Patent & IP news for April 19, 2011

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post image Hazare Hunger and Policy Making from

The Hazare anti corruption hunger strike captured the imagination of the nation for the last few weeks.

As many of you know, corruption is an issue that is of immense interest to SpicyIP, which has ...

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post image Jay Z's Trademark Battle with Volcom from

Apparently, Orange County-based surf/skate company Volcom finds Jay Z’s Roc Nation label’s logo a little too close for comfort. The clothing designer recently filed a trademark infringement suit (Volcom Inc. (VLCM), v ...

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Apple sues Samsung over Android-based devices -- Samsung virtually certain to retaliate from

Apple is waging an all-out patent war on anything Android. After suing HTC about a year ago and Motorola last fall, Apple has now pointed its legal guns at Samsung. On Friday (April 15, 2011 ...

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Panel Discussion on AMP v. USPTO from

The Intellectual Property Law Association of Chicago (IPLAC) Biotech Committee and the John Marshall Law School Center for Intellectual Property Law will offer a panel discussion entitled: "Gene Patents . . . Statutory Subject Matter?" on April 28 ...

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Interview with Owner of Lambert & Lambert from

Inventors often come to my office looking for help to not only protect their intellectual property by filing a patent application, but to get help to sell their idea to a big company.

I often ...

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More Reaction to H.R. 1249 from

By Donald Zuhn -- Last week, the House Judiciary Committee, following in the footsteps of its Senate counterpart, reported a patent reform bill -- in this case H.R. 1249 -- out of committee and to the floor ...

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Supreme Court Ponders Burden Of Proof in Microsoft v. i4i from

On April 18, 2011, the U.S. Supreme Court heard oral arguments in Microsoft Corp. v. i4i Limited Partnership. Microsoft wants the Court to reconsider the "clear and convincing evidence" standard usually required to invalidate ...

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The secret energy turbine invention from

Rupert Sweet-Escott of Bideford, Devon has won the Ideal Inventor of the Year 2011 competition, as announced on the Ideal Home Show site. It is for an energy-generating turbine concealed within a...

(From Steve van ...

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Book Explores Intersection Of Policymaking In IP, Biodiversity from

A new book published by GTZ, the German federal agency for international development, looks at the synergies between intellectual property rights and biodiversity, gathering analysis from Latin America, southern Africa and Asia experts. Related Articles ...

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House Passes Manager’s Amendment to H.R. 1249; Omits Damages from

On April 15, the House Judiciary Committee approved an amended version of the America Invents Act, designated H.R. 1249.  You may recall from previous posts that the House’s version of the patent reform ...

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"You're contradicting Cardozo?" from

Online wsj said this of oral arguments in the i4i/Microsoft case:

But Mr. Hungar's argument ran smack into a 1934 precedent from one of the court's most revered justices, Benjamin Cardozo, who ...

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All Things Pros from

BPAI affirms obviousness of high level combination claim even when references don't explain how to combine wired and wireless technologies

Takeaway: In Ex parte Fuimori, BPAI affirmed an obviousness rejection of a claim to ...

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Written Description and Antibody Claims; Centocor Ortho Biotech, Inc. v. Abbot Laboratories from

In the recent Centocor v. Abbot case, the Federal Circuit reversed the district court’s denial of judgment as a matter of law (JMOL) on invalidity, noninfringement and damages, and held the claims at issue ...

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Lessig At CERN: Scientific Knowledge Should Not Be Reserved For Academic Elite from

Free culture leader and Harvard University law professor Larry Lessig was at the European Organization for Nuclear Research (CERN) yesterday to talk about access to scientific knowledge on internet. In the symbolic place where the ...

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The Nonobviousness Doctrine As An Innovation Tax from

As the great patent reform debate rages, all participants basically agree that the patent office moves too slowly, is underfunded, and reform is needed.  That’s pretty much where the agreement ends.  Supporters of current ...

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Article One 2011 Update - Patent Research Progress from

By the end of 2010, Article One celebrated 2 full years as an online patent research community with our “Year-In-Review” blog post.  Since then, we have continued to grow in every direction.  Over the past ...

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Marking Article Made Using Patented Method With Method Patent's Number Does Not Constitute False Marking from

Defendant's motion to dismiss plaintiff's qui tam false marking case for failure to state a claim was granted. "[M]arking an article made via a patented method with the patent number of the ...

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The Impact of the CAFC’s Joint Infringement Conundrum on Protecting Interactive Technologies from

The conundrum created by the Federal Circuit’s joint infringement doctrine and its impact on protecting interactive computer-based technologies got worse last week with McKesson Technologies, Inc. v. Epic Systems Corp. McKesson Technologies involved a ...

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In re Yasuhito Tanaka - Addition of Narrower Claims is Appropriate Basis for Reissue from

By Jason Rantanen In Re Yasuhito Tanaka (Fed. Cir. 2011) Download 10-1262 Panel: Bryson, Linn (author), Dyk (dissent) Patent No. 6,093,991 issued to Yasuhito Tanaka in 2000. Two years later, Tanaka filed a ...

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Free PDF Search Tools: How do they stack up? from

Patent databases are the main tool in a patent searcher‘s arsenal for locating relevant prior art, but useful prior art can also be found in many types of of non-patent literature (NPL).  NPL can ...

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How Much Does the "Clear and Convincing" Standard Matter? Study Suggests "Not Much" from

In the case of Microsoft v. i4i, some of Microsoft’s amici contended that the clear and convincing evidentiary standard has a “compelling effect on jurors” and that it is “tremendously difficult to persuade a ...

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Back To The Future With Patents from

By Daniel Davidson It has been a trend of Tactical IP’s to post some interesting patents for our readers to view.  I thought, heck, why not, lets bring them back to the hot pants ...

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European Commission Deepens Commitment To Net Neutrality from

With new European Union rules on telecommunications set to take effect next month, the European Commission today adopted a report which it said further commits it to principles of openness and neutrality on the internet ...

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Judge Davis EDTX vacates $625M verdict against Apple from

On April 4, 2011, Judge Davis of the EDTX issued a 44-page JMOL opinion in Mirror Worlds, LLC v. Apple, Inc., Case NO. 6:08 CV 88, in which Judge Davis wiped-out a $625M verdict ...

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Reviewing the ACLU and Myriad Oral Arguments at the CAFC from

The ACLU lead plaintiffs have a real predicament relative to standing. It does not sound as if the Federal Circuit believed any single plaintiff could satisfy both prongs required to bring a Declaratory Judgment Action ...

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It’s All Green IP All the Time at the IP Congress for Green Energy Technology from

I will be speaking at the Intellectual Property Congress for Green Energy Technologies (Green IP Congress) in San Francisco next week as part of a panel on green patent fast track programs. The panel is ...

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LISTSERV E-mail Gets No Copyright from

Leslie Chong is a JD candidate at Osgoode Hall Law School. In the recent Stern v. Does decision, a Californian court held that a short (23-word) email message sent through the LISTERV system did not ...

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Are biotech patents enabled? from

Stanford 3L Dmitry Karshtedt, who has guest posted on this blog, has a new post on Stanford's Law and Biosciences Blog about biologics, which are complicated drugs like erythropoietin that are typically made using ...

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NVCA Reports Modest Gains in First Quarter Venture Funding from

By Donald Zuhn -- Last week, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the first quarter ...

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