Patent & IP news for August 14, 2012

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post image AOP Clash: Choosing a Study from

There are many differing opinions about the best way to conduct patent research. A few weeks ago, we opened the discussion for you to share your thoughts on what you believe to be the best ...

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post image Brief from the AdvoKat: Court of Appeal calls time on Henleys Appeal from

The AdvoKat The AdvoKat is often confused when looking at his watch: where has the time gone?  So he was glad to read the judgment of the England and Wales Court of Appeal, right at ...

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post image Tuesday tiddlywinks from

Highland Springs and generic Pimms. Following last Friday's guest post here, in which Catriona Hammer related her personal experiences working for a member of the International Olympic Committee, the IPKat received the following missive ...

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post image An improved prior art search tool - Google Patents from

While I might not have been too happy with the update from Google yesterday, the update from Google a few hours ago certainly seems like good news. Google already allows users to search through the ...

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post image Black Cloud Over Sinovel Blows into Brazil from

In a previous post, I discussed some of the out of court business damage suffered by Sinovel as a result of the IP suits filed by American Superconductor (AMSC) against the Chinese wind turbine maker ...

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California Dreaming and the Preposterous Posner Decision from

How anyone with even the most fundamental understand of property rights and economics could say that infringing a patent does not result in a tangible injury is beyond me. Is he unfamiliar with the concept ...

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Wide variety of organizations submit comments to IPEC – MPAA, AIPLA, Philip Morris, Verizon, CDT, BIO, and more from

The  office of the  U.S. Intellectual Property Enforcement Coordinator (“IPEC”) issued a request for public comments regarding the Development of the Joint Strategic Plan on Intellectual Property Enforcement earlier this summer.  The full request ...

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Edward Jay Epstein clueless on Zakaria matter from

Investigative journalist Edward Jay Epstein penned a piece for the Daily Beast titled Fareed Zakaria Didn’t Plagiarize! that is remarkable for its cluelessness.

Note that the comments to the piece literally rip Epstein apart ...

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Apple's US 8,243,027: Touch screen liquid crystal display from

The first claim of US '027:

A touch screen comprising a liquid crystal display with integral touch sensing, the touch screen comprising: a first polarizer; a second polarizer; a first substrate having display control circuitry ...

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AIA Shifts USPTO Focus from Inventors to Patent Owners from

by Dennis Crouch The new rules on inventor oaths make practical business sense, but they leave me somewhat pessimistic. Metaphysically, the rules serve to crystallize the the US patent system's shift in focus away ...

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The problem with "Goodwill" from

Is it real or is it ... (to paraphrase an old commercial). The Wall Street Journal has a piece today about accounting and "goodwill" ("Buyers Beware: The Goodwill Games"). Goodwill is considered that part of the ...

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AIA Implementation: Final Rules from

Final rules are being published in the Federal Register today regarding implementation of a number of the provisions of the America Invents Act.  Most of these provisions go into effect on September 16, 2012. Changes ...

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Losing Plaintiff’s Failure to Perform Pre-Filing Investigation Supports Award of Attorneys’ Fees from

The court granted defendant's motion for attorneys' fees under 35 U.S.C. § 285 following the dismissal of plaintiff's second amended complaint. "Regarding pre-filing investigation, Plaintiff concedes in opposition to the Motion for ...

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Google's Improved Patent Search from

Two updates on Google's patent search tools: EU patents are now available; fully searchable; and automatically translated. Google has implemented a new prior art search button that attempts to identify the ten most relevant ...

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For (Re)Sale: The ECJ Rules on the Exhaustion of Software Distribution Rights from

Early in July, the European Court of Justice (ECJ) came to a decision with regards to the distribution rights retained by a software company. The ruling, resulting from litigation between UsedSoft GmbH and Oracle International ...

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Hricik on Ethics from

Professor Hricik has several new posts on his new Patent Ethics site at Judge Alsup Orders Google and Oracle to Reveal Paid Relationships with Bloggers, Journalists and Academics Civility and ...

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Software Becomes that Much Harder to Patent in the United States from

In the recent decision of Bancorp Services v Sun Life Assurance Company of Canada (U.S.), the United States Court of Appeals for the Federal Circuit has attempted to reconcile the eligibility of software and ...

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Johnson Family Benefit Golf Outing from

TweetBy Daniel Davidson To any readers of the Brevard County and surrounding areas, on August 25, 2012, a benefit golf outing is being held to support the Johnson Family.  The event will take place...


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MIT patent invalid for lack of enablement from

In Magsil and MIT v. Hitachi, the CAFC affirmed a determination by D. Del. [MagSil Corp. v. Seagate Tech., 764 F. Supp. 2d 674 (D. Del. 2011). Because the record supports the trial court’s ...

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Tobacco plain packaging from

Quote from the High Court: At least a majority of the Court is of the opinion that the Act is not contrary to s 51(xxxi). Reasons (which may explain that rather cryptic quantity) to ...

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An Overview Of The Final Patent Reform Rules Packages Effective September 16, 2012 from

On August 14, 2012, the USPTO published the final rule packages for implementing the patent reform changes that take effect September 16, 2012. Several colleagues and I prepared Legal News Alert articles which provide an ...

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In re Beineke (Fed. Cir. 2012) from

By Kevin E. Noonan -- The Federal Circuit decided the In re Beineke case recently, affirming a decision by the USPTO's Board of Patent Appeals and Interferences that applicant Walter Beineke was not entitled to ...

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