Patent & IP news for February 9, 2012

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post image Virtual Patent Marking from

The America Invents Act (AIA) has changed the rules for marking products with patents.  The law allows you to “mark” you product by providing a website that explains which patents cover which products.  This is ...

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post image SpicyIP Event: Global Pharma Regulatory Summit India 2012, Mumbai from

This event comes specially for those of you interested in pharma regulation, from the same folks who organised the Pharma IPR Summit recently. The organisers send us the following details. Please don't forget to ...

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post image "Why has America stopped inventing?" or "It's not just Kats that rant" from

A very busy little book buzzed into this Kat's life a few days ago.  It's called Why Has America Stopped Inventing? and its author is an energetic, indeed frenetic patent attorney by the ...

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post image Patents for Humanity from

Teaser Image  Teaser Text  USPTO launches Patents for Humanity Program

Today the USPTO announced the launch of an interesting voluntary pilot program called the Patents for Humanity Program. The program is an awards competition for ...

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post image When Irish ISPs aren't smiling from

The mainstream news media in Ireland have been devoting an unusual amount of space to a proposed amendment to the Copyright and Related Rights Act, 2000. The amendment will provide copyright owners with the explicit ...

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USPTO Issues Proposed Rulemaking for Supplemental Examination Provisions of AIA from

By Andrew Williams -- On January 25, 2012, the U.S. Patent and Trademark Office published its notice of proposed rulemaking to implement the supplemental examination provisions of the Leahy-Smith America Invents Act ("the AIA") (77 ...

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CAFC affirms ED Texas in METTLER-TOLEDO, INC case from

The issue:

On appeal, Mettler limits its arguments to a single claim construction issue: whether the district court im- properly construed the relevant claim terms to require a multiple slope integrating A/D converter rather ...

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Information sources in patents, a book review from

The third edition of Stephen Adams' Information sources in patents has been published by De Gruyter Saur, ISBN 9783110235111. Stephen is a well-known professional in the patent information world....

(From Steve van Dulken's Patents ...

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Court Decision May Be Closest Thing To BitTorrent Regulation from

The High Court of Justice’s Technology and Construction Court recently ruled on whether relief could be sought against unknown “seeders” of BitTorrent files in AMP v. Persons Unknown. In June 2008, the claimant AMP ...

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Mannheim court continues to weaken the FRAND defense -- bad news for Apple, Nokia, HTC, others from

With four different FRAND statements showing up yesterday (Apple, Cisco, Microsoft, Google), my coverage of the Mannheim court session on Tuesday (four trials organized as one) has been delayed a bit. So far I only ...

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Patents for Humanity from

The patent system is sometimes frustrating to policymakers because of its market approach to invention. Innovators and investors decide the focus of research – not policymakers. As such, we tend to see research investment in areas ...

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Düsseldorf court denies preliminary injunction against Galaxy Tab 10.1N: designaround pays off for Samsung from

The leading German news agency, dpa (here's their story), and the AllAboutSamsung blog report that the Düsseldorf Regional Court has denied Apple's motion for a preliminary injunction against the Galaxy Tab 10.1N ...

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Google tells European Commission on 'open standards': do as I say, not as I do from

More than a year ago, I blogged a few times about the European Interoperability Framework 2.0, a set of IT procurement guidelines that was adopted in December 2010. The most controversial item, which delayed ...

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Two more huge loopholes identified in Google FRAND letter to standards bodies from

This is a follow-up to yesterday's rapid commentary on Google's letter to standard-setting organizations concerning the use of Motorola Mobility's essential patents.

Today I re-read the letter and thought about it some ...

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Delve Deeper into Patent Histories with Public PAIR from

The most common way for Researchers to begin an Article One Study is to research the Study Patents and Cited Patents in order to become familiar with the history of the technology.  In addition to ...

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FDA Issues Draft Guidance on Biosimilars from

In a press release today, the FDA announced the publication of three draft guidance documents on biosimilar product development "to assist industry in developing such products in the United States." FDA is seeking public comment ...

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Job for patent agent in biofuels area in Florida from

Opportunity for registered patent agent to join small company in Florida and to
work with a staff of young scientists in creating biofuels from enhanced
organisms housed in novel bioreactors. Like getting in on the ...

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Great Minds Don’t Always Think Alike: Patent Inflation Sparks Debate Among Scholars from

A couple months ago this blog highlighted an intriguing recent article by Jonathan Masur titled Patent Inflation (original post) that presented a model for what the author has observed as a trend of expanding boundaries ...

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Proposal For A New Model Giving Rights To Online Sharing Of Content from

A new publication by a well-known open access advocate proposes a business model for sharing content online that would recognise sharing as a right. Related Articles:

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No self incrimination privilege for phone hacking from

This Kat finds that, as a patent attorney, just as in his previous life as a chemist, there is little about his day job that overlaps with anything that his non-IP friends have ever heard ...

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PTO Proposes Rules of Practice for Patent Trials before Board from

The United States Patent and Trademark Office (USPTO) has proposed a consolidated set of rules related to trial practice before the Patent Trial and Appeal Board. The proposed rules implement the provisions of the Leahy-Smith ...

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Does the First Amendment Protect False and Misleading Speech? from

Yes, I had the audacity to say what is objectively correct. There is no absolute right under the First Amendment to engage in false or misleading speech. Despite the fact that this statement is legally ...

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Is it possible to have too much patent information? from

The products we rely on for patent and prior art searching are adding more and more data every day. Whether it’s expanded country coverage in a system like PatBase (check out our newly updated ...

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USPTO Proposed Fee Changes Open For Public Comment from

Section 10 of the America Invents Act grants the Director the authority to “set or adjust by rule any fee established, authorized, or charged under title 35, United States Code, or the Trademark Act of ...

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FDA Publishes Draft Guidelines for Biosimilar Product Development under § 351(k) from

By James DeGiulio -- The U.S. Food and Drug Administration published its long-awaited draft guidance on the development of biosimilar products today (see FDA press release), taking a significant step toward the utilization of § 351 ...

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AstraZeneca Pharmaceuticals LP v. Apotex Corp. (Fed. Cir. 2012) from

By Andrew Williams -- On Thursday, the Federal Circuit affirmed the dismissal of a § 271(e)(2) patent infringement action based on method-of-use claims because the ANDA filer was only seeking FDA approval for non-patented uses ...

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AstraZeneca loses appeal in CRESTOR case from

The final paragraph of the decision body states:

In view of the foregoing requirements, AstraZeneca’s claims based on presumed future labeling amendments are unripe. As we have noted, the Act permits generic manufacturers to ...

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Will Gene Patents Derail the Next-Generation of Genetic Technologies?: A Reassessment of the Evidence Suggests Not from

Last August I posted a draft article debunking the myth that 20% of genes are patented, and explaining that the widespread concern that human gene patents will impede whole genome sequencing is largely based on ...

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Brooklyn's MakerBot Industries from noted:

The Replicator, the second machine the [MakerBot] company has released, was just announced in January and it will be interesting to see what kind of designs the open source MakerBot community will ...

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EU-India Summit Kicks Off Amidst Warnings Of Impact On Medicines Access from

The European Union and India today will engage in a high-level meeting in New Delhi with an agenda that includes energy and climate, research and development, and information and communications technologies. But as they enter ...

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"Person of Interest" does patents on Feb. 9 from

In the “Wolf and Cub” episode on February 9, 2012, Finch's new nemesis (Alisha Corwin) gives Finch's partner's son a song and dance about how the partner (Nathan Ingram) sold patents to ...

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