Patent & IP news for January 10, 2011

Patent Litigations



Patent & IP Blogs

post image Patent Reexamination Pilot Program Update from

Patentees Frustrate USPTO Efforts to Reduce Ex Parte Reexamination Pendency  (click to enlarge)

As discussed in previous posts, in August of 2010 the USPTO announced a pilot program, aimed at reducing the pendency of ex ...

Share via E–mail | Twitter | Facebook

post image Success at Open Innovation Requires Finding the Right Partners: Here’s How to Improve Your Success Rates from

Success in Open Innovation requires a technology pitchers and catchers to connect

With more companies building open innovation into their product development platforms, there would appear to be increasing opportunities for companies and independent IP ...

Share via E–mail | Twitter | Facebook

post image Licensing Patents & Know-How: one programme, many questions ... from

The Kats take an interest
in BRIC licensing ...
Even though he's not on the conference programme, or perhaps because he isn't, the IPKat is intrigued by some of the content of a forthcoming ...

Share via E–mail | Twitter | Facebook

post image PCC Page 11: Getting your tentacles in a twist from

New readers start here: Last year PatLit published a series of 10 "PCC Pages", devoted to the newly-revamped Patents County Court (PCC) for England and Wales and how to use it (an index of the ...

Share via E–mail | Twitter | Facebook

post image Unrepresented patent applicants: some in-depth comment from

Going it alone ... Following last Thursday's post ("Unrepresented patent applicants: a little thought", here) there has been a great deal of interest among readers, generating over 20 comments -- some of which are highly perceptive ...

Share via E–mail | Twitter | Facebook

post image How About a Patent Attorney for the Federal Circuit? from

Inventive Step is reporting that President Obama has renominated Edward C. DuMont and Jimmie Reyna to serve on the United States Court of Appeals for the Federal Circuit.  Oddly, the press release announcing the renomination ...

Share via E–mail | Twitter | Facebook

post image Comments on “Small Business Study” by the U.S. Patent and Trademark Office from

In response to the U.S. Patent and Trademark Office’s Request for Comments regarding trademark litigation tactics, our firm has submitted the comments below. We hope that all comments will be made public by ...

Share via E–mail | Twitter | Facebook

post image IBM Files Patent on Patenting Process from

Is Big Blue Co-Opting Innovation?

It was reported in early 2011 that an application has been published for an IBM patent that apparently attempts to secure rights on the patent process.

As best I can ...

Share via E–mail | Twitter | Facebook

post image Photo Negative from

St. Clair sued Fuji Photo Film and seven other digital camera makers for infringing four digital photo format patents: 5,138,459; 6,094,219; 6,233,010; and 6,323,899. The district court ...

Share via E–mail | Twitter | Facebook

post image Monday miscellany from

Paris Convention:
effective protection
in its day, but is it
adequate for 2011?
In need of protection: WIPO and the patenting public.  Following the IPKat's post on Friday (here) on what appears to be ...

Share via E–mail | Twitter | Facebook

Conference & CLE Calendar from

January 11, 2011 - Gene Patenting -- Defining a Potentially Pivotal Moment in Biotech (Foley & Lardner LLP) - 12:00 to 1:00 pm (EST) January 12, 2011 - New USPTO Guidelines and the Obviousness Standard for Patents (Strafford ...

Share via E–mail | Twitter | Facebook

Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Aventis Pharma S.A. et al. v. Accord Healthcare Inc. USA 1:11-cv-00018; filed January 6 ...

Share via E–mail | Twitter | Facebook

BIO Survey Shows Support for DNA-Based Patents Despite Some Reservations from

By Donald Zuhn -- A survey commissioned by the Biotechnology Industry Organization (BIO) shows that 89% of respondents believe patents provide the protection, time, and funding researchers to work on major technological discoveries, and therefore, are ...

