Patent & IP news for September 28, 2011

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post image Wednesday whimsies from

An earlier draft -- or the current one? Those Unified Patent Court proposals simply will not go away.  A new Draft agreement on a Unified Patent Court and draft Statute - Revised Presidency text, Brussels, was published ...

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post image Construing Claim Constructions from

By Jason Rantanen Cordis Corporation v. Boston Scientific Corporation (Fed. Cir. 2011) Download 10-1311 -1316-1 Panel: Bryson, Mayer, and Gajarsa (author) Cordis v. BSC turns on an interpretation of a construction of the claim term ...

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post image How is IP handled in your firm? from

Managerial research is devoting increasingly more time to the question of how IP is transmitted through, and processed by, a company. The questions raised are both of a positive and normative nature. Researchers both map ...

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post image Trademarks don’t always have to be unique – PETER PAN, DELTA, MONEYBALL and more from

Believe it or not, not every brand name has to be unique. It certainly should be unique within your industry and anything that relates to over overlaps with it. But it does not have to ...

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post image BioOhio Annual Conference: 2020 Vision from

What BioOhio Annual Conference: 2020 Vision 2020 Visionaries: Ohio experts highlight opportunities and trends in their respective niches Keynote: BIO President & CEO Jim Greenwood discusses the future of biotech and the bioscience industry Workforce & Education ...

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post image Elizabeth Warren’s Hate Speech from

President Obama has picked up on Elizabeth Warren’s argument that “Nobody got rich in the U.S. on his own.”  Warren argues that other people paid for the roads that the rich person’s ...

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USPTO Updates Fee Schedule, But Does Not Yet Offer Micro Entity Discount from

By Donald Zuhn -- In anticipation of yesterday's implementation of the 15% surcharge on certain patent fees pursuant to § 11 of the Leahy-Smith America Invents Act, the U.S. Patent and Trademark Office issued a ...

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Draft Agreement on Unified Court "unwise", concludes EPLAW from

PatLit thanks Dr Jochen Pagenberg (President of the European Patent Lawyers' Association EPLAW and one of the most experienced patent scholars in Europe) for drawing the following highly pertinent criticisms of the proposed Unified Patent ...

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How is Exalead Better Than Google? from

We have to face facts: Google rules free searching (at least in the US).  And why shouldn’t we love Google?  It offers a clean, easy search interface for a wide range of content types ...

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Chief Judge Rader Delivers State of Patent Litigation & E-Discovery Model Order from

On September 27, 2011, Chief Judge Rader addressed the Eastern District of Texas Judicial Conference and introduced a major new initiative to improve ediscovery. It is a Model E-Discovery Order and a Committee Report. Below ...

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Samsung takes Android patent license from Microsoft rather than wait for Motorola from

[DEVELOPING STORY -- still adding more information and commentary]

Microsoft just announced a patent license agreement with Samsung, under which "Microsoft will receive royalties for Samsung’s mobile phones and tablets running Android". This is the ...

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Docket Navigator Scavenger Hunt – Round 3! from

This week’s Scavenger Hunt is a bit more involved than previous weeks’ questions. It contains two parts and two chances to win. You will receive one chance to win for each portion of the ...

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Featured Researcher: LaTonya T. from

This week’s featured researcher is LaTonya T. from Sacramento, California.  LaTonya has a B.S. in Biological Studies and has worked in clinical, environmental, and manufacturing laboratories for over 15 years.  She uses her ...

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LG Seeks Ban on BMW, Audi Sales in Korea from

The following is excerpted from a September 28, 2011 article published by The Malaysian Insider: LG Electronics filed a suit in South Korea, seeking a ban on the sale of BMW and Audi cars, expanding ...

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John M. Golden: Patentable Subject Matter and Institutional Choice from

Is the patentable subject matter requirement obsolete or just underdeveloped? Many criticize the Patent Office for its mounting backlog and the rising number of “bad” patents that issue. In Patentable Subject Matter and Institutional Choice ...

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A Recent Clarification on Intervening Rights by the Federal Circuit from

The Federal Circuit recently found that intervening rights can apply to a claim that has been narrowed by argument only during a reexamination.

In Marine Polymer Technologies, Inc. v. HemCon, the Federal Circuit recently found ...

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Guest Post: Because Inquiring Minds Want to Know - Best Mode - Why is it One-Sided? from

(Today PatentlyO is starting a series of periodic guest posts by Professor Christal Shepard on the underlying rationales for some of the sections of the America Invents Act. Prior to joining the University of Nebraska ...

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T-Mobile also files brief in support of Samsung against Apple from

T-Mobile just submitted an amicus curiae ("friend of the court") brief in support of Samsung against Apple with respect to a possible US-wide preliminary injunction, along with

  • a formal request for permission to be admitted ...

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Copyright Reform – A New Bill on the Notice Paper from

Brian Chau is a JD candidate at Osgoode Hall Law School. The Conservative majority government has placed a new copyright reform bill, “An Act to amend the Copyright Act” on the Notice Paper earlier today ...

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Lady Gaga Loses Domain Name Dispute from

By Daniel Davidson As if her dress that she wore to the 2010 MTV Video Music Awards spoiling because of a lack of refrigeration wasn’t enough, Lady Gaga is having to deal with unruly ...

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Cordis v. Boston Scientific from

Cordis lost its appeal at the CAFC.

Footnote 4 refers to the stent wars: Returning to this court for a second time, this case is but one installment—albeit, at nearly fourteen years, perhaps the ...

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