postings to the ...

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post image BPAI finds that meaning of "integral" argued by Applicant (to avoid 112) reads on reference from

Takeaway: In Ex parte Blau, the Applicant relied on the door in the claimed animal trap being "integral" to distinguish over the reference. The Applicant also stated, in responding to a written description rejection, that ...

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post image Apple’s registered iPhone app icons from

As previously discussed on this blog, the small images used on mobile devices to indicate which “apps” can be chosen and used are a new front on the trademark frontier. Many brands have designed new ...

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post image China’s next five year plan – what does it mean for patent litigation? from

China, the world’s manufacturing centre, is still considered by many as the Wild West for intellectual property infringement. But things are changing and indeed have already changed, according to He Fang, of Rouse's ...

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post image New deal planned for GIs in Europe from

Above: this diagram represents the present scheme for registration of GIs It's all so exciting in Europe.  While the continent's patent folk battle to produce an EU patent which will enhance certainty while ...

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post image Monday miscellany from

English- and Slovak-speaking kittens
are no longer in suspense over the
outcome of Case C-449/09
The IPKat is grateful to his Bulgarian friend Emil Marcov for drawing his attention to the fact that one ...

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post image Examiner Requests BPAI Reconsider Decision to Reverse from

Rare Examiner Request Filed for Patent of LabCorp Fame

U.S. Patent 4,940,658 relates to an assay for Sulfhydryl Amino Acids and methods for detecting and distinguishing Cobalamin and Folic Acid deficiency. This ...

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post image Standards and strategies: two books in review from

Patents and Industry Standards, by Jae Hun Park (Korean Intellectual Property Office, Korea), is a relatively slender book on a subject which is immense and simply keeps expanding. According to the increasingly adventurous IP publisher ...

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Conference & CLE Calendar from

December 16, 2010 - "The Role of Intellectual Property in Development" (World Bank Legal Vice Presidency) - Washington, DC January 1-5, 2011 - 28th Annual National CLE Conference (Law Education Institute, Inc.) - Vail, CO January 12, 2011 - "New ...

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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. Shire LLC, Supernus Pharmaceuticals, Inc. et al. v. Impax Laboratories, Inc. et al. 3:10-cv-05467; filed ...

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Amicus Briefs in AMP v. USPTO: University of New Hampshire School of Law from

By James DeGiulio -- In another amicus brief filed in late October in the Association of Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") case, Prof. J. Jeffrey Hawley and Prof. Ann McCrackin, writing ...

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Bosnia: more patents to infringe, but ... from

The European Commission’s Enlargement Package for 2010 includes a progress report on Bosnia and Herzegovina's IP rights. The number of patent applications has increased and the average time needed to process a patent ...

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Intellectual Ventures' Litigation Adventures about to start from

PatLit has been watching with great interest the activities of Intellectual Ventures (IV).  Having spent the past decade stockpiling and licensing patents, this non-practising entity with a difference has now filed its first three patent ...

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Alleging Post-Expiration Modification of Packaging is Sufficient to Plead False Marking Intent to Deceive from

Defendant's motion to dismiss plaintiff's qui tam false marking action for failure to allege intent to deceive was denied where plaintiff alleged defendant changed its packaging several times after the patent-at-issue expired. "[T ...

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Are We On The Verge Of A Patent Arms Race? from

On the heels of stories like Facebook’s purchase of HP and Applied Materials patents and Groupon’s purchase of an early group discounting patent, comes a report today that Apple, Google and RIM are ...

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Applying for a Patent from

To obtain a U.S. Patent on a new invention, one must file a patent application that follows the rules and requirements of the PTO.  A patent application must include a written description and drawings ...

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WTO Members Discuss GIs As EU Proposes Higher Regional Protection from

World Trade Organization members last week agreed to work on a draft text for an international register of geographical indications for wines and spirits by April 2011. Meanwhile, the European Commission took steps last week ...

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Bahy-Dole: framework, straitjacket or something in between? from

A little while ago, Chris Torrero kindly sent me this link to this interesting piece from Genome Web News entitled "US Supreme Court to Hear Case on Universities' IP Rights on Federally Funded Research". It ...

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Trademark Clearances for Copyright? from

I've always wondered at the logic of a rather bizarre provision under the Indian copyright act.

Section 45 relates to artistic works that have the potential to double up as trademarks. It states that ...

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In One Word, Trademark from

By Scott Nyman Lately, companies are increasingly filing trademarks applications for single words. Mark has provided a great example of this practice in his coverage of Facebook’s battle for “face” and “book.” Now, Apple ...

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