Patent & IP news for March 25, 2010

Patent Litigations

USPTO Stats

6,417
published
appl'ns
4,852
granted
patents
141
ptab
decisions

Patent & IP Blogs

post image Guest Post: Note on the Proposed Amendments to the Indian Copyright Act: Technological Protection in Measures/ Digital Rights Management from spicyipindia.blogspot.com


We are glad to bring to our readers a fresh perspective by Amlan Mohanty, a second year student of the National Law School of India University, Bangalore. He has previously published on the blog of ...

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post image Keywords again -- but this time Google's not a party from ipkitten.blogspot.com

The IPKat has just taken a look at Case C-278/08 Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmüller GmbH v Günter Guni and trekking.at Reisen GmbH, a reference for a preliminary ruling from ...

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post image Da Vinci Institute: Night with a Futurist from hallingblog.com

Dale Halling will be speaking at the Night with a Futurist event at the Da Vinci institute on April 5, 2010 at the Madcap theater.   As a patent attorney, Dale Halling deals with start-up entrepreneurs ...

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post image Preamble from www.patenthawk.com

"In July of 1990, Jeffrey and Claudia Griffin conceived of the idea of using a scratch-off label to mark beverage containers and cups so that attendees of a gathering or party could keep track of ...

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post image Learn Practical Patent Analysis: A Case Study from intellogist.wordpress.com

Today, based upon some suggestions from readers, I wanted to introduce a case study that I hope to discuss over several blog posts.  What’s more, my hope is to get you, the reader, involved ...

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post image Federal Circuit Disregards Claim Preamble in Holding Claim Invalid as Anticipated from inventivestep.net

On Monday, the Federal Circuit continued the confusion surrounding the law on how to interpret the preamble of a claim.  The court decided, in a 2-1 decision, that the preamble of the claim in Marrin ...

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post image “Hey Ya’ll!” Chef Paula Deen Sued For Trademark Infringement Over “Butter Bell” from www.iptrademarkattorney.com

Santa Ana, CA – The Southern-style chef Paula Deen has made “Hey Ya’ll!” her trademark phrase on the Food Network, while refusing to make anything remotely healthy that excludes her beloved butter, cheese, and fried ...

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post image USPTO to Hold Independent Inventors Roundtable at Alexandria Headquarters from www.patentabilityblog.com

David Kappos, Director of the United States Patent and Trademark Office (USPTO) will host a roundtable for independent and small entity inventors on Monday, March 29 from 4:30 to 5:30 pm.  The event ...

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post image The Pirate Party Responds from ipkitten.blogspot.com

Following his post about the UK Pirate Party's recently announced manifesto, at which a few of the IPKat's readers threw some well-aimed comments, the PPUK's prospective parliamentary candidate for Worcester, Andrew Robinson ...

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post image Lee, BIO 2010 and global biotech innovation investment and jobs from thinkipstrategy.com

He's busy, but always has time for a chat.  So please do arrange to meet at BIO with Lee Caffin, our head of pharma and biotech.

In other news, and because I have been ...

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Spicy IP Tidbit: US Court rules that all non-US copyright owners must register their Copyright from spicyipindia.blogspot.com

Some useful information for all non-US copyright holders who may need to file a suit in the US for copyright infringement:

An article on Mondaq by James Trigg and Harris W. Henderson, points out an ...

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Right To Food Mandate Renewed By UN Agency from www.ip-watch.org

The UN Human Rights Council yesterday extended the mandate of the Special Rapporteur on the right to food for three years. The resolution, A/HRC/13/L.17, adopted without a vote, requests that the ...

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

This is Part II of my series on the relevance of the invention date in patent prosecution. You may download my entire paper here. * * * * Using the USPTO PAIR electronic database, I obtained biographical data for ...

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Pay-for-Delay Pharma Deals Not Banned from www.infringementupdates.com

The following is excerpted from the March 24, 2010 post at BUSINESS Casual: The Financial Times reports that “a proposal backed by President Barack Obama that would have banned multibillion-dollar deals between big pharmaceutical companies ...

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A New Proposal to Protect Canadian Musicians: The iPod Levy from www.iposgoode.ca

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. Along with the large amount of copyrighted music that gets copied in Canada without compensating the musician, there are attempts to make sure that ...

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A Patent Conversation with Cheryl Milone of Article One Partners from www.ipwatchdog.com

Whatever your opinion of the business model, it is impossible to ignore the fact that Cheryl Milone has turned Article One Partners a major player in the patent research field. Article One is attracting big ...

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Court's Prior Experience With Patents and Technology "Weigh Heavily Against Transfer" from docketreport.blogspot.com

Defendants' motion to transfer was denied. "This Court previously adjudicated a lawsuit involving the same patents with the same plaintiff. In that prior case, this Court construed twenty-five patent terms. Defendants argue that reexamination proceedings ...

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Patent Office Fee Changes – Two Opposite Approaches from info.inoviaip.com

Proposed Changes in the USPTO

In 2009, the USPTO faced both an 8% budget decrease from the previous year ($1.43 billion vs. $1.31 billion) and the pressure of reducing an ever-growing backlog of ...

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Miss a Date: $250 Million . . . from www.patentlyo.com

Encyclopaedia Britannica v. Dickstein Shapiro (D.D.C. 2010) EB sued a host of defendants in 2006-2007 for patent infringement. On summary judgment, the district court found the patents invalid -- holding that they did not ...

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

This is Part III of my series on the relevance of the invention date in patent prosecution. You may download my entire paper here. This part considers the role of provisional patent applications as an ...

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Miss a Date: $250 Million . . . from www.patentlyo.com

Encyclopaedia Britannica v. Dickstein Shapiro (D.D.C. 2010) EB sued a host of defendants in 2006-2007 for patent infringement. On summary judgment, the district court found the patents invalid -- holding that they did not ...

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Ropes & Gray: copying patents legal and ethical? from ipbiz.blogspot.com

A post by Brian Baxter notes Ropes & Gray filed a motion on March 23 to dismiss under FRCP 12(b)(6) the Cold Spring Harbor Lab [CSHL] malpractice suit, with Baxter including the text:

Ropes ...

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8th Circuit allows franchisor to register trademark that was first used by licensee from ipspotlight.com

In  Pinnacle Pizza Inc. v. Little Caesars Enterprises (8th Cir. Mar. 22, 2010), the U.S. Court of Appeals was faced with a dispute filed by Pinnacle Pizza, a South Dakota-based Little Caesars Pizza franchisee ...

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What's in your preamble? from ipbiz.blogspot.com

Judge Newman's dissent in Michael Marrin begins:

I respectfully dissent, for the court has misunderstood the law of “anticipation” and
has misapplied the rules of claim construction.


What's at issue is the impact ...

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