Patent & IP news for March 31, 2010
Patent Litigations
- Asia Optical Company Inc. v. Laser Technology Company Inc. filed 2010-03-29 in Delaware
- Bally Technologies, Inc. v. Business Intelligence Systems Solutions, Inc. filed 2010-03-29 in Nevada
- Furminator, Inc. v. Central Garden & Pet Company et. al. filed 2010-03-29 in Missouri Eastern
- List Industries, Inc. et. al. v. Midwest Factory Warehouse, Inc. et. al. filed 2010-03-30 in Florida Southern
- Bon-Aire Industries, Inc. v. Mitchell Products et. al. filed 2010-03-30 in New Jersey
- Wine Master Cellars, LLLP v. Vank, Inc. et. al. filed 2010-03-30 in Colorado
- Largan Precision Co, LTD v. Fujinon Corporation filed 2010-03-29 in California Northern
- Honeywell International Inc. v. Memsic, Inc. filed 2010-03-30 in Massachusetts
- Sunbeam Products, Inc. v. Pick Five Imports, Inc. filed 2010-03-29 in California Central
- Parallel Networks, LLC v. Bentley Motors Inc. et. al. filed 2010-03-30 in Texas Eastern
USPTO Stats
6,417
published
appl'ns
appl'ns
4,881
granted
patents
patents
201
ptab
decisions
decisions
Patent & IP Blogs
Score Line from www.patenthawk.com Pressure Products Medical Supplies invented a valve remover for an introducer, netting 5,125,904 & 5,312,355. Under a rolling claim construction, the patents were found valid and infringed by the jury, with Pressure ...
Can Their Be Too Much IP Within the Organization? from ipfinance.blogspot.com How much IP awareness should there be in a company? It is all the rage these days to argue in favor of IP empowerment, whereby the goal is spread IP awareness throughout the organization. But ...
What if a patent settlement agreement risks being illegal? from www.ipadrblog.com Several weeks ago, I came across an exciting article by Frances Murphy and Francesco Liberatore of Jones Day’s London office, that I wanted to blog about, but did not get around to. By pure ...
March/April Edition Of IP-Watch Monthly Reporter Now Available from www.ip-watch.org The Intellectual Property Watch Monthly Edition features top news on international IP policymaking, the latest on who is coming and going in the international IP community, news briefs and more. The March/April edition is ...
FalseMarking.Net: An Information Resource on False Marking Litigation from www.patentlyo.com For the past several days, I have been attending a meeting of in house IP counsel and a portion of the topic has focused on the new phenomenon of false marking litigation. My friends at ...
Intellectual Property Due Diligence: The Importance of Being Prepared (and Complying) from www.ipprospective.com I’ve spoken a lot on IP Prospective about preparing for intellectual property issues before they arise, and the reallocation of business client demands with regard to intangible assets. This week, an article that I ...
The "new" DPMA website - some helpful links from ipkitten.blogspot.com Like so many "expats", this Kat sometimes has a feeling of homesickness and homesickness can make you do funny things, such as looking at your hometown's web cam so you know what kind of ...
It's Time to Teach about Branding; Or Is It? from ipkitten.blogspot.com One of the things that this insomniac Cat does between 2:00 am and 6:00 am is plot out his next MBA class. Twenty years of teaching law students did little to prepare me ...
No Half Measures, except for retiring staff members from ipkitten.blogspot.com The IPKat thanks his friend David Stone (Simmons & Simmons) for drawing his attention to Coca-Cola Company's Appeal, Case O-079-10 before another of the IPKat's friends, Appointed Person Professor Ruth Annand, on 28 February ...
Joint Defense Agreements & Inter Partes Patent Reexamination from www.patentspostgrant.com –Part I–
Since the storied emergence of the patent troll (non-practicing entity (NPE) for those preferring the multisyllabic, PC terminology), it is not uncommon for an entire industry to find themselves on the same side ...
Caught in a Time Warp: The (In)validity of BRCA1 Oligonucleotide Claims from www.patentdocs.org
By Kevin E. Noonan -- Albeit a bit anticlimactically, a study published in the journal Genomics assesses the patentability of one of the claims invalidated on Monday by Judge Robert W. Sweet of the Southern District ...
By Kevin E. Noonan -- Albeit a bit anticlimactically, a study published in the journal Genomics assesses the patentability of one of the claims invalidated on Monday by Judge Robert W. Sweet of the Southern District ...
