Patent & IP news for April 9, 2011

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post image Uncle Sam v False Patent Marking from

PatLit is pleased to host this item from an American IP enthusiast Miclelle Umansky, who is currently enjoying her postgraduate IP studies at Queen Mary, University of London.  Michelle writes:
Uncle Sam v False Patent ...

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post image Under (intraocular) Pressure - Merck v Teva [2011] EWCA Civ 382 from

The IPKat has had his attention directed to the decision in Merck Sharp & Dohme Corp v Teva UK Ltd, [2011] EWCA Civ 382, a ruling of the Court of Appeal for England and Wales (Sir ...

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post image Delhi High Court slams the Trade Mark Registries for losing 44,000 files over the last 5 years from

In a shocking revelation, the Department of Industrial Policy and Promotion (DIPP) has filed an affidavit, before Justice Murlidhar of the Delhi High Court, stating on oath that the Trade Marks Registry has lost a ...

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post image USPTO Will Remain Open If U.S. Government is Shut Down from

Director Kappos Informs Examing Corps of Temporary Funding Today, Director Kappos provided the following announcement to the Examing Corps:            Although the Commerce Department indicated earlier in the week that the USPTO should prepare a plan ...

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Patent Strategies Summit from

International Quality & Productivity Center (IQPC) will be holding its 7th Patent Strategies Summit from April 27-29, 2011 in Palo Alto, CA. The summit will cover the following topics: • Changes in patent strategy brought about by ...

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C5 Freedom to Operate Forum from

C5 (UK) will be holding its 8th International Forum on Freedom to Operate on May 18-19, 2011 in Munich, Germany. The conference will provide insights on FTO challenges and updates, including: • Executing successful and cost-effective ...

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Update on the Patent Examiner Technical Training Program (PETTP) from

One of my top priorities is to ensure that we have a well-trained workforce. Our recently launched Patent Examiner Technical Training Program (PETTP) provides patent examiners with direct access to experts who are willing to ...

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Demise of Leading IP Attorney from

We bring you sad tidings of the demise of Mr K Mugunthan, a very reputed IP attorney from down South.

Mr Mugunthan passed away on the 4th April 2011 and is survived by his wife ...

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Flashback: In re Leonard Kaplan, 789 F.2d 1574 (CAFC 1986) from

From the case In re Leonard Kaplan, 789 F.2d 1574 (CAFC 1986), opinion by Judge Rich:

We reverse the board's double patenting rejection essentially for two reasons: (1) It has confused double patenting ...

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The summary of invention includes:

This is directed to systems and methods for selectively illuminating a secondary display. An electronic device can include a primary display (e.g., a liquid crystal display (LCD) screen) and ...

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End of the line for National Semiconductor from

National Semiconductor was founded in 1959 by 8 people who had departed Sperry Rand, which action produced a patent infringement lawsuit, which lawsuit lowered stock value, which produced a change in leadership at National. Fast ...

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Search trademarks and patents with our Apptorney iPhone app from

Apptorney®: IP is a an iPhone app (works on iPad and iPod Touch too) our firm created last year. It contains links to the main USPTO and international pages for searching trademarks and patents. I ...

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"First to file": castor oil for small entity inventors? from

A comment to IAM on "first to file":

Of your text --Kappos and his team turned to the data --, the US "first to invent" system has impact in areas OTHER than in interferences.

Interferences concern ...

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Abusive Deposition Conduct Warrants $79,000 Discovery Sanction from

Defendant's motion for discovery sanctions due to abusive deposition conduct was granted in part and the court awarded $79,167 in attorneys' fees and expenses. With respect to counsels' hourly rates the court observed ...

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If Government Shuts Down, PTO to Remain Open Through April 18 from

The PTO has issued a press release regarding the possible government shut down at midnight tonight: In the event of a government shutdown on April 9, 2011, the United States Patent and Trademark Office will ...

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Connick v. Thompson: obviousness as "highly predictable" from

The legal issue in Connick v. Thompson:

A municipality may be liable under 42 U.S.C.
§ 1983 for a failure to train employees that shows
deliberate indifference to, and actually injures, the
rights of ...

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Patent Issues for Foreign Products from

A patent permits its owner to exclude others from making, using, selling, offering for sale, or importing the patented invention without his permission.  A patent is, however, unique to the country where it is granted ...