Share via E–mail | Twitter | Facebook

Representatives Send Letter to FDA to Explain Data Exclusivity Provisions of Biosimilars Legislation from

By Kevin E. Noonan -- Members of Congress (Rep. Anna G. Eshoo (D-CA) (at right), Rep. Jan Inslee (D-WA), and Rep. Joe Barton (R-TX)) who sponsored the follow-on biologics portion of the comprehensive health care reform ...

Share via E–mail | Twitter | Facebook

The end of the American (damages) dream? from

Most of the times a patent case is ruled in the US I’m surprised with the amount of damages award. I usually have the impression that more than damage repair, US Courts apply punitive ...

Share via E–mail | Twitter | Facebook

Procedural win: Apple obtains transfer of a Nokia suit from Wisconsin to Delaware from

Last week, Apple achieved a partial streamlining of its patent dispute with Nokia: a lawsuit in which each party asserted seven patents against the other was transferred from the Western District of Wisconsin to the ...

Share via E–mail | Twitter | Facebook

Kappos on USPTO Pendency Reduction from

In his recent blog, David Kappos commends the USPTO technical support staff for the recent reductions in patent application pendency. On October 22, 2010, the United States Patent and Trademark Office released the final version ...

Share via E–mail | Twitter | Facebook

USPTO patent grants up 31% from

A Bloomberg story on an IFI report is titled IBM, Samsung Lead 31% Record Jump in New U.S. Patents in 2010 and includes text:

The U.S. Patent and Trademark Office improved turnaround times ...

Share via E–mail | Twitter | Facebook

Combusting salt water with radiofrequency from

Published US application 20090294300 (12/398646 ) is titled RF SYSTEMS AND METHODS FOR PROCESSING SALT WATER and includes the following in the abstract:

Exemplary systems and methods may use RF energy to combust salt water ...

Share via E–mail | Twitter | Facebook

Public Opinions Brewing Over Starbucks Logo Change from

Leslie Chong is a J.D. candidate at Osgoode Hall Law School. Starbucks has recently proposed a newly revamped logo to represent their company – a seemingly simple change that has prompted much furor among their ...

Share via E–mail | Twitter | Facebook

Andy Rooney makes a mistake in finding mistakes from

Andy Rooney's piece on "60 Minutes" on January 9, 2011 (the "Rendell episode" of "60 Minutes") highlighted mistakes found in a school history textbook. One issue was misspellings. Among other words, the word "secession ...

Share via E–mail | Twitter | Facebook

USPTO Interprets Fed Circuit’s Bilski Interpretation – Everything Is Patentable (Again) from

First the CAFC refused to invalidate RCT’s patent on halftoning greyscale images.  Next, they broadly applied Bilski to uphold a medical diagnostic patent.  While the rest of us wait to see if the ...

Share via E–mail | Twitter | Facebook

Patent Application Costs from

On Friday, a new post on IPWatchdog caught my attention.  While I co-sign the post written by Gene Quinn, the post was about an issue that I believe is so important that I feel I ...

Share via E–mail | Twitter | Facebook

OSI on CPTN from

An open letter by OSI includes the text:

"The founders and leaders of CPTN have a long history of opposing and misrepresenting the value of open source software, which is at the heart of Web ...

Share via E–mail | Twitter | Facebook

Patent Law Exam 2010: Part II from

For the past several decades, an accused infringer wanting to challenge a patent's validity in court has been required to provide clear-and-convincing evidence of invalidity. In Microsoft v. i4i, the Supreme Court is considering ...

Share via E–mail | Twitter | Facebook

2010 Sees Record Jump In Patents Issued in the USPTO (and IBM Received Almost 6,000 of Them) from

While the number of patents issued in 2009 was off from previous years, a recently-published report from IFI Claims Patent Services suggests that 2010 made up for the difference, and then some.  In fact, the ...

Share via E–mail | Twitter | Facebook

Exclusive Licensee of One Joint Patent Owner Lacks Standing to Sue for Infringement from

Defendant's motion to dismiss a plaintiff for lack of standing was granted where that plaintiff was a licensee of only one of two patent owners. "As an exclusive licensee of only one joint owner ...

