Patent & IP news for September 19, 2012

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post image Authors, Academics and Students Protest Publishers' Move in Delhi University Copyright Case from

If you have been following the recent copyright dispute between a group of publishers and Delhi University, you will acknowledge that the case primarily concerns three groups: (1) the publishers (2) authors, and (3) end ...

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post image Ex Parte Patent Appeal Results from

The chart above shows the results of ex parte appeals grouped by the fiscal year of the appeal decision. In the data, I eliminated administrative dismissals and other non-merits actions from consideration. At this point ...

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post image Preissuance Submissions: A Description of the Relevance to Examination but Not an Explanation from

by Dennis Crouch The USPTO is struggling somewhat with how to implement preissuance submissions. Required Concise Description: The new provision created by the America Invents Act (AIA) opens the door for any third party to ...

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post image The America Invents Act: Then, Now, and the Future from

This Sunday marked the one year anniversary of the America Invents Act. The Act is said to be “the most significant reform of the Patent Act since 1836.” All of the news and press around ...

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Medtronic Inc. v. Boston Scientific Corp. (Fed. Cir. 2012) from

By Kevin E. Noonan -- Five years ago, the Supreme Court abrogated (in a footnote) the Federal Circuit's "reasonable expectation of suit" standard governing when a plaintiff could bring a declaratory judgment suit against a ...

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Remembering Nuijten and Comisky 5 Years Later from

On Thursday, September 20, 2007, the United States Court of Appeals for the Federal Circuit issued two decisions that provoked much debate, and which deserve to be remembered. The first case, In re Comiskey, seemed ...

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Microsoft takes on design from

As I noted in an earlier posting, design is taking center stage in the smartphone wars. But design is becoming more important in other IT area as well. According to Co.Design, Microsoft is paying ...

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Preliminary Injunction Prohibiting Sale of Galaxy Tab Survives Despite Jury Verdict of Noninfringement from

The court denied without prejudice defendant's motion to dissolve a preliminary injunction precluding the sale of defendant's Galaxy Tab 10.1 tablet computer even though a jury returned a verdict finding no infringement ...

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Real life Manhattan catches up with CSI: NY, two years later from

More than two years ago, in March 2010, IPBiz discussed an episode of CSI: New York involving fake "gold bars" which amounted to gold plated tungsten. See
CSI: NY does salted gold and green (cyanobacterial ...

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EMVR: Is it enough for the patented feature to “substantially” create the value of the overall product? from

Most of the entire market value rule (EMVR) cases coming out of the Federal Circuit have been clear:  For EMVR to apply, the patented feature must form the basis of customer demand for the overall ...

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US Falls to 19th on Economic Freedom from

The Fraser Institute just released their annual Survey of Economic Freedom .  According to the Study the US has fallen from 2nd in 2000 to 8th in 2005 to 19th in the World this year.  This ...

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Beverly Hills Bar Association Event: Dressing Up IP: Copyright, Trademark, and Licensing Issues in the Fashion Industry from

Great event at the Beverly Hills Bar Association, the program is titled: “Dressing Up IP: Copyright, Trademark, and Licensing Issues in the Fashion Industry.” The program will be on October 11, 2012 and may be ...

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Diamonds are Forever: New Diamond Patents May Influence Market Development from

The extremely variable pricing of diamonds has made them a historically difficult and unstable commodity to trade. However, recent advents in diamond technology have been patented, and industry insiders such as Martin Rapaport have suggested ...

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Patently Wrong – The Jury’s Verdict In Apple v. Samsung from

All is fair in love and (patent) war, but apparently not when it comes to awarding damages in patent litigation, writes South Africa's Cobus Jooste. Related Articles:

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Could Gevo and Butamax settle? from

From the end of a post titled Legal fight over bio-based isobutanol production concerning the patent fight between Gevo and Butamax:

Brett Lund, Exec VP and GC of Gevo: "Gevo would of course be willing ...

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Supplemental Examination from

Supplemental examination allows a patent owners to submit information relevant to an issued patent in order to avoid any charges of inequitable conduct during litigation and to prevent defendants from making arguments that the patent ...

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Access to Courts: Federal Circuit Issues Preliminary Rejection of Judge Koh’s Stance on Open Access to Trial Documents from

By Dennis Crouch Apple v. Samsung, App. No. 12-1600 (Fed. Cir. 2012) Despite their many disputes, there is one thing that both Apple and Samsung agree upon – that the trial and motion exhibits filed under ...

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10 Important Resources on the WIPO Website for IP Professionals from

If you’ve worked in the IP field for any length of time, you’ve heard of the World Intellectual Property Organization (WIPO). WIPO defines itself as “the United Nations agency dedicated to the use ...

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They Invented What? (No. 220) from

U.S. Patent Appl. Pub. No. 20120187627:  Scallywags board game. JW Note:  In honor of “International Talk Like A Pirate Day”, September 19, 2012 – Yarrrrr. 1. An interactive pirate themed board game comprising: a. a ...

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