Patent & IP news for August 6, 2012

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post image Mars, the bringer of ... calories. But will he land a PGI? from

The world is celebrating today the news that NASA's rover Curiosity has successfully landed on Mars --  no, not the The Bringer of War but the planet hitherto known to be inhabited only by spiders ...

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post image A bridge too far? from

In Quick Draw LP v Global Live Events LLP and others [2012] EWHC 2105 (Ch), 30 July 2012, Sarah Asplin QC, sitting as a Deputy High Court Judge in the Chancery Division, England and Wales ...

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post image Pharmaceutical, Biotechnology, and Chemical Inventions: a book review from

A while back, PatLit posted a notice to the effect that Pharmaceutical, Biotechnology, and Chemical Inventions, edited by Duncan Bucknell, had been published by Oxford University Press -- but it wasn't really a review. That ...

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post image Podcast: Adobe, Open Software and Steve Jobs from

Legal IQ recently conducted an interview with Dave McAllister, Director of Open Source at Adobe Systems about the latest Open Screen developments.  McAllister offers some exclusive reflections on his work with Steve Jobs: “He honestly ...

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Federal Circuit Extends Safe Harbor To Post-Approval Drug Testing from

In a decision issued August 3, 2012 in Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc., the Federal Circuit held that the safe harbor provisions of 35 USC § 271(e)(1) can shield the defendants from ...

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Select tweets 7/30/12 - 8/5/12 from

Select tweets and retweets from the past week: 30 Jul Ken Jarboe ‏@IntangibleEcon New report from Upjohn Institute: manufacturing productivity gains limited to computer industry -- rest doing poorly 30 Jul Mary ...

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Where's the innovation? Case of oil & gas. from

In an often self-fulfilling prophecy, it is common for policy makers and analysts to look for examples of innovation in the "innovative" sectors. But, as a recent story in the Economist highlights, in some industries ...

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Article One Partners Announces Partnership with Sony Corporation from

By Ray Felts, President, North America, Article One Partners

Article One Partners (AOP), the world’s largest patent research community, today announced a partnership with Sony Corporation.  AOP is supporting Sony’s defense against the ...

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Pro Se Prosecution No Defense to Application of Prosecution History Estoppel from

The court granted plaintiff's motion for summary judgment of no infringement under the doctrine of equivalents of defendant's tuner patent. Prosecution history estoppel precluded application of the doctrine of equivalents even though the ...

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Twombly and Iqbal Do Not Require Disregard Of Allegations Based On “Information and Belief” from

The court denied in part defendant's motion to dismiss for failure to state a claim based on plaintiff's use of the phrase, "information and belief." "Defendant mischaracterizes plaintiff’s burden to plead facts ...

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IP, exchange control and 'capital' in South Africa from

Note: this post has also been posted on the Afro-IP weblog but, because of its subject-matter and given that very few IP Finance readers also follow Afro-IP, it seemed appropriate to repost it here.

Back ...

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Form Over Function – The ECJ Rules On Software Copyright from

Seldom does a fact bear repeating as frequently as the maxim, “There is no copyright in ideas”. And despite the regularity with which this fundamental principle of copyright law is cited, its application remains a ...

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Featured Study: Rewards "Hinge" on Your Automotive Literature from

Picture a car door, a tailgate, or a hatch. Ever wonder how they work? The technology may seem simple, but Article One Study SOA 2001 shows that advances in that technology reveal more to them ...

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Apple opposes Samsung's 'me too' motion for adverse inference jury instruction on emails from

Two days after Apple won an adverse inference jury instruction concerning Samsung's spoliation of evidence (deleted emails), Samsung brought a motion asking for the same type of sanction against Apple, referring to a statement ...

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IMPACT 2012 will connect companies with capital in the Mid-Atlantic region from

IMPACT 2012, scheduled for November 7-8, 2012 in Philadelphia, is a Venture Summit Mid-Atlantic Conference that showcases companies in the technology, healthcare, and clean technology fields.   Spaces are still available for early-to-mid stage companies who ...

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USPTO Fall AIA Roadshows from

The USPTO will be conducting additional roadshows this fall concerning the implementation of the America Invents Act.  Roadshows will be held by the USPTO in Denver, Los Angeles, Houston, Minneapolis, Detroit, Atlanta, New York, and ...

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USPTO Overseeing Patent Attorneys and Agents from

by Dennis Crouch Prof. Hricik has a great new post on the USPTO's Office of Enrollment and Discipline (OED) and its expansive claim to power. Hricik's post is descriptively titled: The OED Asserts ...

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Incentivizing Discovery (rather than invention) from

by Dennis Crouch In my patent classes, we talk about the distinction between invention and discovery (and even re-discovery). The patent statute itself opens the door to patenting of discoveries in addition to inventions. However ...

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Patents, Politics and Life on K Street – My Interview with Bob Stoll from

I tried to get Stoll on the record while he was at the USPTO.  I don't think he dodged me, it just never worked out.  I travel a lot, he travels a lot and ...

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Chief Judge Rader (Not Surprisingly) Gets it Right about Chimerical "Tragedy of the Anti-Commons" from

By Kevin E. Noonan -- In his dissent from the majority opinion in Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc. (a case have interesting features discussed elsewhere), Chief Judge Randall Rader (at right) opines eloquently regarding ...

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