Patent & IP news for September 13, 2011

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Patent & IP Blogs

post image Good news for record companies, bad luck for dancers from

The IPKat reported last week on renewed moves to extend the term of copyright in performances and sound recordings in the EU. Well, they didn't hang around once they had decided to consider this ...

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post image Update: US Customs will work to protect your trademark from

I wrote on this blog more than 18 moths ago about an under utilized benefit of U.S. trademark registration. Owners of federal trademark registrations for goods can file to record their trademark with U ...

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post image Book Review Monday: DON’T File A Patent! from

Author and inventor John D. Smith doesn’t want you to file a patent application.  Smith, author of the book “Don’t File a Patent!” book (232 pp.) writes: “The patent process is is an ...

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post image Debate Continues Concerning Importing Limitations From Specification Into Claims from

Retractable Techs., Inc. v. Becton, Dickinson and Co. (Fed. Cir. July 8, 2011)

In this case, the patent at issue related to retractable syringes, which are medical syringes that feature a needle that retracts into ...

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Senators Support Inclusion of 12-Year Exclusivity Period in Free Trade Agreement from

By Donald Zuhn -- With the eighth round of negotiations of the Trans-Pacific Partnership (TPP) agreement currently underway in Chicago, a number of Senators have written to the U.S. Trade Representative, Ambassador Ron Kirk, to ...

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The Patent Blog, live from

The British Library is hosting a free evening event on the 4 October called "The Patent Blog - Live". I relish the opportunity to meet any of my readers who would like to come along, and ...

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The New Derivation Proceedings Deadlines--More Traps For The Unwary? from

The new derivation proceedings enacted by the Leahy-Smith America Invents Act include one-year deadlines for instituting derivation proceedings, based on the publication or issue date of a relevant patent claim. To the extent that these ...

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WTO Forum Looks At 21st Century Trade Challenges from

The theme of this year’s World Trade Organization Public Forum, to be held at the organization’s headquarters in Geneva from 19-21 September, is “Seeking Answers to Global Trade Challenges.” Recognizing the widening gap ...

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Can gamification make manufacturing cool? from

Here is an interesting thought from Derek Singleton on How Manufacturing Can Attract Young Talent Again:Gamification of manufacturing - Gamification is a hot topic in many aspects of business at the moment - one driven by ...

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Permanent Injunction Against "Deriving Future Revenue" For Maintenance Services for Infringing Products is "Entirely Proper" from

In granting plaintiffs' motion for a permanent injunction, the court found that defendants would have to remove or disable software sold pre-verdict when defendants collected a maintenance fee. "[Plaintiff] contends that [defendants'] ongoing revenue stream ...

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Mirus Bio Files Lawsuit Alleging that Roche’s FuGENE 6 Transfection Reagent Infringes Patent from

On September 12, 2011, Mirus Bio sued Fugent, LLC for allegedly infringing its patent entitled "Process of Transfecting a Cell with a Polynucleotide Mixed with an Amphipathic Compound and a DNA-Binding Protein" (U.S. Patent ...

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Narrowing Claim Amendment Blocks Application of the Doctrine of Equivalents, Again from

The following is excerpted from a September 12, 2011 article by Heather Morehouse Ettinger, Ph.D. of McDermott Will & Emery posted at the National Law Forum: Addressing whether an amendment narrowing the claim scope during ...

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Samsung's German lawyer agrees with Apple on the purpose of patent enforcement from

DIE ZEIT, a leading German weekly publication, today published an article on its website that talks about the impact of patents and design-related intellectual property rights on innovation and competition. The article contains (besides as ...

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Patent News, Search, and Caselaws in a Flash: IPNewsFlash from

Every once in a while, you find a website that has everything in one place.   Intellogist is an example of a “one-stop-shop” for prior art search information: reports on patent search systems, links to non-patent ...

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Guest Post -- Defining Prior Art under the Leahy-Smith AIA from

by Howard Skaist and Ted Karr 35 USC 102 is the statutory section that, in effect, legally defines 'prior art.' 'Prior art' is, of course, a key consideration affecting whether to file for a patent ...

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Crowdsourcing Solutions: Embracing Open Source Innovation from

The search for innovative ideas has never been easy, but the advent of crowdsourcing technologies and powerful players willing to embrace new methodologies seems to be paying dividends. Rather than rely on traditional innovation that ...

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America Invets Act: Overview of the Post Grant Review System from

One of the more overlooked aspects of the recently passed America Invents Act is the introduction of a post grant system to the United States patent system. Once the bill is implemented, the Board of ...

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USPTO Issues Patent Number 8,000,000! from

Bye-bye to the 7 million's, hello to the 8's.  The United States Patent and Trademark Office just recently granted registration to US Patent No. 8,000,000 Awarded to Second Sight Medical Products ...

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Pharma Executive To Head Gates’ Global Health Program from

The Bill & Melinda Gates Foundation today announced that Trevor Mundel has been named president of the foundation's Global Health Program. Mundel is global head of development for Novartis Pharma in Basel, Switzerland and will ...

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USTR White Paper On Trade In Medicines Raises Questions from

The Office of the US Trade Representative this week released a position paper on medicines and trade, in the midst of a controversial negotiation for a trade agreement with Pacific-bordering nations. The USTR "white paper ...

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Improved Efficiency with ePetitions from

Guest blog by USPTO Commissioner for Patents Bob Stoll

In March we began offering petitioners the option to automate the filing and decision process for eight patent-related petition types through our new ePetitions system. The ...

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USPTO website posts information, seeks comments on implementation of patent reform law from

The America Invents Act, which is awaiting signature by the President, contains several patent law changes that will have immediate effect.  Other changes will take place over the next 12-18 months as the USPTO implements ...

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Gevo bites back in isobutanol biofuel area; goes after Butamax with US 8,017,375 from

A press release related to Gevo's US 8,017,375 (issued Sept. 13) notes:

Gevo's PDC Patent focuses on converting an ethanol producing yeast into an isobutanol producing one. This significant discovery virtually ...

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Proposed Revisions To PM(NOC) Regulations Aim To Reduce Redundancy from

Dan Whalen is a JD candidate at Osgoode Hall Law School. On August 17, 2011, Health Canada released proposed revisions to its Guidance Document: Patented Medicines (Notice of Compliance) Regulations for stakeholder consultation. In a ...

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The Copyright Termination Right Sure To Start Fights from

By Daniel Davidson As if music artists haven’t been fighting with the always resilient music companies enough over various issues, it is about time for some musicians to start a new battle. The 1970s...


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The Court's Future Role in the International Harmonization of Patent Laws from

International harmonization has always been seen as a major purpose of the Leahy-Smith America Invents Act. Every country has its own patent structure as does the European Patent Office. Ongoing differences between the various countries ...

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Patent Reform Briefing to Senate Staff from

There a number of yourtube videos on the USBIC Briefing on Senate Consideration of House Patent Reform Bill H.R. 1249.  These videos provide invaluable insights into the America Invents Act.  Below I highlight some ...

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