Patent & IP news for September 9, 2009

Truth or costs savings: dealing with a tired, unwell and confused witness from patlit.blogspot.com

PatLit missed this Patents Court decision of Mr Justice Arnold of 15 June 2009 at the time, but it throws some light on the relationship between the treatment of witness evidence and the desire to ...

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YouTube Tears Up the Play Book: High Noon or Rising Sun? from ipfinance.blogspot.com

As I gear up for the fall semester of my MBA course, the pedagogical word for the moment is "tearing up the playbook". That wonderful piece of imagery, taken from the world of team sports ...

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Not enough to make a Kat laugh ... from ipkitten.blogspot.com

It's sometimes said that cats have no sense of humour, a proposition that the Kats would keenly dispute. However, every so often something happens that makes one of them pause for reflection. One such ...

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Guest Post: The Jamnagar Petrol GI Case from spicyipindia.blogspot.com

SpicyIP is delighted to bring you a guest post from Latha R Nair, a leading IP practitioner in India. Ms Nair, who has written occasionally for the blog, is a partner with one of India ...

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Patently-O Bits and Bytes from www.patentlyo.com

Law Student Scholarship: The Richard Linn American Inn of Court is sponsoring a newly established scholarship in honor of Mark T. Banner who died in 2008. Mark was a major force in the patent community ...

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The Copyright Office: Kind of Blue from spicyipindia.blogspot.com

The first phase of the "modernization of the Indian Copyright Office" is on track, with the Office sporting a new blue online avatar. Long long overdue, is all I have to say. The domain name ...

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Petrified Wood from www.patenthawk.com

Carpenter Ron Nystrom has been trying to beam Trex and others with 5,474,831, claiming a wood flooring. In his first suit against Trex, he lost on claim construction, appealed, got a remand, but ...

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$125m in the kitty, but who will get the cream? from ipkitten.blogspot.com

On Monday Google announced during a European Commission hearing in Brussels that it will exclude from the US Google Book Settlement all European books that are still commercially available [Note only those that are “commercially ...

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The Community plant variety system: how much does it cost? from ipfinance.blogspot.com

One aspect of IP finance that this weblog rarely considers is the cost of system maintenance. In this regard, the European Commission's Official Journal website has just furnished us with some interesting data. Today ...

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Process or Product? Recent Product-by-Process Case May Pose Problems for Innovators from www.iposgoode.ca

The U.S. Court of Appeals for the Federal Circuit recently ended much of the debate surrounding product-by-process claims in Abbott Laboratories v. Sandoz, Inc., but arguably created a new debate. The court overruled an ...

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Delay Seeking Certificate of Correction May Support Laches Defense from docketreport.blogspot.com

The magistrate judge recommended denying plaintiff's motion for summary judgment as to defendant's laches defense, finding fact issues with respect to both the reasonableness of delay (both in filing the lawsuit and correcting ...

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Non-Commercial Groups Oppose Changes In ICANN Committee from www.ip-watch.org

Structural reforms within the Internet Corporation for Assigned Names and Numbers (ICANN) that altered the representation of non-commercial interests of internet users in ICANN policy development are “seriously flawed,” according to the body’s non-commercial ...

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Dishonest Roll Call Editorial on Follow on Biologics from www.ipwatchdog.com

Earlier today James Love and James Glassman published what can only be described as an intellectually dishonest op-ed piece on RollCall.com. The two James either simply do not understand patent law, the biologics legislation ...

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BIO News Conference: Biotech Will Lead Healthcare and Energy Reform from www.patentbaristas.com

Biotechnology Industry Organization (BIO) President and CEO Jim Greenwood held a press conference today on the issues facing the biotech industry this fall, namely, the healthcare reform going on and the energy/climate issues. Greenwood ...

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Malaysian court rules against McDonald’s in “McCurry” trademark dispute from ipspotlight.com

Malaysia’s highest court has ended an eight-year trademark dispute between fast food giant McDonald’s and local restaurant McCurry. In April, Malaysia’s appeals court overturned a lower court decision and ruled that McCurry ...

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Willfulness Can Still Be Pled Even If Preliminary Injunction Is Not Sought from 271patent.blogspot.com

When the Federal Circuit issued its Seagate decision on willful infringement, the court stated the following on post-filing willfulness:

It is certainly true that patent infringement is an ongoing offense that can continue after litigation ...

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