Share via E–mail | Twitter | Facebook

Concerning "Is Law School a Losing Game?" from

In the article Is Law School a Losing Game?, David Segal of the NYT quotes one John Thacher:

“Most of us either went to the wrong law school, which is the bottom two-thirds, or we ...

Share via E–mail | Twitter | Facebook

PDL BioPharma loses in ND Ca from

Bloomberg noted on 10 January 11:

The antibody Synagis is made by AstraZeneca's Plc's Medimmune unit. In the decision, the U.S. District Court for the Northern District of California said PDL's ...

Share via E–mail | Twitter | Facebook

Patent for anti-hypertension combination drug Valturna revoked from

The Indian Patent Office lately revoked the Patent Number IN212199 issued to Novartis claiming single-pill combination of aliskiren and valsartan marketed as Valturna. The patent was revoked after Novartis failed to overcome the post-grant opposition ...

Share via E–mail | Twitter | Facebook

Wintersteiger 3: the legal grounds from

AdWords, trade marks and adjacent European Union Member States linked by a common language -- are these not the ingredients of a first-rate piece of litigation? Of course they are, which is why the IPKat posted ...

Share via E–mail | Twitter | Facebook

Reverse Payment Settlements Return to the Supreme Court from

Louisiana Wholesale Drug Co. v. Bayer AG (On Petition for a Writ of Certiorari 2011)

Ordinarily, a patent is valuable when it offers some degree of market exclusivity. Over the past decade, we have seen ...

Share via E–mail | Twitter | Facebook

European Patent Validation Soon Available in Morocco from

The Minister for Industry, Commerce and New Technologies of Morocco, Ahmed Reda Chami, and the President of the European Patent Office, Benoit Battistelli, recently signed an agreement to allow validation of granted European patents in ...

Share via E–mail | Twitter | Facebook

When is a Process Claim Directed to an Unpatentable “Abstract Idea” Under 35 U.S.C. § 101? from

In Bilski (130 S. Ct. 3218 (2010)), the Supreme Court criticized the Federal Circuit’s “machine or transformation” test for patent eligibility under § 101.  In doing so, the Supreme Court emphasized that the § 101 patent ...

Share via E–mail | Twitter | Facebook

Exclusive licensee of patent’s co-owner is not an exclusive licensee of “all substantial rights” in the patent from

A recent case from the Southern District of California highlighted the hurdles that patent licensees often need to overcome when enforcing a patent against third parties. 

In EBS Automotive v Illinois Tool Works (S.D ...

Share via E–mail | Twitter | Facebook

Ten most flagrant science frauds? from

Emma Taylor of AccreditedOnlineColleges sent a link to the 10 Most Flagrant Science Frauds of All Time.

The Sokal hoax made #5, but Jan-Hendrik Schon and Hwang Woo Suk were no where to be found ...

Share via E–mail | Twitter | Facebook

Rendell explains his "60 Minute" outburst: the producer egged me on from

What happened to Governor Ed Rendell during his "60 Minutes" interview broadcast on January 9, 2011? KYW gave an exclusive interview on January 10, 2011.

Rendell first pointed out that it was a "60 Minutes ...

Share via E–mail | Twitter | Facebook

"The Land of the Unemployed" from

In an article title "The Land of the Unemployed" [Hertz Foundation newsletter, winter 2010], Norman R. Augustine [ chairman of the Review of United States Human Space Flight Plans Committee ] speaks of innovation:

first to gain ...

Share via E–mail | Twitter | Facebook

Supreme Court Patent Case of the Week from

It strikes me that the patent bar is much more familiar with the opinions issued by the Federal Circuit than it is with US Supreme Court patent cases.  I thought it might be interesting to ...

Share via E–mail | Twitter | Facebook

Some content © 2007–2014 RPX Corporation.
Terms of Service & Privacy Policy
For DMCA requests contact