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Judge Alsup gets Java tutorial from

Within a post at computerworld on Oracle v. Google:

But he [Judge Alsup of ND Ca] had to ask several questions to grasp some aspects of Java, including the concept of Java class libraries. "Coming ...

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Coat-tail capitalization? from

A comment to a blog post notes:

I spent years working in university laboratories and often we found solving complex problems economically was only accomplished by what any business savvy person would recognize as secondary ...

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The C64x: will a trademark and nostalgia win in the marketplace? from

One may find the story of the C64 on wikipedia. The company that created the C64 filed for bankruptcy in April 1994. But, of course, the brand lived on, and now there's a product ...

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Forbes blog: the lack of a direct link between patents and innovations is not a surprise from

Within a post about the Google/Nortel business titled Google’s Conundrum: Buy The Patents Or Pay The Lawyers?, one has the text:

At $150,000 per unexamined patent the cost may be negligible. Lawyers ...

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Shopping on the internet can be hazardous from

CBS KYW-3 did a report on April 6, 2011 titled NJ Cracks Down On Contractors which included the text:

Before hiring a home improvement contractor in New Jersey or Pennsylvania, consumers are urged to obtain ...

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No reduced fee for small entities in USPTO "fast track" examination from

Courthouse News on April 6 noted:

Starting May 4, applicants for patents may pay to have their application expedited through the examination process, according to rules adopted by the U.S. Patent and Trademark Office ...

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Unattributed copying by Randi Weingarten of the AFT from

NY1 gives a report on unattributed copying of material of NY1 by Randi Weingarten, head of the American Federation of Teachers.

The report includes the text:

However, as of Wednesday [6 April 2011) night there ...

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False Marking Claim Defeated At Summary Judgment -- Employee Mistakes Do Not Constitute False Marking from

The court granted defendants' motion for summary judgment of no false marking where defendants presented evidence that "[they have] over 1,000 [SKU's], that each SKU generally has its product’s applicable patent number ...

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IV lobbying money to Choate not reported to Senate? from

Further on the Choate/Intellectual Ventures matter, notes:

U.S. Senate records show that Intellectual Ventures spent almost $4 million on lobbyists from 2007 through 2010, with Harter earning $900,000. Choate, who ...

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Study demonstrates that brands add value from

A recent article in The Economist highlights some of the roles brands play in society (HT to @TTABlog for the link). In addition to the power of brands to promote a product or service and ...

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$625 Million Verdict Against Apple Set Aside Because Sale of Accused Computer Software Does Not Establish Direct Infringement of Method Claims from

The court set aside the jury's finding of infringement and $625 million damages award because plaintiff failed to prove infringement of its asserted method claims by the sale of computers containing software capable of ...

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Business News Daily: USPTO ‘Trademark Bully’ Comments Reveal Small Business Headache from

An article this week by Business News Daily ( quotes me about the comments I obtained via a FOIA request regarding the USPTO study of trademark litigation tactics. From the article: Pelton, who ...

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USPTO to Remain Open During Idiotic Government Shutdown from

By: Mark R. Malek I know that the title of the article makes it quite vague where I stand on the issue of a possible government shutdown and, if so, please allow me to clarify ...

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Superconductivity Is Celebrated This Year, Further Work Needed To Tame It from

A hundred years ago, Dutch physicist Heike Kamerlingh Onnes and his student Gilles Holst discovered a property that was to launch decades of fervent research to understand the phenomenon: Superconductivity. Today, researchers are still trying ...

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Speakers at 7th Patent Strategies Summit from

The speakers include:

A. Stephen Zavell, Senior Counsel , IP, Chevron Corporation
Ami Patel Shah, Senior Patent Attorney, Intel Corporation
Andrea Small, Director of IP, Legal, Elan Pharmaceuticals Inc.
Ankur D. Shah, Associate General Counsel - IP ...

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Challenging USPTO Decisions in the Courts from

Last year the Board of Patent Appeals and Interferences decided over 7,000 ex parte cases. In about half of those decisions, the examiner rejections were entirely affirmed. After losing at the Board, an applicant ...

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Update on from

Alan Macek of reports: “ filed its Responding Memorandum of Fact and Law earlier this week (PDF available) in the proceeding on patentable subject matter at the Federal Court of Appeal.”

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