Patent & IP news for September 24, 2012

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Patent & IP Blogs

post image Docketing Tip for Post-Issuance Reviews on the Patent Review Processing System (PRPS) from

Now that we are in the second week of post-issuance review filings, a number of filings are showing on the Patent Review Processing System (PRPS).  To date there are 18 reviews, of which 6 are ...

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post image Guest post: Whirlpool v. Videocon from

One of our former bloggers, and my former classmate Kruttika Vijay, has returned to us with a guest post on a topic that has not received much attention here. After graduating from Nalsar University in ...

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post image Droge: Appealing Board Decisions (And Losing) from

By Dennis Crouch In re Droge (Fed. Cir. 2012) In a unanimous panel opinion, the Federal Circuit has affirmed a decision by the Board of Patent Appeals and Interferences (now Patent Trials and Appeals Board ...

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Litter Box from

Outside The Box Innovations launched a DJ in North Georgia. A biased judge gave them much of what they asked for: invalidity, non-infringement, even inequitable conduct. A confused CAFC panel (CAFC 09-1171) muddled through reversing ...

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Assessment of chances of Apple's and Samsung's requests for overruling the jury from

Late on Friday, Apple and Samsung filed various post-trial motions in their first California litigation, especially their Rule 50 motions (i.e., motions asking the court to overrule the August 24 jury verdict on certain ...

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Innovation patents – further chance to protest from

IP Australia is seeking comments on how the innovation patent system is working. Since 2001, Australia grants 2 types of patent: the standard patent with a normal term of 20 years and an innovation patent ...

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A Look At Who’s Who In Geneva IP Policymaking And Beyond from

Doesn’t it always seem like as soon as you know who covers what at the permanent missions in Geneva, terms end, new assignments begin and you’re left exchanging business cards again? Well, we ...

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Time warp? from

IPBiz is getting a number of hits for the post
Bad calls in the Patriots/Ravens game?

With respect to the numerous complaints about calls by replacement officials in games on September 23, 2012, one ...

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Trademark Bullying & the Streisand Effect – how brand owners can avoid social shaming from

Last week I spoke at the New York State Bar Association and presented on “Trademark Bullying & the Streisand Effect“. The talk was very well received. My favorite feedback was that perhaps trademark attorneys, when counseling ...

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Failure to Dismiss Case After Unfavorable Claim Construction Rendered Case Exceptional Warranting Attorneys’ Fees from

Following summary judgment, the magistrate judge recommended granting in part defendant's motion for attorneys' fees under 35 U.S.C. § 285. The magistrate judge determined that the case became exceptional when plaintiff refused to ...

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UN Sanctions Committee Finds No Violation In WIPO Shipments To North Korea from

The World Intellectual Property Organization did not violate United Nations sanctions on North Korea when it shipped computers and equipment to the country as technical assistance, a UN sanctions committee has found. It did suggest ...

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Q&A With Newly Appointed KIPO Commissioner from

Ho-Won Kim, the newly appointed commissioner of the Korean Intellectual Property Office (KIPO), discussed his views on KIPO’s major policies in a recent exchange with Intellectual Property Watch. He explained the directions KIPO will ...

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Lemley: Software Patents and Functional Claiming from

Here’s a software claim from a recent Federal Circuit decision (pulled from Patently-O):

1. A data processing system to enable the exchange of an obligation between parties, the system comprising:
a data storage unit ...

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Improve Your Chemistry Research Skills from

As Researchers, you most likely have a set method when it comes to your researching process. The process can be determined by where you are, the type of Study, or simply by your background and ...

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District Court Stands By Patent Term Adjustment Tolling Decision from

In a decision issued September 20, 2012, in Bristol Meyers Squibb Co. v. Kappos, the U.S. District Court for the District of Columbia denied the USPTO’s motion for reconsideration of the court’s ...

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Inovia Agent Named Latin America Law Firm of the Year from

We're pleased to announce that Carey, Chile's largest law firm, was selected as 2012's "Latin America Law Firm of the Year" by Chambers Latin America, the prestigious regional publication from Chambers & Partners ...

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PTAB and Patentability Challenges from

Recently, some commentators have questioned whether the new Patent Trial and Appeal Board can consider patentability challenges brought under 35 U.S.C. § 101 in post-grant review proceedings or covered business method review proceedings. I ...

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Mainstreaming intangibles - not yet from

Two stories in the past 24 hours are an interesting indication of how intangible assets are become part of mainstream economic activity (both macro and micro). One story in the New York Times ("With Smartphone ...

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Canon Sued for Infringing Noise-Reduction Camera Patent from

On Friday, September 21, 2012, Canon, Inc. (NYSE: CAJ) was sued for patent infringement by Yama Capital, LLC, which is a limited liability company organized under the laws of the State of Delaware.  The complaint ...

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Kappos: PTAB Has Authority to Challenge Section 101 issues from

By Dennis Crouch On his blog, USPTO Director David Kappos has posted a response to my recent essay titled Can a Third Party Challenge Section 101 Subject Matter Eligibility in the USPTO's new Post-Grant ...

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US Health Care: How Does it Stack Up? from

This is not my normal sort of post, but because I collected all this data and my blog is my normal publishing outlet I am presenting it in a fairly rough form.  It may be ...

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Applicant wins petition and avoids labeling figure as prior art from

Takeaway: During prosecution of an application for a fuel cell system, the Examiner objected to FIG. 1 because it was not designated as prior art, yet "only that which is old is illustrated." The Applicant ...

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Harvard grad gets life in prison without parole from

A Harvard educated University of Alabama professor was sentenced to life in prison.
From a Boston Globe blog

A Harvard-educated biologist was sentenced to life in prison without parole Monday after being convicted of going ...

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Gevo switches to ethanol from isobutanol!! from

from Bloomberg on 24 September 2012:

Gevo Inc., a U.S. biotechnology company backed by French oil company Total SA (FP) and specialty- chemicals maker Lanxess AG (LXS), will shift to ethanol at its Luverne ...

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