Patent & IP news for March 17, 2011

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post image Parliament's ambtitious, yet unfulfilled, IP agenda for the Budget Session, 2011 from

Subsequent to Shamnad’s post on shortened Parliament session and IP Bills I briefly browsed through Parliament to compile a list of legislations and rules, impacting innovation and intellectual property in India, which were scheduled ...

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post image Not Reliable from

Old Reliable Wholesale sued Cornell for infringing 5,069,950, which claims an insulated roof board. The district court found '950 invalid by prior art, which the CAFC affirmed. The district court found that Old ...

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post image BPAI finds needle "configured to drive a suture against tissue without severing the suture" is anticipated by a single scenario where needle doesn't sever from

Takeaway: The Applicant claimed a needle tip "configured to drive a suture against tissue without severing the suture." The Board found that the limitation "excludes only those structures that would sever a suture in every ...

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post image Vancouver takes up the CASE for shared patsearch and exam results from

First they shared the search results, then the examination reports --
then they decided it was time to share the cakes and pies ...
With the United States, Japan and China all preoccupied with other issues, putting ...

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post image You Can’t CIP Your Way Out of the Written Description Requirement from

After filing a series of five continuation-in-part (“CIP”) applications, which added new matter , a patent finally issued containing claims covering Abbott’s antibody.  Centocor then relied on the added material as evidence of written description ...

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Inovia Releases Report on Global Patent Trends from

By Donald Zuhn -- In February, inovia released its 2011 report on global IP trends. In compiling the report, inovia, which produces products for PCT national phase entry, European patent validation, and patent translations, surveyed nearly ...

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Reexamination Result Used in Reversal of Finding of Exceptional Case Attorney Fees from

In Old Reliable Wholesale, Inc. v. Cornell Corp. decided March 16, 2011 (Fed. Cir. Appeal No. 2010-1247), the Federal Circuit reversed the lower court’s finding of an exceptional case based on a positive reexamination ...

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Post-grant Review Provisions of S. 23 from

By Kevin E. Noonan -- The "America Invents Act" (S. 23 or the patent reform bill) passed by the Senate contains revisions to current inter partes reexamination as well as provisions for an entirely new post-grant ...

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The New Espacenet: How to Export Patent Data from

Espacenet, the European Patent Office’s online patent search system, has recently been redesigned and boasts several new features to go along with the makeover. There are many aspects of the new Espacenet to explore ...

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Trademark litigation tactics study and report due to Congress today from

The Congressional bill which created the USPTO study (S. 2968 here) required that “study and report” be provided “to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the ...

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Washington Post's Sari Horwitz suspended for plagiarism from

Sari Horwitz issued an apology for “using another newspaper’s work as if it were my own,” and was suspended by the Washington Post.

The New York Times covered the story in the following way ...

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US 7,890,501 to Facebook from

US 7,890,501 titled Visual tags for search results generated from social network information to Facebook comprises 18 claims of which claims 6-10 are directed to a "system." Independent claim 6 states:

A system ...

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US Court Rulings May End Plague of False Patent Marking Suits from

Companies doing business in the United States have, for the past 15 months, found themselves in the cross-hairs. Bayer, Nike, L’Oreal, Sony, Wal-Mart, Novo Nordisk and hundreds of other firms have been sued for ...

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Google's Android faces a serious Linux copyright issue (potentially bigger than its Java problem) from

Intellectual property issues continue to cloud Google's mobile operating system. More than a dozen patent suits over Android are already underway. In one of them, Oracle additionally claims that Android infringes on large amounts ...

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US PTO looking at innovation measures -- but needs to look at previous work from

Here is an interesting short bit from FastCompany - Patent Director: "Patent Filings Do Not Equal Innovation," U.S. Needs New Measure. According to this short piece: David Kappos, director of the United States Patent and ...

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Kappos: the U. S. is already operating as a “first to file” patent system ? from

Of the text within the post Is the First-to-File Patent Reform Bill right for America?

The first to file (FTF) provision eliminates the current first to invent filing system that goes back to the earliest ...

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Dueling patents: Monster v. CareerBuilder from

PatentExpress has a post comparing patents between Monster [US 5,832,497 ]and CareerBuilder [ US 6,370,510 ].

The first claim of US 6,370,510 (which cites US '497) states:

An employment recruiting method ...

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USPTO Hosts Women’s Entrepreneurship Symposium from

On Friday March 11, 2011, I attended the Women’s Entrepreneurship Symposium in honor of Women’s History Month at the United States Patent and Trademark Office. The program was co-sponsored by the US Women ...

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Attorney fee award under 285 reversed in Old Reliable case from

An admission in deposition that products do the same thing is NOT an admission of anticipation.

The CAFC noted:

“Anticipation requires that all of the claim elements and their limitations are shown in a single ...

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Patent Reform Act Of 2011 – Part 4 – Third Party Challenges 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, the Senate recently voted ...

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They Invented What? (No. 198) from

U.S. Pat. No. 7,178,930:  Illuminating necklace. JW Note:  Wishing you a Safe and Happy Saint Patrick’s Day 2011. The invention claimed is: 1. An illuminated necklace, comprising:           a plurality of ornamental ...

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Crowdsourcing Series: Crowd Creation and Wisdom from

This is the fourth 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, and how search engines, patents and ...

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The Papoi/FOIA matter from noted:

"Denying or interfering with employees' rights to furnish information to Congress is against the law," Issa [R-Ca] wrote in a five-page letter obtained by The Associated Press. "Federal officials who retaliate against ...

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Missing Appointment of Agent Proves Fatal To Patent Application from

Matt Lonsdale is a JD candidate at Dalhousie University. The Federal Court of Appeal has upheld a decision of the Commissioner of Patents to refuse to accept maintenance fees and reinstate an application because the ...

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Tech Industry Blasts Obama Administration, Says Legitimate Anti-Counterfeiting Efforts Being ‘Hijacked’ from

Legitimate efforts in the United States to address counterfeiting problems have been “hijacked” to benefit rights holders who should protect their own interests and change their business models, the Computer & Communications Industry Association has said ...

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LG Ups the Ante in Standoff with Sony from

Dan Whalen is a JD candidate at Osgoode Hall Law School. Electronics giant LG obtained a preliminary injunction from the Civil Court of Justice in the Hague barring the import of Sony’s PlayStation 3 ...

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Top 5 Patent Search System Annoyances: Gear Grinder #4 from

Introductory Note: Welcome back to “Gear Grinder with Danny Rooney.” We aim to bring this series to you on the first and third Thursdays of the month. Here are our previous three installments. This post ...

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IV Patent Reform Lobbying Lawsuit – Headaches For Its Enforcement Efforts? from

Since posting yesterday about Pat Choate‘s lawsuit against Intellectual Ventures, I’ve been hit with a number of calls and emails with questions, the answers to which are largely, “I don’t know.” Very ...

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China's Guidebook for Pharmaceutical Patent Protection from

The following is excerpted from the description for the above-titled book that was released in February 2011 by Piribo Limited's Pharmaceutical Market Research: China is expected to become the fifth largest drug market in ...

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Federal Circuit deals blow to false patent marking suits from

Companies who sell patented products frequently mark the product with the patent number.  Patent marking provides several benefits, such as triggering an ability to accrue damages for patent infringement even if the infringer did not ...

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Additional Opportunities for Pre- and Post-grant Review, and Brand New Patent Trial and Appeal Board in S. 23 from

By Kevin E. Noonan -- S. 23 (the "America Invents Act" or, colloquially the patent reform bill) contains additional provisions for the U.S. Patent Office to obtain information related to patentability, both pre- and post-grant ...

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