Patent & IP news for March 8, 2010

Patent Litigations

USPTO Stats

8,199
published
appl'ns
4,562
granted
patents
97
ptab
decisions

Patent & IP Blogs

post image Monday miscellany from ipkitten.blogspot.com

"Legal Rights for Yorkshire Puddings" is the slightly misleading title of a news item spotted by the IPKat's friend Sang Nkhwazi (Mancunium IP), since the rights are actually being sought for those who believe ...

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post image Brazil retaliates against United States from ipkitten.blogspot.com

Brazil has outlined the details of its retaliation against the United States, following the latter's refusal to comply with a World Trade Organization ruling that it had wrongly subsidised its local cotton production, preventing ...

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post image False Marking Statistics from docketreport.blogspot.com

The chart below lists all plaintiffs that have filed a minimum of 4 False Marking cases. For a full listing of these cases as well as articles discussing them, please see Gray on Claims.

The ...

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post image E-books and the Challenge of Price from ipfinance.blogspot.com

The Apple announcement of the iPad tablet has raised the question whether the hardware portion of the e-book market will be dominated by a dedicated reader or a multi-purpose device with e-book functionality. In addition ...

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USPTO Releases First Issue of Inventorseye from www.patentdocs.org

By Sarah Fendrick -- Last month, the U.S. Patent and Trademark Office released the first issue of inventorseye. Inventorseye is a bimonthly publication released by the USPTO in an effort to provide the necessary resources ...

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Patent Profile: Athersys Obtains U.S. and European Patents for Non-Embryonic Multipotent Stem Cells from www.patentdocs.org

By James DeGiulio -- On February 9th, Athersys, Inc. was issued U.S. Patent No. 7,659,118 covering multipotent adult stem cells (MASC), their isolation and expansion, and related pharmaceutical compositions. In a February 10 ...

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Court Report from www.patentdocs.org

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Schering Corp. et al. v. Teva Pharmaceuticals USA, Inc. et al. 2:10-cv-01058; filed March 2 ...

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USPTO Releases First Issue of Inventorseye from www.patentdocs.org

By Sarah Fendrick -- Last month, the U.S. Patent and Trademark Office released the first issue of inventorseye. Inventorseye is a bimonthly publication released by the USPTO in an effort to provide the necessary resources ...

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Patent Profile: Athersys Obtains U.S. and European Patents for Non-Embryonic Multipotent Stem Cells from www.patentdocs.org

By James DeGiulio -- On February 9th, Athersys, Inc. was issued U.S. Patent No. 7,659,118 covering multipotent adult stem cells (MASC), their isolation and expansion, and related pharmaceutical compositions. In a February 10 ...

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Is there Copyright in Choreography? from www.iposgoode.ca

Virgil Cojocaru is a JD candidate at Osgoode Hall Law school. Choreography is about dance moves. It is the arrangement of dance moves, usually in patterns, accompanied by music. Are these dance moves protected by ...

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“Purposive Construction”: Has certainty been compromised? from www.iposgoode.ca

Heather Hui-Litwin is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. In patent litigation, claim construction is an extremely important aspect in the analysis of a patent. Findings of ...

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Appellate Judge Excludes Damages Theory from Patent Trial from www.infringementupdates.com

The following is excerpted from a March 5, 2010 Morgan Lewis Intellectual Property Lawflash: As is known among many in the intellectual property field, Judge Randall R. Rader, of the U.S. Court of Appeals ...

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Handling plagiarism accusations from ipbiz.blogspot.com

In a comment to an article titled Could Plagiarism Software Have Spared The Times an Embarrassment? , one had text concerning the response of Bill Keller of the New York Times to the plagiarism by Zachery ...

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Albania Accedes to the EPO from dailydoseofip.blogspot.com

On Wednesday, March 3, 2010, the European Patent Office (EPO) announced that the Government of the Republic of Albania had deposited its instrument of accession to the European Patent Convention (EPC) on February 11, 2010 ...

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OLEDs and TechnoCorp Energy and how to value patents from ipbiz.blogspot.com

Once upon a time, the Kodak patent estate in OLEDs was viewed by some as an 800 pound gorilla in the room that no one wanted to acknowledge. Kodak sold its OLED patent estate in ...

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TechDirt on the Coalition for Patent Fairness: facts not a strong suit from ipbiz.blogspot.com

In a comment on TechDirt to a post Patent Reform Bill Released: More Of The Same , Mike Masnick wrote in response to certain statements of Ron Riley:

--[Riley] There is nothing good in the bill ...

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Time Flies and a Community Emerges! from intellogist.wordpress.com

For as long as I can remember, I’ve heard people say, “the older you get the faster time flies.” I had no idea what they meant until recently when I begin to notice the ...

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Evidence Of Litigation-Induced License Agreements Should Not Be Excluded From Trial from docketreport.blogspot.com

The court denied defendants' motion in limine to "preclude Plaintiff from offering evidence of litigation-induced licensing agreements, including any related consent decrees and judgments as well as communications related thereto, as evidence of the value ...

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Brazil Issues US Retaliation List; Open To Talk from www.ip-watch.org

Today the Brazilian government published a list of US goods that will be subject to higher import taxes when entering Brazil, according to a press release. This follows a WTO dispute settlement decision giving Brazil ...

