Patent & IP news for March 30, 2010
Patent Litigations
- Parallel Networks, LLC v. Abercrombie & Fitch Co. et. al. filed 2010-03-29 in Texas Eastern
- Promote Innovation LLC v. Ortho-McNeil Pharmaceutical, LLC filed 2010-03-29 in Texas Eastern
- Hy Cite Corporation v. Regal Ware, Inc. et. al. filed 2010-03-29 in Wisconsin Western
- Jake Lee v. Mike's Novelties, Inc. et. al. filed 2010-03-26 in California Central
- Man Machine Interface Technologies, LLC v. Philips Electronic North America Corporation filed 2010-03-26 in California Central
USPTO Stats
appl'ns
patents
decisions
Patent & IP Blogs
Innovation Professionals–Take Charge of Patents to Ensure ROI of Your Efforts (includes a case study) from ipassetmaximizerblog.com 
Innovation professionals must work closely with patent lawyers to ensure desired ROI of their efforts is achieved
Recently, I have been spending considerable time working with innovation professionals to demonstrate the value-creation opportunities available by ...
Telling a story about your brand from ipelton.wordpress.com A brand, including a trademark brand name, can be much more than just a name. The trademark can be part of a whole story told by a brand and its marketing.
Seth Godin who always ...
Plavix Exits Reexamination Unscathed from www.patentspostgrant.com Last Friday the USPTO issued a Notice of Intent to Issue a Reexamination Certificate (NIRC) for U.S. Patent 4,847,265, directed to the well known blood thinner Plavix.® The Plavix Patent was challenged ...
A simple structure for analysing your IP Strategy from thinkipstrategy.com Here's a simple structure for you to use in analysing your IP Strategy.
There are two main branches to Intellectual Property Strategy: (1) corporate IP Strategy and (2) product specific IP Strategy.
Corporate IP ...
Will The Federal Circuit’s Decision in Pequignot v. Solo Cup Co. Impact The Number of New False Marking Cases? from docketreport.blogspot.com In an earlier post we noted that 69% of the known false marking cases allege one or more expired patents as the basis for a false marking claim (“expired patent cases”). Interesting, but those numbers ...
Are your patent search strings confidential? from intellogist.wordpress.com Hello all,
I just wanted to pop in today to highlight a fascinating discussion that is going on in the Intellogist discussion forum. Our users are discussing the legal implications of using a third party ...
Myriad’s Loss, But Who’s Gain? from www.gonzagaip.org In a 152-page ruling Judge Sweet of the Federal District upheld challenges to Myriad’s patents by the American Civil Liberties Union, genetic researchers and several women who suffered from breast or ovarian cancers. The ...
Regulated from www.patenthawk.com Power-One sued Artesyn for infringing power supply regulator patents, particularly monitoring point-of-load (POL) regulators. A permanent injunction resulted, followed by Artesyn's appeal over claim construction, namely, "POL regulator", with a side of obviousness. The ...
Judges Invalidates Patent Claims on Breast Cancer Gene from blawgit.com Ding Ding
Round One in the watershed lawsuit over the patentability of human genes goes to the American Civil Liberties Union (ACLU) and breast cancer patients. In his ruling yesterday, Judge Robert W. Sweet of ...
Association of Molecular Pathology v. U.S. Patent and Trademark Office By Kevin E. Noonan -- Not surprisingly, Judge Robert W. Sweet of the Southern District of New York ruled in favor of the plaintiffs today ...
Association of Molecular Pathology v. U.S. Patent and Trademark Office By Kevin E. Noonan -- Not surprisingly, Judge Robert W. Sweet of the Southern District of New York ruled in favor of the plaintiffs today ...
Nassim Nasser is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Microsoft Corporation was, yet again, defeated when the United States Court of Appeal for the Federal Circuit ...
A New York federal court ruled yesterday that patents on genes associated with hereditary breast and ovarian cancer are invalid, in the first time a court decided that patents on genes are unlawful, according to ...
In Ariad v. Lilly, defenders of the written description requirement made two primary arguments: (1) that the text of the Patent Act and the accompanying jurisprudential history lead to the conclusion that the statute creates ...
Reuters notes that SecTran LaHood has called upon both NASA and the NAS/NRC to investigate the electronic throttle of the Toyota Prius, with Reuters noting the possible inadequacy of past review:
Both U.S ...
In Ariad v. Lilly, defenders of the written description requirement made two primary arguments: (1) that the text of the Patent Act and the accompanying jurisprudential history lead to the conclusion that the statute creates ...
Association for Molecular Pathology and ACLU v. USPTO and Myriad (S.D.N.Y. 2010) In a powerful move away from standard thoughts on patentability standards, the district court for the Southern District of New ...
