Patent & IP news for January 19, 2011

Patent Litigations



Patent & IP Blogs

post image Wednesday whimsies from

Please spare a thought for the family and friends of Johan Nortje, a senior South African customs investigator who, having enjoyed considerable success in the fight against the tidal wave of counterfeits, has been murdered ...

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post image Faster Than the Speed of Law from

In 1909, the Charles Dickens book Oliver Twist was first adapted to the silver screen as a silent film.  The film was distributed in 35 mm format, and it was most likely shown via Edison ...

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post image Obama: Make Regulation Efficient from

President Obama in a Wall Street Journal op-ed piece said that he has directed federal agencies to eliminate job killing regulations.  According to Obama the Executive order requires “a government-wide review of the rules already ...

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post image Change Needed to USPTO Power of Attorney Form from

Said shortly, bluntly and as diplomatically as possible, the Patent Office needs to immediately revise its Power of Attorney form.

I bet most patent attorneys and patent agents have never thought about it, but if ...

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post image Why It’s Time to Change Your Patent Search System from

Chains of habit are too light to be felt until they are too heavy to be broken. Warren Buffet

Is your chosen patent search system meeting your needs? Could it be that it’s not ...

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post image Intervening Rights as an Equitable Defense from

Delay in Patent Reissue Undermines Equitable Defense

35 U.S.C. 252 presents two flavors of intervening rights in the reexamination/reissue context: absolute intervening rights, and equitable intervening rights. The more common of the ...

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post image Are Your Photos Telling Cyberstalkers Where You Are? from

Modern smart phones are all equipped with a Global Positioning System (GPS) function. Many cameras and smartphones use this GPS function to encode your photos with what are called geotags. Geotags are little bits of ...

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post image A Poor Man's Tale of a Patent from

John Smith's book got me thinking about the Charles Dickens 1850 essay titled “A Poor Man's Tale of a Patent.”  The essay — much like Smith's book — derides difficulty of obtaining a patent ...

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Rep. Latta Reintroduces False Marking Bill in the House from

By Donald Zuhn -- Last fall, Rep. Robert Latta (R-OH) (at right) introduced legislation in the House (H.R. 6352) that would have amended 35 U.S.C. § 292 to modify the penalty for false marking ...

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Patent Office continue refusing pharmaceutical formulations under S.3 (d) and (e) from

The Delhi Patent Office lately refused the Application Number 4015/DELNP/2006 filed by Warner Lambert claiming topical formulation of Pfizer’s potential potassium channel opener UK-157147 for the treatment of alopecia, which got discontinued ...

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Henry C. Bunsow to Dewey & LeBoeuf from

blogs.wsj noted on 18 Jan 11:

Noted intellectual-property lawyer Henry Bunsow is leaving Howrey for Dewey & LeBoeuf, according to a release by Dewey. Joining him are partners Denise De Mory and Brian Smith. Click ...

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Data slurping from iPads from

Bloomberg reports on an iPad slurping incident:

Investigators accused Daniel Spitler and Andrew Auernheimer of using an "account slurper" to conduct a "brute force" attack over five days last June, to extract data about iPad ...

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2011: Renewed Fights Over Internet Control In A Post-Wikileaks World from

For many experts in internet governance the future of the multi-stakeholder model is the top issue in 2011. The participation of governments, technical experts, industry and civil society in discussions about how best to organise ...

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USPTO Trademark Electronic Search System Was Not Producing Accurate Results from

By: Mark R. Malek I have to thank my good friend, Attorney Heather Vargas, for sending me this update.  According to an email blast that went out from the USPTO’s email news service yesterday ...

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Patent Connections – Using Patents To Open Innovation And Open Minds from

Another Wednesday, another Patent Connections column. This week I gave my take on “Open Innovation,” a strategy that has been gaining a lot of attention the past few years. While there are a number of ...

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Playing host and learning from our guests from

This week's state visit by Chinese President Hu Jintao brings with it a lot of baggage -- and not just suitcase and trunk kind. Issues of trade, technology, economics and currency, human rights, military competition ...

