Patent & IP news for March 10, 2011

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post image Consensus, Mostly from

After decades of dickering, 25 of 27 European Union countries voted to have a unitary patent regime. Spain and Italy opposed, because patent applications wouldn't have to be translated into Spanish and Italian, only ...

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post image Patent Reform in the House of Representatives: from

Earlier today, I testified in Congress before the House of Representatives Judiciary Committee's Subcommittee on Intellectual Property, Competition, and the Internet. [Link] The IP subcommittee will have jurisdiction over any patent reform measures introduced ...

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post image LG vs Sony re Blu Ray patents: decision public from

Much has been speculated on the grounds for the "border seizure" obtained by LG against the import of Sony PS3 game consoles into the EU/Netherlands (this Kat has not been innocent, either, and proven ...

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post image Remuneration and recording media: someone has to pay -- but how? from

Thursdays seem popular for delivering Advocate Generals' Opinions on intellectual property matters, and today -- having dealt a firm blow to the prospect of patenting of human stem cells -- Europe's Finest are now advising the ...

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post image Crowdsourcing Series: "Crowdsourcing" as a Buzzword from

This is the second post in our seven-part series titled “The Invaluable Contribution of Crowdsourcing.” Stay tuned to learn about the role of Wikipedia as the Godfather, how search engines, patents and Gaddafi all relate ...

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post image EU Patent: The Smallest Of All Perceivable Solutions Is Coming from

The dice is cast: Yesterday, the Court of Justice of the EU issued a damning verdict to pending plans for creating a new trans-EU Patent Court on the basis of an international agreement. Today, the ...

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post image Senate Passes Bill Favoring Corporations Over Inventors from

Late Tuesday, the United States Senate overwhelmingly passed the America Invents Act (S.23). Among other changes, this bill favors corporations and patent trolls over individual inventors, by enacting a first-to-file patent rule. Right now ...

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post image The Crisis in the Drug Industry: Where Do Patents Fit In? from

The headline from the article that appeared in the 6 March issue of the New York Times had the clarion ring of crisis: "Drug Firms Face Billions in Losses in '11 as Patents End" here ...

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Obama Administration Supports S. 23 from

By Donald Zuhn -- On Tuesday, the Senate passed the America Invents Act (S. 23) by a 95-5 vote (see "Senate Passes S. 23"). While the provisions that made it into the bill were not entirely ...

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Medicines Patent Pool Aims To Increase Access To HIV Drugs In Developing Countries from

The newly created Medicines Patent Pool promises to increase access to HIV/AIDS medications in developing markets. Based in Geneva, Switzerland, the pool operates a scheme in which pharmaceutical patent holders voluntarily licence their drugs ...

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Vaccines Alliance Gets New CEO from

A key Geneva-based public-private initiative to increase global vaccination has named a new CEO. Related Articles:

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Subway now has more stores than McDonald’s – who has better trademarks? from

It was reported this week that Subway now has more locations worldwide than McDonald’s. At the end of last year, Subway had 33,749 restaurants worldwide, compared to McDonald’s 32,737 (Wall Street ...

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World Blind Union Won’t Be Sidetracked From Quest For Treaty On Reading Access from

In a significant development for ongoing copyright negotiations at the World Intellectual Property Organization, the World Blind Union has distanced itself from initiatives it sees as distractions from a primary goal at the international level ...

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Patent Reform Act Of 2011 – Update – Senate Passes Act from

By Scott Nyman During the past few articles, I have been discussing different aspects of the Patent Reform Act of 2011, as part of a series of articles. As a refresher, Senate Bill 23 is ...

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HIPAA privacy violations result in penalties exceeding $4.3 million from

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) recently announced its first-ever civil monetary penalty against a health system for alleged violations of the HIPAA privacy rule.  The penalty ...

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UPDATE: Ocean Tomo/Round Rock Patent “Covenant Auction from

I previously reported that Ocean Tomo is preparing to auction four covenants (not the Scandinavian pop variety) (See Patent Broker Ocean Tomo Auctioning Massive Collection Of Covenants).  This morning, additional information crosses the pond from ...

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1906 Color Photos of San Francisco: good invention; commercial failure from

Color photos of post-1906 quake San Francisco taken by Frederick Eugene Ives have surfaced.

The photos were intended to be viewed through a 3-D device Ives invented but the device never became a commercial success ...

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False Marking Complaint Alleging Due Diligence, Prior Litigation, and Financing Activities Concerning Falsely Marked Products and Patents from

Sufficiently Pleads Intent to Deceive

The court denied defendant's motion to dismiss plaintiff's qui tam false marking action for failure to state a claim, because allegations that defendant previously conducted due diligence activities ...

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Has the Cap Been Blown Off the Coca Cola Secret? from

Dan Whalen is a JD candidate at Osgoode Hall Law School. An American radio program claimed to have discovered “one of the most jealously guarded trade secrets in the world”: the formula for Coca Cola ...

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Brüstling with indignation, but definitely feeling totipotent from

Totipotent eggs don't have it
all their own way ... Today's the day the Kat has been waiting for since 2009, when he first discovered the battle between Brüstle and Greenpeace concerning the legality ...

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"It is axiomatic that a device meriting its own patent does not infringe any other patents." from

Within a discussion of Festo in a law review article titled Foreseeable Trouble: How Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Offends Fundamental Policies of the U.S. Patent System by Making Prosecution History ...

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Supreme Court Will Review Constitutionality of Restoring Expired Copyrights in Foreign Works from

Earlier this week the United States Supreme Court granted the petition for a writ of certiorari filed by lawyers from Stanford Law School’s Fair Use Project (FUP) and Wheeler Trigg O’Donnell LLP and ...

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Dmitry Karshtedt: Samsung-Stanford Symposium on Patent Remedies from

This is a guest post by Dmitry Karshtedt, a 3L at Stanford with a Ph.D. in chemistry. Karshtedt is the Stanford Law Review Senior Symposium Editor, and his legal scholarship is available on SSRN ...

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Newsworthy week in European IP from

What a week for IP in Europe!

Big news 1: Rejection of EEUPC
First the European Court of Justice (ECJ) rejected the proposal to form a new European and European Union Patent Court (EEUPC). It ...

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January trade in intangibles -- and 2010 revisions from

From a trade perspective, 2011 is not starting well. BEA reports that the trade deficit rose sharply in January -- increasing to $46.3 billion from $40.3 billion in December, revised. An increase in the ...

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IEEE Xplore Updated – Electrical and Computing Literature from

There’s a lot to catch up on in the world of patent and prior art searching. Putting aside all the developments in US Patent Reform legislation (which can and probably should be it’s ...

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America Invents Act - First to Invent and a Filing Date Focus from

Earlier this week, the Senate overwhelmingly passed (95–5) the America Invents Act (S.23 or AIA) which represents a major patent reform initiative. Many are saying this is the largest patent reform measure since ...

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Concerning Mastoras v. Hildreth from

Within EXCLUSION AND EXCLUSIVE USE IN PATENT LAW [22 Harv. J. Law & Tec 321 (2009) ] written by Adam Mossoff , one finds

Among the many brief references to blocking patents, n46 Professor [p. 332] Robert Merges ...

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Three Updates from Reexamination Alert from

The following is excerpted from the March 10, 2011 post by Scott Daniels at Westerman Hattori Daniels & Adrian, LLP's ReexaminationTM Alert blog: Callaway v. Acushnet Last May we reported the possibility of a conflict ...

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