Proponents Seek To Develop Policy Potential Of US Geographical Indications from www.ip-watch.org
Advocates of stronger protection of geographical indications are working to develop greater awareness in Geneva policy circles, trying to win over countries reluctant to adopt a specific GI protection system. In an effort to open ...
Advocates of stronger protection of geographical indications are working to develop greater awareness in Geneva policy circles, trying to win over countries reluctant to adopt a specific GI protection system. In an effort to open ...
The Research Exemption to Patent Rights – Towards a Minimum Global Standard? from www.iposgoode.ca
Geraldine Soon is an exchange student at Osgoode Hall and is taking the Patent Law course. At the Standing Commmittee on the Law of Patents’ (SCLP) 13th session in March 2009, the World Intellectual Property ...
Geraldine Soon is an exchange student at Osgoode Hall and is taking the Patent Law course. At the Standing Commmittee on the Law of Patents’ (SCLP) 13th session in March 2009, the World Intellectual Property ...
FalseMarking.Net: An Information Resource on False Marking Litigation from www.patentlyo.com
For the past several days, I have been attending a meeting of in house IP counsel and a portion of the topic has focused on the new phenomenon of false marking litigation. My friends at ...
For the past several days, I have been attending a meeting of in house IP counsel and a portion of the topic has focused on the new phenomenon of false marking litigation. My friends at ...
Guest Post: Update To Recent Patent Damages Article from www.patentlyo.com
Guest Post By Michael J. Kasdan and Joseph Casino In our March 3, 2010 article in the Patently-O Law Journal, Federal Courts Closely Scrutinizing and Slashing Damages Awards, we discussed recent shifts in the Federal ...
Guest Post By Michael J. Kasdan and Joseph Casino In our March 3, 2010 article in the Patently-O Law Journal, Federal Courts Closely Scrutinizing and Slashing Damages Awards, we discussed recent shifts in the Federal ...
Complaint Lacking Identification of Infringing Act or Direct Infringer Failed to State a Claim from docketreport.blogspot.com
The court granted defendants' motion to dismiss plaintiff's infringement claims for failure to state a claim with leave to amend. "[Plaintiff's] allegation of direct infringement does not adhere to Form 18 [of the ...
The court granted defendants' motion to dismiss plaintiff's infringement claims for failure to state a claim with leave to amend. "[Plaintiff's] allegation of direct infringement does not adhere to Form 18 [of the ...
Guest Post: Update To Recent Patent Damages Article from www.patentlyo.com
Guest Post By Michael J. Kasdan and Joseph Casino In our March 3, 2010 article in the Patently-O Law Journal, Federal Courts Closely Scrutinizing and Slashing Damages Awards, we discussed recent shifts in the Federal ...
Guest Post By Michael J. Kasdan and Joseph Casino In our March 3, 2010 article in the Patently-O Law Journal, Federal Courts Closely Scrutinizing and Slashing Damages Awards, we discussed recent shifts in the Federal ...
Flare-Up In WHO Briefing On Counterfeit from www.ip-watch.org
Work to address counterfeit medicines continues at the World Health Organization, but a meeting late last week revealed ongoing concerns about the way it is being conducted. Related Articles:
Work to address counterfeit medicines continues at the World Health Organization, but a meeting late last week revealed ongoing concerns about the way it is being conducted. Related Articles:
Financing Manufacturing from www.athenaalliance.org
And speaking of the real economy (see yesterday's post), Michael Lind at New America Foundation has two proposals for extending credit to manufacturing: The Manufacturing Credit System and Made in America Bonds. The first ...
And speaking of the real economy (see yesterday's post), Michael Lind at New America Foundation has two proposals for extending credit to manufacturing: The Manufacturing Credit System and Made in America Bonds. The first ...
Patent wars update -- gene patents (2) from www.athenaalliance.org
Today's New York Times story on the recent court decision on gene patents (see earlier posting) makes two important point. The first is that the industry has already shifting to a point where the ...
Today's New York Times story on the recent court decision on gene patents (see earlier posting) makes two important point. The first is that the industry has already shifting to a point where the ...
"Isolated DNA" Patents Fail to Claim Patentable Subject Matter from docketreport.blogspot.com
The court granted plaintiff's motion for summary judgment of invalidity as to defendants' patent claims relating to human breast cancer susceptibility genes, BRCA1 and BRCA2. "[T]he issue presented in the present motions with ...
