Patent & IP news for October 11, 2012

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post image Corporate Counsel Showcases Article One CEO Cheryl Milone from

Today, Corporate Counsel published an article titled “Article One Arms Companies With Prior Art for Patent Battles.” The piece, written by Lisa Shuchman, highlights Article One and our Community, as well as the rise in ...

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post image Delhi High Court seeks to break the Myth of 'Breaking Sports News': New Delhi Television Ltd. v. ICC Development (Intl.) Ltd. from

[Image taken from here]

In a very recent decision that promises to change the aspect of legally permissible 'breaking news', especially regarding sports events, the Delhi High Court has sought to lay down certain cogent ...

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post image Federal Circuit Clarifies Obviousness-Type Double Patenting Between Products And Methods from

In Eli Lilly and Company v. Teva Parenteral Medicines, Inc., the Federal Circuit affirmed the district court’s decision that Eli Lilly’s patent to pemetrexed is not invalid for obviousness-type double patenting. The Federal ...

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post image DU Photocopy Case: Who's Afraid of Copyright? from

The Delhi University photocopy case, an unsavoury law suit that pits the interests of private publishing houses against the interests of students and educational establishments, was debated by us extensively in posts here, here, here ...

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post image Guest Post: Exide v. Exide: Too much Exidement? from

Our regular guest blogger, Arun Mohan, a practising IP lawyer before the Madras High Court has sent us this very interesting post analysing in detail the recent Exide judgement of the Delhi High Court and ...

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2nd tranche of Raising the Bar draft regulations from

IP Australia today released the second tranche of exposure draft regulations implementing the Intellectual Property Laws Amendment (Raising the Bar) Act 2012. This tranche deals with schedule 3 (reducing delays in resolving patent and trade ...

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Software Patents: 50 Years of Circuitous Artifices from

By Dennis Crouch I recently asked the courts for a decision on whether software is patentable. In my short essay, I argued that we have a de facto system that allows the issuance of software ...

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What the NY Times Doesn’t Understand about the Patent System from

These first-level-thinkers just assume that information would be disseminated at the same rate without a patent system, which is so ridiculous it is hard to take anyone seriously who actually professes to believe such nonsense ...

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Another German politician under scrutiny for plagiarism from

Spiegel Online discusses certain oblique charges of "plagiarism in thesis" leveled against German Education Minister Annette Schavan -->

Most of the questionable passages found would appear to be cases of Schavan having slightly modified text from ...

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Oracle loses re-hearing request at BPAI from

In denying a rehearing sought by patent applicants from Oracle, the BPAI cited a great deal of case law. [See Ex parte Li]

As to the underlying issue of obviousness:

Here, the Examiner directed our ...

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"Attorney argument" fails in Ex parte Wang from

In Ex Parte Wang, the BPAI gets "in step" with the "new" patent law:

Following this Amendment, the Examiner rejected claims 1-5 under 35 U.S.C. § 112, ¶ 1 (now 35 U.S.C. § 112 ...

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Claims to an apparatus must distinguish on the basis of structure, not function from

Text from Ex parte George

As a first matter, we note that the claim is directed to an apparatus. “Claims drawn to an apparatus must distinguish from the prior art in terms of structure rather ...

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On nonfunctional descriptive material from

From Ex parte Plastina

We need not give patentable weight to descriptive material absent a new and unobvious functional relationship between the descriptive material and an underlying structure or process. Nonfunctional descriptive material
cannot render ...

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"Argument in the brief" gets no traction in Ex parte Little from

Things do not go well for Appellant when text such as the following appears:

We begin our analysis by observing at the outset that Appellants respond to the Examiner’s final rejection of representative claim ...

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Invocation of Star Trek does not impress BPAI from

From Ex parte Sarraf :

In particular, we do not understand how Appellants’ analogy in the Brief to a “recent Star Trek movie” and “transwarp beaming” provides evidence to show that the Examiner has erred regarding ...

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Patent Classification Harmonization from

The United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) jointly launched the Cooperative Patent Classification System (CPC) and released a finalized set of CPC definitions. The CPC is operational at ...

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August trade in intangibles from

Data released this morning from the BEA show that the US trade deficit worsened in August. The deficit increased to $44.2 billion (up $1.7 billion) as exports dropped by $1.9 billion while ...

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USPTO trademark applications in first 3 quarters of 2012 increase vs. 2011…. by 0.1 percent from

Trademark applications filings through end of September: Through the first three quarters of 2012, there were 234,888 trademark applications filed with the USPTO (according to a TESS search conducted at approximately 5:30 PM ...

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“Contingent” Infringement Contentions Prohibited from

The court granted in part defendant's motion to strike plaintiff's amended infringement contentions because plaintiff's claim chart did not comply with the patent local rule for specificity. "Plaintiff repeatedly attempts to hedge ...

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Mulligan: Numerus Clausus for IP from

Should the number of ways to transfer intellectual property rights be limited? Real property may only be held in certain standardized forms (fee simple, lease, etc.), a principle first termed "numerus clausus" ("the number is ...

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Microsoft tells German court it will amend Motorola lawsuit to hold Google Inc. liable from

Today the Munich I Regional Court, which has already identified five patent infringements by Android-based devices, held a first hearing on a Microsoft complaint against wholly-owned Google subsidiary Motorola Mobility over EP0845124 on a "computer ...

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Federal Circuit reverses Nexus injunction for lack of a nexus and doubts about infringement from

Due to a lengthy but truly interesting Microsoft v. Motorola Mobility court hearing in Munich, I am a few hours late with my commentary on today's decision by the United States Court of Appeals ...

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Featured Study: Camera Based Remote Control Having a Motion Sensor from

Is it a remote controller or a game controller?  The Wii remote (Wiimote) revolutionized the way people interact with video games.  We are seeking submissions of similar technology that pre-dates the Wii system. Now, have ...

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Validation vs. Recording an Address for Service Under The London Agreement from

After a long gestation period, the London Agreement finally entered into force back on May 1, 2008. Its aim was to reduce the cost and complexity of validating European patents in individual countries following grant ...

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In re Baxter Intl.: Federal Circuit Allows Patent Reexamination After a Final Court Judgment from

By Tom Zuber and Jeff Zuber || The Federal Circuit recently supported the PTO’s authority to overrule a judicial decision on patent claim validity. In In re Baxter Intl., Inc., 673 F.3d 1357 (Fed ...

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Intriguing Leaf Management Patents from

As fall moves into full swing in some parts of world, trees change from their summer color of green to another shade, typically somewhere between yellow and red. In the Rocky Mountain area, thanks to ...

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USPTO Extends First-To-File Comment Period To November 5, 2012 from

The USPTO has announced that it has “reopened” the comment period for the proposed implementing regulations for the first-to-file provisions of the America Invents Act (“AIA”) which take effect March 16, 2013.  Public comments now ...

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Honey, Let Me Tell You About What I Learned About Patents Today from

Nobody ever goes home and says, honey, let me tell you about what I learned about patents today.” ~Charles Duhigg, New York Times reporter Terry Gross of NPR’s Fresh Air program did a segment ...

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