Patent & IP news for March 29, 2010

Patent Litigations

USPTO Stats

6,417
published
appl'ns
4,852
granted
patents
201
ptab
decisions

Patent & IP Blogs

post image Panel Disagrees Regarding Use of Incorporation by Reference to Identify Structure for Means-Plus-Function Claims from www.grayonclaims.com

Pressure Products Medical Supplies, Inc. v. Greatbatch Ltd. (Fed. Cir. Mar. 24, 2010)

In this case, a split Federal Circuit panel reversed a district court's claim construction that was amended during trial.  The patent ...

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post image Apple Buys iPad Trademark From Fujitsu from www.iptrademarkattorney.com

Only days away from Apple's launch of its new iPad product, it has purchased the iPad trademark from Fujitsu. When Apple announced the product's iPad mark, Fujitsu quickly laid claim to the trademark ...

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post image Definitely Woolly Bully from www.patenthawk.com

Enzo sued Applera (and Tropix) for infringing six patents "directed to various techniques for labeling and detecting nucleic acids, such as DNA and RNA." Enzo conceded non-infringement of 5,082,830 based upon claim construction ...

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post image DRMs in the draft Copyright Amendments from spicyipindia.blogspot.com


Recently, we’ve had a well written guest post by Amlan Mohanty, wherein he discusses several conceptual and practical problems with laws for the anti-circumvention of technological measures. As pointed out in the post, India ...

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post image A fable for modern times: the Fox and the Newzbin from ipkitten.blogspot.com

Hot off the press this morning is a seminal judgment of Mr Justice Kitchin, of the Chancery Division of the High Court for England and Wales, in Twentieth Century Fox Film Corporation and others v ...

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post image Pat Lit Weekly: FedEx Sends Scott Harris Patent Packing from thepriorart.typepad.com

This week, a Scott Harris patent bites the bar-code dust, for now. And a close look at how it made its way from application to the courtroom shows how a lawyer-inventor was able to claim ...

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post image "Advantage Becker ..., er, Barbara, that is ..." from ipkitten.blogspot.com

Having been quite puzzled both by the reasoning and the result of the Court of First Instance's decision in Case C‑51/09 P Barbara Becker, the IPKat is heartened by the Advocate General ...

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post image Communicate Your Value: Weekly Update from intellogist.wordpress.com

Recently the Intellogist crew has been pondering social media with relation to what we (and you, gentle reader) do for a living: searching and analyzing patent data.   Everyone who maintains a professional social media presence ...

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post image The Relevance of Invention Date in Patent Prosecution: Part VI (BPAI Decisions) from www.patentlyo.com

This is Part VI of my series on the relevance of the invention date in patent prosecution. You may download my entire paper here. * * * * * Measuring the Success of Attempts to Swear Behind Prior Art: BPAI...

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In re Arora (Fed. Cir. 2010) from www.patentdocs.org

By Donald Zuhn -- Earlier this month, the Federal Circuit, in In re Arora, affirmed a decision of the Board of Patent Appeals and Interferences affirming the rejection of claims 11-16 of Appellant Arun Arora's ...

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Federal Circuit’s Ariad case offers cautionary words for the use of broad terms in patent claim from ipspotlight.com

The Federal Circuit’s recent opinion in Ariad Pharmaceuticals v. Eli Lilly & Co. held that the Patent Act’s written description and enablement requirements are separate and distinct requirements.   In particular, the court stated that ...

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The Relevance of Invention Date in Patent Prosecution: Part VI (BPAI Decisions) from www.patentlyo.com

This is Part VI of my series on the relevance of the invention date in patent prosecution. You may download my entire paper here. * * * * * Measuring the Success of Attempts to Swear Behind Prior Art: BPAI...

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Eastern District of Texas Limits Number of Patent Claims and Prior Art References Asserted in Case from docketreport.blogspot.com

Defendants' motion to limit the number of claims was granted in part and plaintiff was ordered to reduce its claims from 183 to 50 despite plaintiff's argument that claim construction had not yet occurred ...

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Revisiting the Blair Affair at the Times from ipbiz.blogspot.com

In a piece titled Boyd's tragic, turbulent Times, Howard Kurtz re-visits the Jayson Blair Affair, as adjusted through the posthumous book of Gerald Boyd, "My Times in Black and White." Boyd was managing editor ...

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Despite Low Participation, PTO Set to Expand Peer-to-Patent Program from inventivestep.net

In a somewhat bizzare announcement last week, PTO Director David Kappos announced that the PTO is set to expand the Peer-to-Patent Program that has not been accepting new applications for about 9 months.  At a ...

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Losing solar? from www.athenaalliance.org

On Friday, BP (formerly British Petroleum) announced it would be closing its solar panel manufacturing plant in Fredrick Maryland, while leaving its sales office, project development and R&D; facilities in place. At first glance ...

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Incomplete account of Sikes' Prius event from ipbiz.blogspot.com

On March 24, Eric Loveday wrote:

However, his account of the events has not been confirmed yet. Indeed, Toyota and the NTHSA have said that the facts appear to be leaning against his story, as ...

