Patent & IP news for March 15, 2011

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post image PCC Page 20: Back to being Cautious, and not letting the experts loose from

Is the writing on the wall
for experts in IP trials?
The PatLit PCC Series, elegantly drafted by the Chartered Institute of Patent Attorneys (CIPA), seeks to explain how litigation works in the recently-revamped Patents ...

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post image Licensing Execs to Feature Green IP from

I’ll be speaking at the Licensing Executives Society Silicon Valley Chapter meeting next week as part of a panel on green IP. Entitled “People Driving Cleantech:  IP Trends in the Renewable Energy Generation, Storage ...

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post image Taking the PS3s ... from

Following the seizure, Sony was forced to disguise
its PlayStations as Dutch cheeses to avoid suspicions
Only a few days ago the IPKat was able to clear the fog of confusion relating to the action ...

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post image Usurpation from

The CAFC refused to correct its intrusion into state contract law, spurning an en banc rehearing petition of Abraxis Bioscience v. Navinta. Judge Newman, who dissented in the panel decision, did so again, joined by ...

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post image Rapid Response seminar: book now! from

In conjunction with MARQUES, the European trade mark association, the IPKat's friends on the MARQUES Class 46 weblog are holding a Rapid Response seminar "Future Plans: next steps for trade marks in Europe", which ...

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post image Crowdsourcing Series: The Increasing Blur Between Expert and Amateur from

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

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post image False Marking Settlement Updates from

Over 1,000 false marking lawsuits have been filed in the past two years. The flash of opportunism was triggered by recent court rulings that the statutory-authorized $500 fine per offence could be calculated on ...

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post image Bayh-ing for blood? from

Leland Stanford Jr Who owns an invention? Or should the question be who owns an inventor?  Via Stephen Brett (Anderson & Co.) comes latest news of a case which the AmeriKat spotted and wrote up on ...

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post image Germany not too far from Spain to cause prejudice, rules court from

In bygone times, when Court of First Instance (now General Court) rulings on Community trade mark matters were not as plentiful as strawberries at Wimbledon, the IPKat used to report a good many of them ...

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What Are the Provisions of the Proposed "First-Inventor-to-File" System in S. 23? from

By Kevin E. Noonan -- The Senate passed S. 23 last week, which will make several significant changes in U.S. patent law if its provisions survive deliberations in the House (which is preparing its own ...

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US 7,905,930 to Genifuel : sugar to heterotrophs to oil from

Note the first claim of US 7,905,930 issued to Genifuel on March 15, 2011:

A process for production of biofuels from algae, comprising: a) cultivating an oil-producing algae by promoting sequential photoautotrophic and ...

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TechDirt suggests Alex Kozinski is a closet luddite from

Tecdirt on Judge Alex Kozinski:

However, he soon drifted into a bit of an anti-230 discussion himself -- which is a bit worrying, considering that he's a judge ruling on cases involving Section 230. It ...

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IP & legal professions on demand, an emerging trend from

It is a common belief that lawyers are in a secure profession, because they can profit from bad times as well as good. When times are good, lawyers profit from lucrative deals and investments.  When ...

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WINNING, TIGER BLOOD, and other trademark filings inspired by Charlie Sheen from

Unless you have been under a rock, you know that Charlie Sheen’s recent erratic behavior has received a lot of media attention recently. Soon he will be cashing in – last week Sheen signed a ...

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Headless Commerce to continue? from

Apropos my earlier posting, it looks like the Commece Department might stay headless for some time -- from the Wall Street Journal this morning: GOP Senators Threaten to Block Nominees Amid Stalled Trade Deals. Congressional Republicans ...

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UN Agencies Encourage Use Of Measures To Lower HIV Medicines Costs from

Three United Nations agencies have joined together to explain to their member countries the little-understood but hard-won flexibilities to applying stiff international intellectual property rules. The focus of the new policy brief is on improving ...

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"Downstream Sales Information" Not Relevant to Reasonable Royalty or Lost Profits from

Where plaintiff accused manufacturers of flame retardant fabric and customers who incorporated the fabric into garments of infringing, the court denied plaintiffs’ motion to compel the production of "data regarding the customers’ sales figures, costs ...

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Finding A Patent Attorney Takes Time, But How Much Will You Have? from

From an interview with a Dallas-based attorney: “If somebody comes to you with an invention they’re excited about, if you care about your craft, you’re going to be excited about it,” Munck said ...

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U.S. Patent and Trademark Office Issues Supplementary Examination Guidelines on “Definiteness” and Related Issues from

The U.S. Patent and Trademark Office recently released a notice entitled “Supplementary Guidelines for Determining Compliance with 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications.” The guidelines have ...

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Cordance asserts one-click checkout patent against Apple, PayPal and Victoria's Secret from

In the age of e-commerce and software patents, even a company like Victoria's Secret has the pleasure of defending itself in more than one patent dispute at the same time. A couple of weeks ...

