Patent & IP news for January 26, 2010

Butters in court, as IP deal trumps public policy from ipkitten.blogspot.com

A news flash from London-based law firm Herbert Smith brings tidings that the Court of Appeal for England and Wales has today reversed the decision of Mr Justice Peter Smith in Butters and others v ...

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A little bit of background on Duncan from duncanbucknell.com

Oxford's Journal of Intellectual Property Law and Practice recently published an 'in person' piece on Duncan.

So, if you ever wanted to know his answers to any of the following, now's your chance ...

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Law Making, Bayh Dole and the Indian (Re)Public from spicyipindia.blogspot.com

Today, we celebrate the 60th anniversary of India's coming into existence as a "Republic", a date that many consider to be as important as the 15th of August 1947, when India finally shook off ...

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SpicyIP Tidbit: The Woes of the Grassroot Innovator in the Agricultural Sector from spicyipindia.blogspot.com

The Indian public discourse over innovation and intellectual property laws has often ignored the issues arising in the agricultural sector – a sector which affects more than 50% of the Indian population. Luckily for us Hindu ...

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Big surprise in Lego trade mark dispute: AG refers to logical business expectations from ipkitten.blogspot.com

This morning Advocate General Mengozzi delivered his Opinion to the Court of Justice of the European Union in a case eagerly followed by all parents of small children who enjoy playing constructively with their toys ...

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Restricted Reply from www.patenthawk.com

37 CFR § 41.37, on appeal briefs, fully covers regulation of arguments made on appeal: "Any arguments or authorities not included in the brief or a reply brief filed pursuant to § 41.41 will be ...

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'Genuine' use of a Community trade mark in just one country ... again! from ipkitten.blogspot.com

The IPKat's post on Friday ("When 'genuine' isn't genuine", here) has attracted a lot of interest. The notion that use of a Community trade mark in just one EU Member State might not ...

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Are you aware of IPEuropAware? from ipkitten.blogspot.com


Until today, the IPKat was not aware that there was a European-wide effort aimed at helping small and medium-sized enterprises (SMEs) protect their intellectual property, and certainly had no idea that such a thing might ...

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Patently-O Bits and Bytes No. 315: Reexaminations from www.patentlyo.com

Appealing Reexaminations: Rob Sterne has published a 25–page report on “Appeals from the Central Reexamination Unit.” For the 15 BPAI decisions in inter-partes reexaminations, Stern reports that only 15 inter partes reexaminations have reached ...

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Sun Tzu and the patent trolls from ipfinance.blogspot.com

David Wanetick (Managing Director, IncreMental Advantage) has written a little piece for IP Finance which readers may enjoy. He explains:

"Black Operations. Scorched Earth Campaigns. Preemptive Strikes. Fomenting Internal Unrest. Coalition Defenses. Trench Warfare.

These ...

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Restriction Requirements and Double Patenting from www.patentlyo.com

Boehringer Ingelheim Int’l v. Barr Labs and Mylan Pharma (Fed. Cir. 2010) This decision holds a terminal disclaimer cannot be effective if filed after the expiration date of the earlier patent. The decision expands ...

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Offshore IP holding companies - UK discussion document from ipfinance.blogspot.com

HM Treasury has published the discussion document on the future of taxation of controlled foreign companies. Of particular interest for companies with IP are the questions (pages 15-19) on how they should treat overseas companies ...

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Late Production of Financial Data Warrants Issue, Evidentiary & Monetary Sanctions from docketreport.blogspot.com

The magistrate judge recommended granting in part defendant's motion for issue, evidentiary, and monetary sanctions by (i) precluding plaintiff from claiming damages for four products (ii) precluding plaintiff from relying on financial data and ...

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EPO Survey To Address Uses of Patent Information from dailydoseofip.blogspot.com

The European Patent Office (EPO) has recently announced that it is launching a new follow-up survey to determine how the public does, or does not, use available patent information. As noted within the EPO’s ...

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The Linguistic and Trust Functions of Trademarks from www.iposgoode.ca

Ariel Katz is an Associate Professor at the Faculty of Law of the University of Toronto. Ariel holds the Innovation Chair in Electronic Commerce and is the Director of the Centre for Innovation Law and ...

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Invent Help Engaging in Unauthorized Practice of Law? from www.ipwatchdog.com

By now many in the patent and inventing community know that Invent Help has sued IPWatchdog, Inc., me personally and my wife Renee personally. The InventHelp complaint alleges, among other things, that IPWatchdog competes with ...

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Kappos: "The backlog will grow because the agency is shrinking." from ipbiz.blogspot.com

Reuters quotes USPTO Director David Kappos:

"The agency is going to shrink in size and there's just no possible way that any efficiencies that I can put together as the leader can overcome ... the ...

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