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USTR Names New Ambassador To WTO; Ag Negotiator from www.ip-watch.org

Two officials have been appointed to the Office of the United States Trade Representative: Michael Punke as deputy USTR and permanent representative to the World Trade Organization in Geneva, and Isi Siddiqui as the new ...

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Aligning Unions with the Knowledge Economy from hallingblog.com

The importance and influence of unions has declined dramatically over the last thirty years. W Is there a way that unions, especially blue collar traditional unions, can increase their membership, align themselves with the knowledge ...

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Software Patents and Murphy’s Law: Uncertainty is Where Patentability Resides from www.ipwatchdog.com

When embarking on a software development project it is critical to understand that in order to maximize the chance of obtaining a patent you need to approach the task with an engineering mind set, as ...

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Google AdWord Rapid Response seminar: the video! from ipkitten.blogspot.com

Following the IPKat's Rapid Response seminar on the ruling last week of the Court of Justice of the European Communities in Google France v Louis Vuitton etc (reported here), the Kats are pleased to ...

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Demonstrating a dumb invention to a US President? from ipbiz.blogspot.com

Previously, IPBiz discussed an episode of NCIS involving jet packs, and patents on jet packs:

The Jan 5, 2010 episode of NCIS (titled "Ignition") introduces a lawyer character named M. Allison Hart (played by Rena ...

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Pat Lit Weekly: FedEx Sends Scott Harris Patent Packing from thepriorart.typepad.com

This week, a Scott Harris patent bites the bar-code dust, for now. And a close look at how it made its way from application to the courtroom shows how a lawyer-inventor was able to claim ...

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Book Review Monday: The Secrets to Winning Trade Secret Cases from www.patentbaristas.com

Trade secrets often represent the most valuable assets of certain companies.  The value of trade secrets continues to grow in our information-age economy as does the mobility of the work force. Both forces are increasing ...

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Word density from leethomason.com

Why is that parties are limited to only so many words or pages, or density of type when pleading a cause, but courts can use unlimited pages to set out their decisions.  Presumably, the pleader ...

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Callaway Loses Bid for $246 Million Patent Damages from www.infringementupdates.com

The following is excerpted from an article by Phil Milford and Jef Feeley of Bloomberg News in the March 29, 2010 San Diego Daily Transcript: Callaway Golf Co. (NYSE: ELY), the maker of Big Bertha ...

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Jaron Lanier: the Father of Virtual Reality technology speaks at Canadian Music Week from www.iposgoode.ca

Nathan Fan is a JD candidate at Osgoode Hall Law School. At this year’s Canadian Music Week International Breakfast event, Jaron Lanier had a few moments to call upon his audience of fellow music ...

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Workshop on Media Suppression from www.iposgoode.ca

Stuart Freen is a JD candidate at Osgoode Hall Law School. On Tuesday, March 16, IP Osgoode and the Nathanson Centre on Transnational Human Rights, Crime and Security jointly hosted the Workshop on Media Suppression ...

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Judge rules that genetic patents are invalid in ACLU lawsuit against Myriad from thepriorart.typepad.com

Last year, several doctors' groups, together with the ACLU and Public Patent Foundation, filed a lawsuit seeking to invalidate patents on two genes related to breast cancer, owned by Utah-based Myriad Genetics. The lawsuit is ...

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DataTreasury Gets $27M Jury Verdict on Joint Infringement Theory from 271patent.blogspot.com

On Friday, the first of three infamous DataTreasury patent litigations concluded with the jury returning a verdict in favor of DataTreasury for $27 million dollars.  The jury found that none of the claims of the ...

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Statistics on how often BPAI finds swear-behind declaration sufficient from allthingspros.blogspot.com

Yesterday I mentioned a new post on PatentlyO discussing some pro's and cons of swear-behind practice. More relevant stuff at PatentlyO: a new post (here) with statistics showing how often BPAI finds swear-behind declaration ...

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Effect of arguing claims as a group on prosecution estoppel from allthingspros.blogspot.com

Takeaway: Arguing claims as a group can be risky, inviting the court to find that those arguments apply to all claims in the group, even when the claim language differs. But in Seachange International, Inc ...

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Not a Sweet Result for Myriad Genetics from 37thoughts.wordpress.com

In Association for Molecular Pathology v. U.S. Patent and Trademark Office [PDF], Judge Robert Sweet of the Southern District of New York was asked to rule certain claims from Myriad Genetics’s patents invalid ...

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False Patent Marking Bill Introduced in the House from www.patentdocs.org

By Donald Zuhn -- On Thursday, Rep. Darrell Issa (R-CA) introduced a bill in the House (H.R. 4954) that would amend 35 U.S.C. § 292(b) to permit "[a] person who has suffered a ...

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EPO Search Fees Set to Decrease on April 1, 2010 from www.patentdocs.org

By Christopher P. Singer -- The U.S. Patent and Trademark Office sent out an e-mail alert on March 26, 2010 advising that it has been informed by the International Bureau of the World Intellectual Property ...

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