Patent & IP news for January 18, 2011



Patent & IP Blogs

post image Lammy double whammy from

Left to right: Lavinia Carey (British Video Association),
IPKat team member Jeremy and ex-IP Minister David Lammy MP
To refresh the memories of the IPKat's readers, the photo above was taken at the All ...

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post image KtMINE Intellectual Property Royalty Rate Data & Documents Added to Zephyr from

The following is excerpted from the Winter 2011 Bureau van DijkNewsletter:

ktMINE intellectual property (IP) royalty rate data and licensing agreement documents have been integrated with Zephyr, our global M&A; deals and rumors ...

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post image Patents in Hollywood from

Here are the opening lines of the new NBC show "Harry's Law.”

Partner: In less than a month, you have gone from being one of the best patent lawyers in the country, much less ...

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post image EU-India closer to FTA-hampered public health regime? from

Draft IP chapter made availableThe chapter on IP in the draft EU-India FTA has been made publicly available for the first time. As Malini Aisola of CIS has pointed out, the draft shows India ...

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post image Neuschwanstein Castle trade mark dispute from

Germany is a country of many castles (see recent IPKat posts here and here) and one of the most famous of these castles is Neuschwanstein Castle (literally: new swan stone, depicted top left). Neuschwanstein was ...

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post image EU Commission looking at Generics and Patents from

There's a detailed report emanating from Bloomberg Businessweek which explains a little bit about the EU's current investigation into the branded and generic drug markets. The European Commission has been looking into the ...

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post image Don’t File a Patent: A Book by John Smith from

John Smith starts his book thanking "Examiner Ms. E.P." of the USPTO for giving him inspiration for his book. "Without your three absurd Office Action rejections, this book would not have been possible." Smith ...

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post image My Secret Weapon: The Open Directory Project from

Recently I was attempting to find spot-on sources for a literature search in a subject area related to materials science.   The first place I checked was the Intellogist Resource Finder, which contains a collection of ...

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post image Don’t File A Patent: A Reprise–Who Needs It? from

So, awhile back I promised an update to my post about John Smith (who, incidentally, called me to confirm that John Smith is, in fact, his real name).  Good to meet you John. John runs ...

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post image Read This to Become a Better Patent Attorney or Agent (Crosspost from GameTime IP Blog) from

(Editorial note:  My friend Patrick Anderson, proprietor of the great GameTime IP blog, recently met someone who wrote the Don’t File a Patent book.  As a patent attorney, Patrick was greatly affected by what ...

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post image Reciprocal Recordings: Copyright Charity Must End at Home from

In our submissions to the Parliamentary Standing Committee (tasked with examining the recent copyright amendment bill), we argued strongly in favour of strengthening our "reciprocity" provisions, an aspect first brought to light on this blog ...

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post image Removing Terminal Disclaimers by Patent Reissue from

Expanded BPAI Panel Divided on Proper Reissue Practice

The proper interpretation of the patent reissue statutes was explored rather frequently at the Board of Patent Appeals & Interferences (BPAI) in 2010. Several important BPAI decision relating ...

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post image New Patent Litigation Survey Confirms NPE Growth from

What’s Fueling Higher Awards?

Damages awards for NPEs (non-practicing patent owning entities) are on average triple those of practicing entities, according to handy 2010 Patent Litigation Study from PwC, recently made available.

For some ...

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post image Patents, Innovation and Job Creation: A Virtuous Circle from

The Freshman Class of the 112th Congress in the U.S. House of Representatives

Yesterday was the day that we remember Martin Luther King, Jr., which unofficially seems to typically be the start of the ...

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WHO Future In Question; Debate Over Industry Representation from

A seemingly overworked and impoverished World Health Organization opened its Executive Board session today with calls for reform amid deep concerns about its financial future. Meanwhile, dissension arose over an industry representative named by the ...

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Academic Study Supports Longer Data Exclusivity Term for Conventional Drugs from

By Kevin E. Noonan -- An enduring trope in literature from all civilizations is the efforts of one generation to make conditions and prospects better for the next generation. That parents care for their children has ...

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Domain Name Registration Lapse Results In Headaches And Trademark Infringement Lawsuit from

Santa Ana, CA ��� This case should serve as a warning to all domain name owners: TIMELY RENEW YOUR DOMAIN NAME REGISTRATION AND DON���T LET IT LAPSE! The Valaskantjis family trust, owner of the Tom ...

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Making a Federal Case Out of Patent Malpractice from

In Warrior Sports, Inc. v. Dickinson Wright, P.L.L.C., the Federal Circuit examined the circumstances under which a charge of malpractice against a patent attorney raises substantive issues of patent law sufficient to ...

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Survey on Willful Infringement from

Prof. David C. Berry (Cooley) is researching how In re Seagate Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007)(en banc) has altered the practical landscape of willful patent infringement. One goal of the ...

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Comparable Licenses Used to Establish Reasonable Royalty Rate from

A patentee can seek money damages and/or an injunction against companies that infringe their patent.  Damages are calculated as the dollar value that the patentee suffered due to the infringement.  However, in certain situations ...

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Apple's assets from

With Steve Job's surprise announcement that he is taking medical leave, we get a stark look at what really drives value in I-Cubed companies such as Apple. One quote in the Washington Post story ...

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Claim Reciting Multiple "Extensible Markup Languages" Is Not Invalid For Lack Of Written Description Even Though Specification Describes Only One from

Defendant's motion for summary judgment of invalidity for lack of written description of plaintiff's encryption patent was denied. "[Defendant's] argument rests exclusively on the fact that [the claims] refer . . . to 'another Extensible ...

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Products Coach Matt Yubas to Host Licensing Seminar in Orlando from

By: Mark R. Malek My good friend, Matt Yubas, will be hosting a seminar for inventors in Orlando on Saturday February 26, 2010.  Please click here for some information on the seminar. I have been ...

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EU competition chief has no concerns over Novell patent deal from

The EU is not going to intervene against the Novell patent deal about which the Open Source Initiative (OSI) and Free Software Foundation Europe (FSFE) recently complained. European Commission vice president and competition commissioner Joaquín ...

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New Rules Eyed For Election Of WHO Director General from

With the World Health Organization director general’s term of office ending next year, WHO members today set up a drafting group to try to reconcile divergent views on the process leading to the election ...

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"Trial-by-Internet" from

The Scientist discusses the Silvia Bulfone-Paus matter. In July, 2010, around the time a formal investigation of possible science fraud began, accusatory emails distributing information about Bulfone-Paus and details about suspect papers, such as evidence ...

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EU does not have problems with CPTN getting Novell patents from

PCWorld includes text from a 17 Jan 2011 posting:

"The Commission is aware of the proposed acquisition by CPTN Holdings," states the message from European Commission Vice President Joaquin Almunia. "On the basis of the ...

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Mark your calendar: “Ten Essential Trademark Tips” teleconference next week from


Attorneys from Erik M. Pelton & Associates, PLLC (“EMP&A;”), will host the first in a new series of trademark law teleconferences on Tuesday, January 25, 2011 ...

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Number one CBS news story on 18 Jan 2011: slip and fall cases! from

The lead story on Katie Couric on 18 January 2011 was on insurance fraud costing customers $30 billion/year. 2010 may be a record year for slip and fall cases. NICB [National Insurance Crime Bureau ...

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Rogers Attracting CRTC Attention Over Bandwidth Throttling from

Stuart Freen is a J.D. candidate at Osgoode Hall Law School. In a strongly-worded letter leaked on Michael Geist’s website, the CRTC has accused Rogers with failing to live up to its net ...

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