The court granted plaintiff's motion for summary judgment of invalidity as to defendants' patent claims relating to human breast cancer susceptibility genes, BRCA1 and BRCA2. "[T]he issue presented in the present motions with ...
The Inane Ruling in the Gene Patents Case from www.infringementupdates.com
The following is excerpted from Eric W. Guttag's March 30, 2010 post at IPWatchdog: A case which has recently drawn my ire is Association for Molecular Pathology v. USPTO which involves various patents obtained ...
The following is excerpted from Eric W. Guttag's March 30, 2010 post at IPWatchdog: A case which has recently drawn my ire is Association for Molecular Pathology v. USPTO which involves various patents obtained ...
Still Curious Why Written Description Compels a Factual Inquiry. from leethomason.com
Many en banc decisions lose impact soon after being issued. Ariad v. Lilly raised such a threshold issue, about the written description necessary to obtain a valid patent, that it might have had a lasting ...
Many en banc decisions lose impact soon after being issued. Ariad v. Lilly raised such a threshold issue, about the written description necessary to obtain a valid patent, that it might have had a lasting ...
A Discussion About S-Signatures With Examples from patentablydefined.com
© 2010, Michael E. Kondoudis Introduction “S-signatures” have been accepted by the USPTO for several years now. An S-signature is an electronic signature betwen forward slashes and includes any signature made by non-handwritten means (i.e ...
© 2010, Michael E. Kondoudis Introduction “S-signatures” have been accepted by the USPTO for several years now. An S-signature is an electronic signature betwen forward slashes and includes any signature made by non-handwritten means (i.e ...
Judge Plager troubled with Federal Circuit’s “Indefiniteness” law from www.717madisonplace.com
On the heels of the Ariad v. Eli Lilly en banc case which dealt with the issue of “written description” under 35 USC §112, the Federal Circuit has now issued several decisions dealing with “indefiniteness ...
Eastern Migration: Patent Filing and Protection in China from info.inoviaip.com
As one of the largest filers of PCT national stage applications in the world, inovia often observes firsthand global trends occurring in the foreign filing industry. One noteworthy development in the past decade is the ...
What They’re Saying from ipinsider1.wordpress.com
Top Topics at IP Conferences Here are the top 10 things people are saying at intellectual property conferences around the world. They are courtesy of an East Coast IP Insider reader. Our apologies to David ...
Top Topics at IP Conferences Here are the top 10 things people are saying at intellectual property conferences around the world. They are courtesy of an East Coast IP Insider reader. Our apologies to David ...
USPTO announces plan to reduce the time required for appeals in patent applications from ipspotlight.com
This week USPTO director David Kappos announced a plan to speed up the time involved with appeals from final rejections of patent applications. Under the current process, when an appellant files an Appeal Brief, the ...
Hakuna Matada, the ACLU Gene Patent Victory Will Be Short Lived from www.ipwatchdog.com
It will likely come as a surprise to many, but I really don’t think the ACLU victory in the Myriad Genetics litigation is a big deal. Hakuna Matada is what I say. It’s ...
It will likely come as a surprise to many, but I really don’t think the ACLU victory in the Myriad Genetics litigation is a big deal. Hakuna Matada is what I say. It’s ...
An Important Patent from 21 years ago... from info.articleonepartners.com
In 1899, US Commissioner of Patents Charles Duell proposed that the US Patent Office be closed. He reasoned that "everything that can be invented has been invented". If Commissioner Duell had had his way, what ...
PTO memo says BPAI, not Examiner, will determine if brief is compliant from allthingspros.blogspot.com
A new PTO memo to the Examiner corps, available on the PTO website (here), explains that the Board of Patent Appeals and Interferences will now have responsibility for determining whether an Appeal Brief is compliant ...
A new PTO memo to the Examiner corps, available on the PTO website (here), explains that the Board of Patent Appeals and Interferences will now have responsibility for determining whether an Appeal Brief is compliant ...
Case law on swear-behind declarations (Part II) from allthingspros.blogspot.com
This is Part II in a series explaining what the BPAI considers to be a sufficient § 1.131 (swear behind) declaration. Part I (here) explained that to show actual reduction or conception, a § 1.131 ...
This is Part II in a series explaining what the BPAI considers to be a sufficient § 1.131 (swear behind) declaration. Part I (here) explained that to show actual reduction or conception, a § 1.131 ...
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