U.S. District Judge Robert Sweet wrote in his opinion in the Myriad case: "Because the claimed isolated DNA is not markedly different from native DNA as it exists in nature, it constitutes unpatentable subject ...
New inventors are often looking for a short overview of the patent process. Ordinarily sending inventors to the United States Patent and Trademark Office (USPTO) web site is like sending someone into a great quagmire ...
The World Health Organization’s handling of the recent pandemic influenza outbreak will be examined by an independent panel of experts beginning in April. Meanwhile, new reports from the WHO are available on influenza and ...
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"Gossip is that the Supreme Court will be issuing its Bilski decision this
week," reported patent commentator Greg Aharonian in his Patent News email newsletter this morning. Similar rumors ...
Association for Molecular Pathology and ACLU v. USPTO and Myriad (S.D.N.Y. 2010) (Judge Sweet) In a powerful move away from standard thoughts on patentability standards, the district court for the Southern District ...
The following is excerpted from a March 26, 2010 McAndrews, Held & Malloy press release: In a presentation to intellectual property law attorneys April 9, McAndrews, Held & Malloy shareholder Herb Hart will outline his proposal for ...
Yesterday, the Treasury Department announced the second round of its Housing Finance Agency Innovation Fund for the Hardest Hit Housing Markets. The program was originally set up in mid-February to fund innovative state-level programs targeted ...
Yesterday, a federal judge invalided seven gene patents (see stories in the Wall Street Journal and New York Times). The case involved whether Myriad Genetics Inc. and the University of Utah Research Foundation patents covering ...
by Daniel Davidson For a company that has blissfully innovated technology in our world that we hold so dear to our hearts, Apple sure does lack innovation in naming of their products. Good thing that ...
On March 23, 2010 the World Intellectual Property Organization (WIPO) announced that more cybersquatting complaints were filed under procedures of the Uniform Domain Name Resolution Policy (UDRP) in 2009 than ever before. This WIPO article ...
Well, Judge Sweet has done what many had feared (hoped?) and teed up the gene patenting case for the Federal Circuit. In a 156 page opinion issued yesterday, he ruled that, as a matter of ...
Association for Molecular Pathology and ACLU v. USPTO and Myriad (S.D.N.Y. 2010) (Judge Sweet)
Yesterday, the Southern District of New York issued a controversial opinion in granting partial summary judgment that the ...
[Disclaimer: Apply grains of salt as needed to the following post, which discusses a ruling on a motion we filed on behalf of clients. Also, to be clear, we are speaking for ourselves here, not ...
There are two types of indirect patent infringement, inducement and contributory infringement. Learn what the difference is and how to recognize and avoid indirect infringement.
What is inducement of patent infringement?Inducement of patent infringement ...
There are two types of indirect patent infringement, inducement and contributory infringement. Learn what the difference is and how to recognize and avoid indirect infringement. What is inducement of patent infringement? Inducement of patent infringement ...
From today's opinion in Power-One, Inc. v. Artesyn Technologies, Inc., 08-1501(March 30, 2010):
Claims using relative terms such as “near” or “adapted to” are insolubly ambiguous only if they provide no guidance to ...
Unfortunately, the ACLU appears to have found an “ally” in Judge Sweet, who is the district court judge handling the AMP case. In my view, Judge Sweet has either been duped by the ACLU, or ...
I thought I would let you know about a new streamlined procedure we have instituted for review of briefs filed in ex parte appeals in patent applications. Under the new procedure, the Chief Judge of ...
Our community of researchers is rapidly growing, and we would like to take a moment to profile a few researchers, whom we call Advisors.
Researcher David Manuta brings a wealth of experience to Article One ...
Yesterday, the ACLU and Public Patent Foundation scored a victory in their lawsuit challenging the validity of certain gene patents relating to genetic testing for susceptibility to breast cancer, with a district court judge deciding ...
With the recent advent of cases exploring the scope of patentable subject matter under 35 USC Sec. 101, an old, potentially forgotten Supreme Court case has been seen a lot. Unfortunately, its exposure to the ...
The USPTO issued 55,488 patents in Q1, 11.3 percent more than the previous quarter and a 12 percent increase over the same period last year. In fact, this was the largest quarterly total ...
Kevin Osborne is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Earlier this month, the U.S. Patent and Trademark Office (PTO) confirmed Amazon.com’s controversial 1-Click ...
District Court Judge Robert Sweet has ruled that Myriad’s patents for the BRCA1 and 2 isolated gene sequences are invalid on the grounds that isolation of the “pure” form of the gene is insufficient ...
An interesting article over at CNN today, describing the long road from concept to prototype to commercialization in the development of the common office copier.
According to the article, one of the original inventors was ...
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