Patent & IP news for October 3, 2012

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Patent & IP Blogs

post image Enzyme Distributor Admits Infringement As Novozymes Wins Injunction from

In a previous post, I discussed Novozymes’ patent infringement complaint against CTE Global in which the Danish biopharmaceutical company accused the Illinois enzyme distributor of infringing U.S. Patent Nos. 6,255,084 (’084 Patent ...

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post image TKDL poised to draw first blood before Indian patent office; long road ahead from

Finally, almost thirteen years after it was first conceptualized, the Traditional Knowledge Digital Library (TKDL) is on path to having an Indian TK related patent application, filed by an Indian citizen, being struck down as ...

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post image NBA set to prosecute Monsanto’s Indian subsidiary: What about Cornell, USAID & the DBT? from

In a story which ran today on PTI, the Chairperson of the National Biodiversity Authority (NBA) has reportedly informed the press that his organization is all set to prosecute Monsanto’s Indian subsidiary (Mahyco) in ...

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Webinar on Divided Infringement from

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Divided Infringement: A Gordian Knot Still" on October 4, 2012 beginning at 2:00 pm (ET). A panel consisting of Daryl Joseffer of ...

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"Suffice it to say here that the courts have the final say on unpatentability of claims, not the PTO. " from

Belkin v Kappos concerned prior art in a re-examination.

The issue

Belkin argues that the Board has jurisdiction to consider on reconsideration prior art found not to raise a substantial new question of patentability on ...

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Pozen Inc. v. Par Pharmaceutical, Inc. (Fed. Cir. 2012) from

By Andrew Williams -- Last week, in Pozen Inc. v. Par Pharmaceutical, Inc., the Federal Circuit affirmed the decision of the U.S. District Court for the Eastern District of Texas that two patents that describe ...

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Patents, copyright and competition from

Judge Posner, one of the authors of the leading modern text on the economics of intellectual property (amongst many other things), has published a controversial blog post questioning whether patents and copyright law, but particularly ...

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CERN: Free Access To Scientific Journals In Physics In 2014 from

The Geneva-based European Organization for Nuclear Physics (CERN) has collaborated with funding agencies and libraries of 29 countries to make freely available access to otherwise expensive scientific articles in the field of particle physics. Related ...

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Lies, Damn Lies and Media Hatred of Patents (and the CAFC) from

Indeed, few articles have struck a nerve in me quite the way that a recent Ars Technica article did. The article is titled How a rogue appeals court wrecked the patent system??. It is a ...

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Challenges to intangible asset financing from

According to a recent article in the Indian press ("Banks & intangible assets"), the Reserve Bank of India (RBI) has decided that brands cannot be used at loan collateral. The specific case concerns a loan to ...

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Cooperative Patent Classification Available from

The USPTO and EPO have released the new Cooperative Patent Classification system ahead of the January 1, 2013 implementation date. Details are available at the CPC website. Documentation includes the entire CPC scheme, an initial ...

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“Same Transaction” Required for Joinder Under 35 U.S.C. § 299 Does Not Encompass Separate Transactions Within a “Commerce Stream" from

The court sua sponte severed two distributor-defendants from plaintiffs' infringement action because they were improperly joined with manufacturer-defendants under 35 U.S.C. § 299. "Plaintiffs . . . fail to allege that each of these Defendants was involved ...

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The GAIN Act Stacks 5-Years of Market Exclusivity for Antibiotics from

Guest Post by Jacob S Sherkow. Sherkow is a fellow at Stanford Law School's Center for the Law and Biosciences. This post originally appeared on Sherkow's Stanford Site. This week's New Yorker ...

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IP News Watch: Samsung Sues Apple Over iPhone 5 from

As reported by Bloomberg, Samsung has sued Apple over the new iPhone 5. Bloomberg reports that Samsung said “the iPhone 5 infringes two standards patents and six features patents."

This is only the latest news ...

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Is the New Supplemental Examination a Complete Replacement for Owner Initiated Ex Parte Reexamination? from

By Dennis Crouch This essay focuses on supplemental examination but, perhaps surprisingly, the essay does not consider inequitable conduct inoculation. The ability of supplemental examination to cure inequitable conduct has received a significant amount of ...

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Claim Your Exemption! from

The World Intellectual Property Organization hosts its Fiftieth Series of Meetings of the Assemblies of the Member States this week. Being with the delegation representing the U.S. in Geneva, I’m reminded of a ...

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Breaking news: Cipla succeeds in revoking Pfizer / Sugen's patent on Sunitinib from

The Patent Office in a recent post grant opposition proceeding brought by Cipla against Pfizer / Sugen's patent on the drug  Sunitinib, revoked Indian patent IN209251.  The drug Sunitinib is used to treat cause by ...

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Live Stream of Patent/Antitrust Program at University of Colorado from

As part of the Federal Circuit’s visit to hear oral arguments at the University of Colorado Law School, a patent/antitrust program is being held today.  You can watch a live stream of the ...

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Apple touted its 'strong and growing' UMTS patent portfolio in cross-licensing offer to Samsung from

This week, a variety of unredacted Apple v. Samsung documents was filed after Judge Koh denied the parties' requests to seal them. Many of them relate to the jury misconduct issue, which (as I'll ...

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USPTO Announces Three New Patent Prosecution Highway Partnerships from

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced the October 1, 2012 launch of a new Patent Prosecution Highway (PPH) with the patent office of the Czech ...

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The Impact of the America Invents Act on the Definition of Prior Art from

While the search for prior art won't likely be impacted, the value of the prior art located will be dramatically impacted according to Ken Hattori, partner in the Washington, D.C. firm of Westerman ...

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US Announces $2.4M In Local Grants To Combat IP Theft from

The United States government has announced the release of more than $2.4 million in grants to 13 US jurisdictions for stronger enforcement of intellectual property rights. Related Articles:

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Europeana: A Central Portal for Millions of Historical Digital Objects from

In a past post, we looked at the European Library website as a possible source for non-patent literature, since patent searchers sometimes need to scour the earth for prior art during an exhaustive search when ...

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Breaking News: Delhi High Court recognizes international exhaustion under the Indian trademark law from

In a landmark decision, the Division Bench of the Delhi High Court yesterday recognized the principle of international exhaustion under the Trade Marks Act, 1999. The Bench comprising of Justice Pradeep Nandrajog and Justice Siddharth ...

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First-To-File Comments Due October 5, 2012 from

Although the first-to-file provisions of the America Invents Act (“AIA”) do not take effect until March 16, 2013, public comments on the USPTO’s proposed implementing regulations are due by Friday, October 5, 2012. The ...

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Oracle gives notice of appeal of ruling in Google patent and copyright case from

At close of business on Wednesday, Oracle filed with the United States District Court for the Northern District of California a notice of appeal of Judge William Alsup's ruling in the patent and copyright ...

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