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False Marking from

The Federal Circuit giveth, the Federal Circuit taketh away. After creating a cottage industry of qui tam suits claiming false marking a little over a year ago, the Federal Circuit has tried to stop the ...

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WHO Opens Expert R&D Financing Group To Public Scrutiny from

The 5-7 April meeting of the Consultative Expert Working Group on research and development: financing and coordination (CEWG) will partly be open to the public to enhance transparency, the World Health Organization said today. The ...

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Cooper notes adverse impact of S.23 (patent reform) on small business from

Carl Cooper notes:

The patent reform bill is promoted by misleading arguments that the U.S. Patent Office is too slow and issues patents of questionable quality. In reality, the Patent Office is funded by ...

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Outsourcing law jobs: a vast pool of unemployed highly skilled lawyers available? from

Within a post titled IP & legal professions on demand, an emerging trend, one finds the text:

Now that there is a vast pool of unemployed highly skilled lawyers available, US law firms have also been ...

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Federal Circuit Holds Rule 9(b) Applies to False Marking Cases from

In re BP Lubricants USA Inc. (Fed. Cir. Mar. 15, 2011)

Today, the Federal Circuit held that the particularity requirement of Fed. R. Civ. P. 9(b) applies to false marking cases.  In its decision ...

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Abraxis case: looking back to DDB, forward to Stanford/Roche? from

In Abraxis v. Navinta, en banc review was not granted.
Within the dissenting opinion, there is reference to the DDB
case, and to Stanford/Roche:

Admittedly, our panel decision in DDB Technologies
established a limited ...

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Guest Post: One EU Patent, 27 Courts from

Guest post by Gwilym Roberts of the UK firm Kilburn & Strode In a flurry of decisions last week the EU confirmed the viability of a unitary EU patent but rejected any tenable form of a ...

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CAFC rules for BP Lubricants USA in False Marking case from

The punchline:

The defendant’s motion,
based on this court’s Fed. R. Civ. P. 9(b) standard in
Exergen Corp. v. Wal-Mart Stores, Inc., 575 F.3d 1312,
1327 (Fed. Cir. 2009), urged that ...

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US Government Seeks to Tighten IP Rights Protection from

Dan Whalen is a JD candidate at Osgoode Hall Law School. In an effort to curtail intellectual property infringement, the Obama administration released the first Annual Report on Intellectual Property Enforcement. The administration announced that ...

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Centocor v. Abbott: The Federal Circuit Struggles to Articulate a Coherent Standard for Compliance with the Lilly Written Description Requirement from

I have repeatedly pointed out (on my blog, in a law review article, and in an amicus brief filed in Ariad v. Eli Lilly), that the Lilly Written Description Requirement (LWD) lacks any coherent doctrinal ...

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White House Issues IP Legislation Proposals from

The Obama administration today issued a series of recommended legislative changes to further beef up domestic intellectual property rights protection, including boosting criminal punishment of pharmaceutical counterfeiters and those engaged in "economic espionage," increasing wiretapping ...

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Patent Information Updates to Intellogist from

There have been a lot of changes to Intellogist lately (with more to come), reflecting the ever-changing nature of patent information and search systems. After the jump, you’ll find samples of these updates, including ...

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Intellectual Property Protection in China is NOT an Oxymoron from

Believe it or not, Patents are enforceable in China. Trademarks are enforceable in China. Copyrights are enforceable in China. The devil is in the details. Certainly if you are trying to enforce your patent against ...

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Would US Senate Patent Reform Bill Harmonise US Law With The World? from

The bill to reform United States patent law recently passed by the Senate purports to bring US law closer to laws of other major patent-filing nations. But how close would it come? Related Articles:

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Supreme Court Denies Cert in Reverse Payments Case from

The following is excerpted from a March 8, 2011 post at Antitrust Today: Patent holders seeking to settle patent infringement cases are breathing a little easier today as a result of yesterday’s decision by ...

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Fed. Cir. Takes Flase Marking Down Another Peg, Holds Claims Must Be Pled "With Particularity" from

In re BP Lubricants UA Inc., Misc. Docket No. 960 (Fed. Cir., March 15, 2011)

BP's CASTROL motor oil products are distributed in a unique bottle design for which BP received a design patent ...

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The five who voted against S.23 from

from the Maryland IP blog :

(the 5 Nay votes came from Boxer (D-CA), Crapo (R-ID), Risch (R-ID), Ensign (R-NV), and Cantwell (D-WA)).

Hmmm, were bloggers responsible for convincing the two Idaho senators?

One gets a ...

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Federal Circuit Grants Writ of Mandamus in False Marking Case from

Seeking a writ of mandamus seems as if it is becoming a more popular avenue to pursue than it once might have been. A writ of mandamus essentially seeks an order from a higher court ...

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Innovation Is Either Bought Or Stolen from

The patent system is under attack on several fronts, whether from large corporations lobbying to overturn 250 years of precedent, collectivists seeking to impose their IP values on us all, or members of the media ...

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