Patent & IP news for March 24, 2010

Patent Litigations

USPTO Stats

6,701
published
appl'ns
4,852
granted
patents
141
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Patent & IP Blogs

post image Guest Post: Commercial Disparagement: Call for a Cost-Benefit Analysis? from spicyipindia.blogspot.com

We bring you a guest post by Kartik Khanna a very promising student of the second year of NUJS, Kolkata. He is presently a member of the NUJS Moot Court Society and has also won ...

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post image SpicyIP Tidbits: Bollywood survives TM attempts in US & Germany from spicyipindia.blogspot.com

Today's tidbit is specially for Hindi film buffs, and will be of particular interest to those who, like myself, have strong views on references to the "Bollywood" film industry.

Happiness in USA!

SpicyIP reader ...

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post image Intervening Rights & The Substantially Identical Standard from www.patentspostgrant.com

–A Glitch in the Matrix?–

As noted in Part I of our series on intervening rights, claim amendments in reexamination and/or reissue at the USPTO may create absolute and/or equitable intervening rights. Although ...

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post image Have Marvel Superheroes Met Their Copyright Match? from ipkitten.blogspot.com

After a week in intense trial mode, it is great for this Kat to get his life back once again. No sooner had I sent back to the archives the last of the boxes than ...

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post image Classified Information: Patent Searching by Classification Part 2 from intellogist.wordpress.com

Last week I introduced patent classification searching and gave reasons why it is still relevant in today’s keyword-centric search environment. Think about patent classification searching as if you were going to a library and ...

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post image Enabling Written Description from www.patenthawk.com

Ariad sued Eli Lilly over 6,410,516. Trial found a valid patent infringed. A first appeal "held the asserted claims invalid for lack of written description." "Ariad petitioned for rehearing en banc, challenging this ...

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Reader Survey: How Has the Recession Impacted Your Patent Practice? from www.patentdocs.org

By Donald Zuhn -- Earlier this year, we released our annual list of top biotech/pharma stories (see "Top Stories of 2009: #4 to #1"). At the top of our list, we placed the biotech/pharma ...

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Reader Survey: How Has the Recession Impacted Your Patent Practice? from www.patentdocs.org

By Donald Zuhn -- Earlier this year, we released our annual list of top biotech/pharma stories (see "Top Stories of 2009: #4 to #1"). At the top of our list, we placed the biotech/pharma ...

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Reader Survey: How Has the Recession Impacted Your Patent Practice? from www.patentdocs.org

By Donald Zuhn -- Earlier this year, we released our annual list of top biotech/pharma stories (see "Top Stories of 2009: #4 to #1"). At the top of our list, we placed the biotech/pharma ...

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Google books does a sikahema from ipbiz.blogspot.com

LBE sent a friend a link to a certain book on carbon (available through Google books), emphasizing the text on page 251 of the book, which was available and which LBE had just read. By ...

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The Relevance of Invention Date in Patent Prosecution: Part I from www.patentlyo.com

I am traveling over the next few days and so I pre-wrote a handful of blog posts relating to an article that I wrote for the Michigan Telecommunications & Technology Law Review (MTTLR). The article has ...

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Compulsory licensing of green technology: positive development or positively disastrous? from www.iposgoode.ca

Jonathan Odumeru is a JD candidate at Osgoode Hall and is taking the Patent Law course. The group of 77 developing nations (G77), led de facto by China, has called for the implementation of a ...

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The Relevance of Invention Date in Patent Prosecution: Part I from www.patentlyo.com

I am traveling over the next few days and so I pre-wrote a handful of blog posts relating to an article that I wrote for the Michigan Telecommunications & Technology Law Review (MTTLR). The article has ...

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Revision of the International Patent Classification from britishlibrary.typepad.co.uk

Many changes have been introduced from January in the International Patent Classification (IPC), which is printed on most patent specifications and which can be used on databases to identify the...

(From Steve van Dulken's ...

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Trademark filings for 2010 indicate an economy on the rise from ipelton.wordpress.com

Are trademark filing statistics a good indicator of the overall US economy? Perhaps.  Certainly in tougher times, budgets tighten and filings decrease. The numbers have reflected that in the current recession, an in 2001-02, filings ...

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Business incubators and intangible assets from www.athenaalliance.org

Speaking of economic development (see previous posting), last week, the House Small Business Committee held a hearing on Business Incubators and Their Role in Job Creation (see Chairwoman's statement, witness statements, and video highlights ...

