Patent & IP news for September 12, 2012

Patent Litigations



Patent & IP Blogs

post image Delhi University Must Defend from

In Prashant's last post, he argued that the most appropriate legal position for Delhi University to take, would be to settle with the publishers and procure licences from the IRRO (a copyright society set ...

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post image CSIR pulls a fast one – does a U-Turn on disclosure of royalties earned through patent licensing from

Just weeks after informing me (read the covering letter over here) that it was in the process of sending me information on the royalties earned through patent licensing, the Central Public Information Officer from the ...

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post image Welcome to our new offices! from

Erik M. Pelton & Associates, PLLC is please to announce that we have moved to new offices last month. Our new offices are just a few blocks from our old space, but are brighter, feature a ...

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post image 3D Print Wars: Episode 1 from

     Science-fiction minus fiction equals a 3D printer on your desk top. Your youngest kid barrels into your home office crying that his favorite plastic toy broke, so simply print him a new one. Of course ...

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More on USPTO's Proposed New Fees from

By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office published a notice of proposed rulemaking in the Federal Register (77 Fed. Reg. 55028) presenting its proposal for setting and adjusting patent fees ...

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USPTO Satellite Offices from

TweetIn the ever-changing world of the USPTO to comply with changes in the AIA, satellite offices are being established remote from the Alexandria headquarters.  A first branch was opened July 13 in...


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Divided Infringement Uncertain Despite en banc Ruling by CAFC from

Recently the Federal Circuit has been interpreting 25 U.S.C. 271(b) to mean that unless the accused infringer directs or controls the actions of the party or parties that are performing the claimed ...

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Claim Term “Sufficiently Rigid” was not Insolubly Ambiguous and did not Render Claim Indefinite from

Following claim construction the court denied defendants' motion for summary judgment that plaintiff's patty molding patent was indefinite. "[Plaintiff's expert] explains that a person of ordinary skill in the art would understand that ...

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Progress Report on Satellite Office Openings from

It has been a few months since we announced we would be opening three new USPTO satellite offices in Dallas-Fort Worth, Denver, and Silicon Valley, so I'd like to share details of the progress ...

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Eligibility for patent protection from

Recently, the Federal Circuit published an opinion (CLS Bank v. Alice) which appears to conflict with an opinion (Mayo v. Prometheus) by the United States Supreme Court published a few months ago. In Mayo v ...

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Syria Denounces Madrid Agreement On Trademark Registration from

The World Intellectual Property Organization (WIPO) today announced that it has received notification that Syria will withdraw from the international trademark treaty known as the Madrid Agreement. Related Articles:

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Patently-O Bits and Bytes: Transitions from

By Dennis Crouch Joe Matal was instrumental in the 2012 passage of America Invents Act. At the time, Joe was counsel to the Judiciary Committee and, although on the republican side, Joe really was the ...

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How To Reboot WIPO from

By this point, I’m sure the entire intellectual property community knows that WIPO has problems, from an investigation of sanctions-busting in its technical assistance programmes going back years to allegations of vote-buying through abuse ...

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World IP Review Interview with Article One CEO Cheryl Milone from

The September/October issue of World IP Review was published online yesterday and featured an interview with our Founder and CEO, Cheryl Milone! The article, "Many Hands Make Light Work," starts on page 58. In ...

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IFPMA Report, Panel, Examine Rise Of Industry Global Health Partnerships from

A new report commissioned by international pharmaceutical industry released yesterday offers findings and recommendations based on study of 200 global health partnerships aimed at low- and middle-income countries. The report was released at a panel ...

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Prior Art Searching from

A question that is often asked by new inventors is:  should I do a prior art search before filing a patent application?  The answer, as in most areas of law and life in general, is ...

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Patent-based disruption of iPhone 5 sales highly unlikely for at least the remainder of the year from

On the occasion of today's iPhone 5 presentation, I'm now going to explain why it's highly unlikely that sales of Apple's new smartphone will be disrupted by any patent holder in ...

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Major Updates to Non-Patent Literature Searching on Thomson Innovation from

Thomson Innovation is an important subscription-based patent search system created by Thomson Reuters, and Release 3.5 of the system was recently announced in August 2012.  This system update includes a number of improvements to ...

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The writing services section of Craiglist: plagiarism facilitator? from

From within a post titled Online ghostwriters make plagiarizing easy, concerning an interview with a ghostwriter named "Roger":

Trained to write to deadline, [Roger] can produce a double-spaced page in as little as 20 minutes ...

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Ex parte Kitada: no articulated reasoning by Examiner from

In Ex parte Kitada applicants did obtain a partial victory at the BPAI.

Appellants overcame one obviousness determination:

Appellants' arguments are persuasive for at least the following
reasons: (1) On this record, the Examiner has ...

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Ex parte Brochu: figures as prior art from

From the BPAI decision Ex Parte Brochu -->

** Of "broadest reasonable interpretation" [BRI]:

During examination of a patent application, pending claims are given their
broadest reasonable construction consistent with the specification. In re Am.
Acad. of ...

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Samsung "out-apps" Apple? from

From within a post titled The Patent Clues to the Apple iPhone Beyond ’5’ concerning a report by Thomson Reuters on patent applications by Apple:

The Thomson Reuters report finds, as you might expect, a ...

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Canadian academic researcher snagged for plagiarism from

from article in the National Post titled Top Canadian scientist and award-winning student caught in ‘blatant plagiarism’ of text

Dongqing Li, who holds a prestigious Canada research chair at the University of Waterloo, and Yasaman ...

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BPAI says wikipedia found to be unreliable from

In Ex parte Ki

Wikipedia has been found to be an unreliable source of information, citing Techradium v. Blackboard, 2009 WL 1152985 (ED Texas) AND
Budasa v. Mukasey, 540 F.3d 909 (CA8 2008 )

In ...

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Bowman Responds to Solicitor General from

By Kevin E. Noonan -- Farmer Vernon Hugh Bowman, losing patent infringement defendant in Monsanto Co. v. Bowman, has filed a supplemental brief in response to the brief submitted to the Supreme Court by the Solicitor ...

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