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Global Fund Reports On Progress Toward UN Health Goals from www.ip-watch.org

The United Nations goal of eliminating mother-to-child transmission of HIV/AIDS is within reach, the Global Fund to Fight AIDS, Tuberculosis and Malaria said in a progress report released today.

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Brazil Issues US Retaliation List; Open To Talk from www.ip-watch.org

Today the Brazilian government published a list of US goods that will be subject to higher import taxes when entering Brazil, according to a press release. This follows a WTO dispute settlement decision giving Brazil ...

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Tactics and defences in OSS patent disputes from patlit.blogspot.com

"(Mis-)Use of Patents in Open Source Software and Open Standards: An Evaluation of Tactics and Defences under Intellectual Property and Competition Law" is the title of an unpublished paper, by Nikolaos Volanis and Nikolaos ...

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Deficits, growth and intangibles from www.athenaalliance.org

Over at Forbes, Bruce Bartlett has an cogent discussion of the federal deficit and debt (How Much Does The National Debt Matter?). In the piece, he talks about whether we can grow our away out ...

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No breadcrumb trail? from ipbiz.blogspot.com

A story on Nokia's piezoelectric / energy recovery patent application includes the following text:

How seriously Nokia — which has a history of pursuing environmentally minded projects — is taking the idea is unclear, though the patent ...

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Ajinomoto v. ITC from gordononpatentcases.blogspot.com

The patents in this Section 337 action related “to improved methods of producing L-lysine (‘lysine’) by cultivating Escherichia bacteria that have been genetically engineered to produce and accumulate greater quantities of lysine than naturally occurring ...

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Having Won Appeal, Pitt Appeals Again from www.patentlit.com

2010-1155 Univ. of Pittsburgh v. Varian WD/PA 07-cv-0491 Judge Arthur Schwab Pitt appeals from the order of Judge Schwab dismissing its complaint without prejudice instead of allowing it to file an amended complaint alleging ...

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Thunderstorms on the Horizon for Cloud Computing from feeds.lexblog.com

With the U.S. economy still reeling from the aftershock of what is now known as the “Great Recession,” companies large and small are evaluating cloud computing as a means of reducing IT costs. The ...

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Patent Reform Act of 2010: An Overview from www.patentlyo.com

The Senate has revived interest in the patent reform act with a substitute bill entitled the "Patent Reform Act of 2010." The new bill is very similar to its predecessor, the Patent Reform Act of ...

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Thunderstorms on the Horizon for Cloud Computing from www.iplawalert.com

With the U.S. economy still reeling from the aftershock of what is now known as the “Great Recession,” companies large and small are evaluating cloud computing as a means of reducing IT costs. The ...

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Greenshift Seeks Quick Injunction Against Cardinal Ethanol from greenpatentblog.com

In a previous post, I wrote about GreenShift Corporation’s (GreenShift) patent suit against GEA Westfalia Separator, Inc. (Westfalia), in which GreenShift accused the New Jersey-based separator and decanter maker of infringing U.S. Patent ...

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First to Disclose: A Caveat to the Patent Reform Act of 2010 from www.patentlyo.com

David French has been writing about the proposed change to a first-to-file system in the Patent Reform Act of 2010. Mr. French was closely involved with Canada's 1989 switch to a first-to-file system. Rather ...

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Patent Reform Act of 2010: An Overview from www.patentlyo.com

The Senate has revived interest in the patent reform act with a substitute bill entitled the "Patent Reform Act of 2010." The new bill is very similar to its predecessor, the Patent Reform Act of ...

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Ex parte Martinez: BPAI determines that reference's X teaches claimed "pseudo-X" from allthingspros.blogspot.com

Takeaway: In Ex parte Martinez, the Board agreed with the Examiner that generating a "nonmaskable interupt" was anticipated by the reference's generating a "nonmaskable pseudo interrupt." The Appellant argued that a "pseudo interrupt" was ...

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IPWatchdog Responds to InventHelp Lawsuit from www.ipwatchdog.com

have retained the services of Hiscock & Barclay. Michael Oropallo has filed an appearance and is the lead attorney. In a nutshell, we moved to dismiss the case, with a Motion to Dismiss hearing scheduled for ...

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Ex parte Martinez: BPAI determines that reference's X teaches claimed "pseudo-X" from allthingspros.blogspot.com

Takeaway: In Ex parte Martinez, the Board agreed with the Examiner that generating a "nonmaskable interupt" was anticipated by the reference's generating a "nonmaskable pseudo interrupt." The Appellant argued that a "pseudo interrupt" was ...

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Claim vitiation from www.717madisonplace.com

While the oral argument from Cross Medical Products v. Sofamor Danek, 480 F.3d 1335 (Fed. Cir. 2007) is somewhat dated, it is pretty interesting in regard to the doctrine of claim vitiation.  Much of ...

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Workshop on Media Suppression – 16 March 2010 from www.iposgoode.ca

On March 16, IP Osgoode and the Nathanson Centre on Transnational Human Rights, Crime and Security are presenting a workshop on “Media Suppression: Life and Livelihood”. This unique half-day workshop will touch on topics such ...

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I’m Still Your Baby: Canada’s Continuing Support of U.S. Linkage Regulations for Pharmaceuticals from www.iposgoode.ca

Ron A. Bouchard is an Associate Professor in the Faculties of Medicine & Dentistry and Law, University of Alberta.  Professor Bouchard has a new article available on SSRN and describes it below. One of the most ...

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