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Article One Researcher Edmund Perozzi wins $100 from

Edmund Perozzi (spumoni) was recently rewarded $100 along with 5 other AOP Researchers for his selection as a Most Valuable Researcher (MVR) for Study Dev 138 relating to Storage Access Control. Edmund’s primary interest ...

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Pequignot Does Not Address Pleading Requirements for False Marking Intent to Deceive from

In denying defendant's motion to dismiss plaintiff's qui tam false marking action, the court rejected both parties reliance on Pequignot as applicable to the pleading standard for false marking claims. "[B]oth [plaintiff ...

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They Invented What? (No. 192) from

U.S. Pat. Appl. Pub. No. 2009/0093777:  Aswipe.

 JW Note:  Many thanks to Jeff V. for bringing this application to our attention.  Here, the title truly is “as short and specific as possible”, as ...

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Hatch-Waxman at the Supreme Court: Supporting Cert. in Cipro from

One of the most debated issues in patent and antitrust law today involves pharmaceutical patent settlements.  Brand-name drug manufacturers pay generic firms to settle patent litigation and delay entering the market.  How should the antitrust ...

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Google is patently too weak to protect Android from

About a week ago, IFI CLAIMS Patent Services published its new ranking of the 50 companies awarded the most US patents in 2010. Microsoft is still the number three patentee with 3,094 new patents ...

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NPEs receive triple patent damages, PWC study shows from

Damages awards for NPEs (non-practicing patent owning entities) are on average triple those of practicing entities, according to the 2010 Patent Litigation Study from PwC, recently made available. For some reason the report does not ...

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WHO Members Show Dismay At Delay On Counterfeit Medicines Group from

World Health Organization members today raised strong concerns that a working group they mandated last May to address problems with WHO policy on counterfeit and substandard medicines has yet to be formed - with four months ...

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Playing host -- part 2 from

Apropos my earlier posting on learning from China, here is Steven Pearlstein's take on the situation:

The right response to these challenges would be for the president this week to laud China for the ...

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How To File Color Drawings Electronically Via EFS-Web from

Generally, when drawings for utility patent applications are required, they must be black and white line drawings.  Color drawings are permitted when they are the only practical medium to disclose a claimed invention and even ...

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If at First You Don't Succeed . . . HR 243 (Re)Introduced In House to Curb False Marking Claims from

Earlier this month (Jan. 7), Rep. Robert Latta (R-OH) introduced HR 243 in an attempt to stem the tide of false marking litigation in the U.S.  The legisltation is intended to revert Section 292 ...

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IBM's published US patent application 20100332285 from

The first claim of this case (12/490595 ) states:

A computerized system for an intellectual property (IP) framework,

including:a strategic planning computer module for formulating business strategies for creating and managing inventions and IP ...

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"Gesture recognition" to break out from

An article in EE Times titled 3-D gesture control breaks out of the game box begins

This could be the year 3-D gesture recognition proves it’s not just child’s play. Several years after ...

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China Patent Grants up 40%, Filings Up 25% in 2010 from

Not long after the announcement came out that the USPTO granted a record number of patents in 2010, China's SIPO officially announced today that the number of patents granted in China in 2010 was ...

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2011 US IP Trends Survey Now Open from

inovia’s 2011 US IP Trends survey is now open for US Patent Owners.  If you’d like to take the survey on behalf of your company or university, please visit ...

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California Attorney General Leads Battle Against Bayer, 'Reverse Payments' from

The following is excerpted from a January 17, 2011articleby Ron Leuty published by the San Francisco Business Times:

As Bayer HealthCare sets up an important research center into San Francisco, the city’s ...

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IBM Awarded the Most U.S. Patents in 2010 from

The United States Patent and Trademark Office (USPTO) granted an all-time high 219,614 United States utility patents in 2010 – up 31 percent over 2009. All but one of the companies in the Top 50 ...

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“Has the Temple of Justice been Defiled?” from

One of the issues that came up in the oral argument of the recently decided case of iLOR v. Google, 2010-1117 (Fed. Cir. Jan. 11, 2011) was whether the district court was in error in ...

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