Patent & IP news for August 28, 2012

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post image Featured Study: Low-Level Currents Help Detect & Power Remote Devices from

Article One currently has an open Study that focuses on remotely powering equipment in a data network. You could win $5,000 by participating and using your researching skills to find the winning piece of ...

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post image Guest post: Samsung v. Apple - Billion Dollar Game from

We bring to you another guest post from Tarun Khurana.  Tarun has blogged for us earlier here. This time Tarun has chosen the recent billion dollar verdict against Samsung and in Apple's favor.  Swaraj ...

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USPTO Extends First Action Interview Program Through November 16 from

The USPTO has extended the Full First Action Interview Pilot Program to November 16, 2012. According to the notice available on the USPTO’s website, the USPTO is “analyzing feedback obtained in response to the ...

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Obviousness: “articulated reasoning with some rational underpinning" from

In BPAI decision in Milan v. Apple, concerning re-exam 95/001,083

Of wikipedia:

Reliance on this Wikipedia information is improper because it was presented for the first time in Appellant’s brief and has ...

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How the AIA violates TRIPS from

While in UK this summer, UK patent attorney Jim Boff and I had an interesting discussion regarding the special treatment of US Universities in the America Invents Act (AIA) constitute a violation of the international ...

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Business Methods (and Software) are Still Patentable! from

For at least the past 15 years, the legal, technical and academic communities have been debating the patentability of business methods and software. Despite much negative press ink, talk, legislative activity and court opinions, the ...

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Why I charge one all inclusive flat fee for trademark applications from

Ever since I filed my first trademark application for a client more than 12 years ago in 1999, I have charged a flat fee for every one of the several thousand trademark applications I have ...

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FICCI announces Certificate Course on IP Laws and Practice: Oct-Nov 2012 from

Federation of Indian Chambers of Commerce and Industry (FICCI) and Global Institute of Intellectual Property (GIIP) are jointly conducting the "Certificate Course on Intellectual Property (IP) Laws and Practice".
Conduct of Course      :        October 15 – November ...

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Google loses leverage as Motorola Mobility confirms German patent license to Apple from

In the aftermath of Apple's resounding U.S. court victory over Samsung, analysts again ask the question whether its acquisition of Motorola Mobility has enabled Google to protect Android against patent assertions -- and the ...

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Noninfringing Sales May Determine Infringement Damages from

The court denied defendants' motion for summary judgment of no damages for sales that defendant argued did not infringe. "Generally put, [defendant's] position is that because its sales – whether to [a licensed third party ...

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Where does the patented invention end and the augmentation begin? from

The article by Michael Hiltzik titled Blame a dysfunctional patent system for Apple vs. Samsung verdict argues that the patent system has become a competitive weapon rather than a legal framework to to encourage and ...

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Our flawed human capital system from

A couple of postings last week commented on issues in the U.S. labor market. Follow on that same theme, I recently came across an article at Knowledge@Wharton that raises a number of interesting ...

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Norman IP v. Lexmark: Post AIA Joinder and the Rule 42 Trump Card from

In Norman IP Holdings, LLC v. Lexmark Int’l, Inc., a recent Eastern District of Texas decision, Chief District Judge Leonard Davis provided guidance on the application of Fed. R. Civ. P. 20 (“Rule 20 ...

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Chasing purple squirrels from

A post by Ken Jarboe entitled Our flawed human capital system talks about an interview with Peter Cappelli relating to the theme of why good people can't get jobs:

What companies are doing, says ...

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Anticipating Another Successful Year For The IP Intensive Course from

Last year’s inaugural offering of The Intellectual Property Law and Technology Intensive Program (IP Intensive) was a great success.  We are excited to be offering the IP Intensive again this year and are anticipating ...

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Suing the USPTO to Cancel Improperly Issued Patents from

by Dennis Crouch Although issued patents can be challenged in court, they come with a presumption of validity that can only be overcome with clear and convincing evidence. i4i. Section 282 of the Patent Act ...

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4 Great Features of the Semantic Search on TotalPatent from

The TotalPatent Intellogist Report was recently updated, and one of the more notable improvements to the search functions is that the Semantic Search feature on TotalPatent now identifies multiple concepts in a search query.  TotalPatent ...

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2nd Circuit: Streaming Video Website is Not Cable Service; Infringes Copyright from

Is streaming Internet video a “cable service” under U.S. copyright law?  ABC, CBS, Fox, NBC and other broadcasters recently asked a U.S. Court of Appeals to address that question after a streaming video ...

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Black Cloud Blows Over as Sinovel Satisfies Brazilian Developer from

A previous post discussed the legal action brought by Brazilian developer Desenvix to compel Chinese wind turbine maker Sinovel to permit inspections of its turbines being imported into Brazil.  Due to the major copyright and ...

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Merck Asks Supreme Court to Review Third Circuit K–Dur Decision from

By Kevin E. Noonan -- Last month, the Federal Trade Commission accomplished a decade-long goal: getting a Federal Circuit Court of Appeal (the 3rd Circuit) to support its position that so-called "reverse payments" (also known as ...

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