Patent & IP news for May 10, 2011

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post image Underdog from

Gary Odom, aka Patent Hawk, inventor/prosecutor/reluctant pro se litigator, sued Microsoft for patent infringement. What a total debacle. Everything that could go wrong did, from choice of counsel on out. In the finale ...

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post image You can't copy press unless you're with Copiepresse ... from

Google: making the news
as well as facilitating
access to it
The news broke yesterday that internet search leviathan Google Inc lost its appeal against Belgian ruling that blocked it from publishing links to local ...

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post image Indioa's yoga database and patent piracy from

From the IPKat's friend Carlos Conde comes this link to a Times of India piece, "India videographs 200 yoga postures to prevent patent piracy", which states, in relevant part:
"India has made available a ...

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post image PCC Page 26: Offering a tentacle of good will from

Following a short break for the Easter holiday, the PatLit PCC Series is back in full swing.  Delicately directed by by the Chartered Institute of Patent Attorneys (CIPA), this series seeks to explain how litigation ...

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post image Mosley goes down in Strasbourg: no pre-notification requirement in privacy cases from

This Kat has spent the morning reading today's decision in the Fourth Chamber of the European Court of Human rights in Mosley v United Kingdom.
For those unfamiliar with this case, the former ...

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Federal Trade Commission Issues Report on Reverse Settlement Agreements in FY2010 from

By Kevin E. Noonan -- Under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, settlements between innovator drug companies and generic competitors must be filed with the Federal Trade Commission (FTC). On May 3rd ...

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You can arbitrate disputes under an IP licence agreement from

Hamerschlag J, in the New South Wales Supreme Court, has ruled that disputes between a licensor and licensee under a technology licence agreement fall within the arbitration clause in the agreement and, consequently, the arbitrator ...

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Lipitor going off-patent in Nov. 2011 from

The Chicago Tribune notes that generic Lipitor will cost around $4 per month supply. The paper also observed:

Even for a person with health insurance, Lipitor can cost $25 to $40 — or more — each month ...

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Developing Countries Need Help To Get Research Results Patented, IP Proponent Says from

Developing countries are not taking advantage of discoveries made by their scientists and researchers because they lack an appropriate intellectual property infrastructure and expertise, according to a long-time United States proponent of IP rights speaking ...

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ACTA Still Open To Interpretation, Legal Experts Say; Transparency Fight Ongoing from

The Anti-Counterfeiting Trade Agreement (ACTA) is open for interpretation, perhaps too much so, legal experts on both sites of the Atlantic are warning. Related Articles:

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Bioprinting from

Over the years, I've posted a number of pieces on how manufacturing is changing, including the rise of what is called 3D printing. 3D printing had been used for rapid prototyping but is now ...

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Colchicine patent wars? from

There is current litigation in District of New Jersey over US 7,601,758 , titled Methods for concomitant administration of colchicine and macrolide antibiotics in the treatment of gout flares , with first claim

A method ...

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Marking U.S. Products With Foreign Patent Application Numbers May Support False Marking Liability from

The court denied defendant's motion for judgment on the pleadings as to plaintiff's false marking claim where defendant's product was marked with a Chinese patent application number that resulted in a differently ...

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Claiming Variations Limited to the Written Description from

Once a patent application is filed, it receives a priority date for all that it discloses and nothing more. The inventor can claim anything within the disclosure as being a part his or her invention ...

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Two Methods of Crowdsourcing from

Enlisting the masses to fulfill a need by way of reward is a timeless problem-solving technique that we’ve seen used over and over again throughout history.  A perfect example of how this technique has ...

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Thorny Issues Remain In EU-India Trade Talks from

According to European Trade Commissioner Karel de Gucht, there are still thorny issues on the table in the ongoing EU-India free trade agreement talks, including intellectual property issues. Related Articles:

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Same-day suits in different courts: some answers from

Having posted some interesting questions yesterday about the commencement in the Patents County Court (PCC) and the Patents Court (PC) on the same day of proceedings brought between the same parties, PatLit has received some ...

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Google Loses Newspaper Copyright Case in Belgium from

By Andrew Goldberg Google is prohibited from publishing snippets of, or even linking to, articles and photos from Belgian newspaper websites, a Belgian appeals court ruled this week. The decision, which upholds a lower court ...

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Free Patent Search Sites: US Patents and Applications from

Patent searchers have a lot of options when they choose which  search tools to use for searching US patents: subscription databases, search systems by official patent authorities like the USPTO, and even free search systems ...

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Samsung Bites into Apple as Mobile Communications Patent Wars Continue from

Dan Whalen is a JD candidate at Osgoode Hall Law School. In a blitz of lawsuits, Samsung Electronics has gone from defendant to plaintiff as it counter-sued Apple over alleged infringement of its mobile communications ...

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Mediation as a Profession from

In October 2010, Eric van Ginkel of the IP ADR blog sat down with Bruce Patton, co-author of the books "Difficult Conversations" and "Getting to Yes" (Distinguished Fellow of the Harvard Negotiation Project and Partner ...

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Galileo Invention Theft Worse Than Murder from

According to Stephen Hawkins: As a cosmologist, you may be interested to know that my illustrious predecessor Galileo Galilei had his design for a compass stolen, by his one time protege Baldassar Capra.  I know ...

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If Only England Could Have Patented The Fish And Chips – U.S. And U.K. On Same Page from

By Daniel Davidson No, the English did not suggest to put another shrimp on the Barbie, nor were they ever able to find out who was behind the slayings in the Whitechapel district of London ...

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Trade Secrets and Published Patent Applications from

Tewari De-Ox Systems v. Mountain States (5th Cir. 2011) (File Attachment: Tewari.pdf (53 KB)) In 2005, Tewari's CEO (Dr. Tewari) visited Mountain Systems (MTSR) to demonstrate his “zero ppm oxygen meat-packing method” that ...

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Pakistani Programmer is in the Spotlight after Tweeted Reporting Stint from

Nora Sleeth is a JD Candidate at Osgoode Hall Law School. A Pakistani citizen who Tweeted about the bin Laden raid without understanding its significance discovered that social media sites create opportunities for instant publicity ...

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FTC Posts Friendly Reminder to Please Send Them Your ANDA Litigation Settlement Agreements from

In a press release today, the Federal Trade Commission announced that it "has notified Sanofi-Aventis U.S. LLC, Watson Pharmaceuticals, Inc., and Synthon Holding B.V., that it believes the companies violated federal law by ...

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Women@Play: Reconfiguring the Masculinized Culture and Spaces of Digital Gameplay from

Jennifer Jenson & Suzanne de Castell Previously viewed as a hobby only pursued by, and suitable for, teenaged boys, video games are exploding in presence and popularity with the constant release of new genres (mobile, social ...

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Concerning the en banc decision in Tivo v. Echostar from

The punchline in Tivo v. Echostar (May 10, 2011):

However, consistent with our sister circuits, we conclude that
we should not dismiss the appeal after it has been de-


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BPAI anticipation multiple embodiments from

BPAI reverses anticipation based on multiple distinct embodiments

Takeaway: The BPAI reversed an anticipation rejection when the Examiner relied on multiple distinct embodiments within the single reference. "Thus, it is not enough [in an anticipation ...

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