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UK Budget - quick review of IP-related announcements from ipfinance.blogspot.com

Two main points - plus some more investment in green technology, but that's not specifically aimed at new IP.

Following consultation on design, the Government will introduce a tax relief for the UK video games ...

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Guest Post: Protection of Folklore from spicyipindia.blogspot.com

We bring to our readers a guest post by Shyama Kuriakose, a Masters Student at the NALSAR, Hyderabad. She has extensively worked on matters relating to intellectual property law and environmental law during her internships ...

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Pat Choate: Technology Theft as a Business Strategy from hallingblog.com

Dr. Patent Choate has an excellent article in the Huffington Post, please read the full article, that shows that patent reform is really about patent theft by some of the largest technology companies.  As Dr ...

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Inequitable Conduct Expert Could Not Testify as to Materiality Absent Qualification as a Person Skilled in the Art from docketreport.blogspot.com

Defendants' motion to strike the report of plaintiff's inequitable conduct expert was granted to the extent the report addressed "the duty of candor and good faith to the USPTO." "Defendants argue this testimony should ...

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CorporateCounsel.com Names Top 10 IP Litigation Wins of 2009 from www.ipwatchdog.com

The victories selected represent a diverse array of wins, which a press release announcing the Top 10 list says is due to "the differing objectives of IP litigation today." These victories range from multimillion-dollar jury ...

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Ariad En Banc: Written Description Requirement Is Separate From Enablement from www.patentbaristas.com

In Ariad v. Eli Lilly & Co., the Court of Appeals for the Federal Circuit set out a split decision on a case addressing patent validity and enforceability issues where Lilly contends that the asserted claims ...

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Does Health Care Bill Signal End of American Empire? from hallingblog.com

Here is an interesting article.  David Murrin suggests that the passage of the health care bill is a signal that not only is the American Empire coming to and end but it is the end ...

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They Invented What? (No. 164) from anticipatethis.wordpress.com

U.S. Pat. No. 5743272: Male nipple abrasion protector.

 

What is claimed is:

1. An inexpensive nipple protector for use on a human body to minimize abrasion on the nipple surface including: a base portion ...

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Document Security Systems' European Patent Validated from www.infringementupdates.com

The following is excerpted from a March 24, 2010 Document Security Systems' press release published at PRNewswire: Document Security Systems, Inc. (NYSE AMEX: DMC) ("DSS"), a leader in proven, patented protection against counterfeiting and unauthorized ...

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With Friends Like These ... from eyesonip.blogspot.com

The first order of business for a company sued for patent infringement is the selection of counsel.  Various factors weigh in the balance—cost, experience, location, familiarity with the court, familiarity with the plaintiff, and ...

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The Need for an “Enhanced” Enhanced First Action Interview. from anticipatethis.wordpress.com

 

Back in April 2008, the USPTO initiated a First Action Interview Pilot Program, in which an applicant who complied with certain requirements received the results of a prior art search conducted by the examiner, via ...

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En banc CAFC affirms written description; Ariad loses from ipbiz.blogspot.com

Ariad, MIT, Whitehead, and Harvard lost. The CAFC decision evokes URochester v. Searle: Ariad brought suit against Lilly on June 25, 2002, the day the ’516 patent issued. AND one finds URochester mentioned:

see LizardTech ...

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BPAI case law on swear-behind declarations (Part I) from allthingspros.blogspot.com

Takeaway: BPAI case law shows that a declaration simply stating that the invention was conceived or reduced to practice is not enough for a § 1.131 (swear-behind) declaration, even when coupled with exhibits. The declaration ...

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Biotech/Pharma Docket from www.patentdocs.org

By Suresh Pillai -- Settlement Announced in Carbatrol® Suit The U.S. District Court for the District of New Jersey has approved a settlement of the infringement suit between plaintiff Shire LLC and defendant Nostrum Pharmaceuticals ...

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Biotech/Pharma Docket from www.patentdocs.org

By Suresh Pillai -- Settlement Announced in Carbatrol® Suit The U.S. District Court for the District of New Jersey has approved a settlement of the infringement suit between plaintiff Shire LLC and defendant Nostrum Pharmaceuticals ...

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Global warming fears, founded or unfouded? from ipbiz.blogspot.com

US News has a post titled Did Climategate Expose Global Warming Fears as Unfounded? with pro and con positions presented. Joseph Romm arguing the con position began: Big Oil wants us to remain addicted to ...

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