Patent & IP news for September 10, 2012

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post image A differing perspective on the OUP lawsuit against DU from

The Business Standard recently published an op-ed by me on the copyright infringement case filed by Oxford University Press (OUP), the Cambridge University Press and a third publisher against Delhi University (DU) and a photocopier ...

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post image Is this a 'fair' solution to the OUP/CUP-DU copyright infringement lawsuit? from

After my post yesterday on the OUP-DU photocopying copyright infringement case, I received a very interesting email from the Managing Director of Cambridge University Press India Pvt. Ltd. – Manas Saika. In his email, Saika provides ...

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post image Patent Pendency Time Series and Why Care about Prosecution Delays from

By Dennis Crouch In yesterday's post, I provided a histogram of USPTO patent prosecution pendency for the most recent issued utility patents. I received a couple of e-mails asking for similar historic information. The ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Teva Branded Pharmaceutical Products R&D; Inc. et al. v. Perrigo Pharmaceuticals Co. et al. 1 ...

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Conference & CLE Calendar from

September 10-12, 2012 - Business of Biosimilars & Generic Drugs (Institute for International Research) - Boston, MA September 18, 2012 - New USPTO Rules for Post-Grant Proceedings (Strafford) - 1:00 - 2:30 pm (EDT) September 18, 2012 - Supplemental Examination ...

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Trademarks: Louboutin’s Sole Rights Affirmed from

In a recent victory for French design house Christian Louboutin, a New York appeals court has ruled that Louboutin can trademark its shoes’ iconic red sole since it is a defining feature of an authentic ...

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Federal Circuit Confirms That U.S. Priority Claim Must Be Considered When Assessing Interference Timeliness from

In Loughlin v. Ling, the Federal Circuit affirmed a decision of the USPTO Board of Patent Appeals and Interferences that had canceled the sole claim of Loughlin’s patent in an interference proceeding. The decision ...

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New Oath & Declaration Rules at the USPTO from

One of the primary objectives of the America Invents Act (AIA) was to streamline the filing and prosecution of patent applications. Under the AIA, the oath or declaration requirements for applicants have been substantially modified ...

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New IRS Guidance Addresses Transfers of Intangible Assets to Foreign Corporations from

The United States Internal Revenue Service recently issued guidelines on how it intends to treat certain transfers of patents, trademarks and other intangible assets from U.S. corporations to foreign entities.  In Notice 2012-39, the ...

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Apple v. Samsung: Jury Verdict Lacks Sufficient Detail To Support Enhanced Damages from

The relative paucity of design patent jurisprudence regarding the legal remedy of damages and the equitable remedy of an accounting for the infringer’s profits, makes clear that while an award of damages for patent ...

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And the winner is ... design from

We now know the value of rectangles and rounded edges. According to a jury in San Jose, they and other features of the iPad and iPhone are worth about $1 billion. That is what Samsung ...

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Defendant Sanctioned for Document Dump has “Chutzpa” to Blame Plaintiff for Reviewing Documents too Slowly from

The court awarded plaintiff discovery sanctions and rejected defendant's objection that plaintiff reviewed defendant's document production too slowly. "[Defendant] produced [44,000] pages of documents that this Court previously found constituted a 'document ...

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Oskar Liivak—Finding Invention from

Could limiting the scope of patents to the patented invention provide clear boundaries and the proper breadth of protection to inventors? Professor Oskar Liivak (Cornell Law School) convincingly argues in his article Finding Invention (forthcoming ...

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First Inventor to File: USPTO Derivation Proceedings Go Final from

Section 42.405(c) provides that a derivation is not sufficiently shown unless it is supported by substantial evidence. This includes at least one affidavit addressing communication and lack of authorization. Further, the showing of ...

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USPTO Proposes New Patent Fees Based on Cost-Recovery from

“We are complying with Congress’ mandate to set fees at a level that enables the USPTO to recover the actual costs of the services it provides, while enabling us to implement all of the provisions ...

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Apple v. Samsung Shows Brand Matters to Patent Holders, Juries from

There is a Tendency to View Patent Prowess as a Function of Reputation and Perceived Innovation Much of billion dollar verdict in Apple v. Samsung turned on brand reputation and perception of what it does ...

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Clean Energy Patent Growth Index Shows Big Gains in Solar and Wind from

The Clean Energy Patent Growth Index (CEPGI) recently published its Q1 2012 Results. Although fuel cells are still in the top spot with 232 patents, they were down 18 relative to the first quarter of ...

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