Patent & IP news for April 1, 2010

Patent Litigations

USPTO Stats

5,887
published
appl'ns
4,881
granted
patents
201
ptab
decisions

Patent & IP Blogs

post image Branding in a modern economy from ipkitten.blogspot.com

Back in November the United Kingdom's Intellectual Property Office (IPO) hosted a Brands Conference with its partners the British Brands Group and the Confederation of British Industry.
Right: Google -- the top British brand, according ...

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post image Are accountants really so dumb? from ipfinance.blogspot.com

"Protect your intangible assets: global accountants and Intellectual Property Office produce guide" is the title of a press release from the UK's Intellectual Property Office which reads as follows:
"Accountants and finance professionals must ...

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post image Federal Circuit Reverses District Court's Finding of Indefiniteness from www.grayonclaims.com

Hearing Components, Inc. v. Shure, Inc. (Fed. Cir. Apr. 1, 2010)

Today, the Federal Circuit reversed a district court's finding that the claim term "readily installed and replaced by a user" was indefinite as ...

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post image In the Pipeline: Future Revision of the Trade Mark System in the European Union from www.ipjur.com

A new Document CM 2332/10 announces that on April 15, 2010, the EU Working Party on Intellectual Property (Trade Marks) will meet in order to discuss a  Presidency proposal conveyed with Document 8179/10 ...

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post image NZ patent reform proposals: good news for open sourcers, generics from ipkitten.blogspot.com

Last year the IPKat reported that New Zealand's keenly-awaited Patents Bill had been referred to the Commerce Select Committee for public submissions. He now learns that the Select Committee released its report on the ...

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Director Kappos Testifies before House Subcommittee Regarding USPTO Budget from www.patentdocs.org

By Sarah Fendrick -- On March 25, 2010, U.S. Patent and Trademark Office Director David Kappos appeared before the House Subcommittee on Commerce, Justice, Sciences, and Related Agencies for the Committee on Appropriations to seek ...

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Semicolon Leads To Breakthrough In Long-Stalled Negotiations from www.ip-watch.org

Applause burst from the plenary chamber this week as delegates at last found, in a semicolon, the solution to a long-running and at times sharply divided multilateral negotiation. Related Articles:

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"Takings" by Congress and the Courts from www.patentdocs.org

By Kevin E. Noonan -- In a recent article in the journal Science, Sherry Knowles, the Chief Patent Counsel at GlaxoSmithKline, raises several interesting questions regarding the concept of "takings" of property in the patent context ...

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Mordaz intercambio de puntos de vista en la reunión informativa de la OMS sobre medicamentos falsificados from www.ip-watch.org

La Organización Mundial de la Salud (OMS) continúa trabajando en el tema de los medicamentos falsificados, pero la semana pasada una reunión reveló preocupaciones progresivas sobre la forma de conducir la labor. Related Articles:

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"Takings" by Congress and the Courts from www.patentdocs.org

By Kevin E. Noonan -- In a recent article in the journal Science, Sherry Knowles, the Chief Patent Counsel at GlaxoSmithKline, raises several interesting questions regarding the concept of "takings" of property in the patent context ...

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FRAND, a German View on Dutch Dissent from www.ipeg.eu

Netherlands’  The Hague District Court Orange-Book decision brings up again the discussion about the compulsory licensing defense and the role of antitrust in patent infringement proceedings. Opposing’s Germany highest court the Dutch Court denies ...

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UK-IPO to outsource to India from ipkitten.blogspot.com


The IPKat has just learned that, as part of the cost-saving measures announced by the UK government in the recent budget, as from next year the UK-IPO will begin outsourcing its work to the Intellectual ...

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Unbiased HIV Patent Pool: A Free-Market, Middle-Income Countries Open Model from www.ip-watch.org

Brand name pharmaceutical companies’ concerns about profit losses related to the UNITAID patent pool might undermine access to newer and appropriate HIV medicine formulations in resource-limited settings. A universally agreed strategy to supplement UNITAID plan ...

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Google v China: Can the repercussions be perilous? from www.iposgoode.ca

Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. China’s economic progress is coming in leaps and bounds, be it rapid development of infrastructure or moving at a rate much faster than ...

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ECJ rules: Google not liable for trademark infringement in AdWords service from www.iposgoode.ca

Nathan Fan is a JD candidate at Osgoode Hall Law School. On March 23, 2010, the European Court of Justice (ECJ) released its long-awaited decision over Google’s sale of trademark keywords in its AdWords ...

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Patent Litigation in the Eastern District of the Republic of Texas from eyesonip.blogspot.com

Recently, Texas Governor Rick Perry defeated Senator Kay Bailey Hutchison in Texas’s Republican gubernatorial primary. Last year, Governor Perry expressed sympathy for the Texas secession movement and so, with Perry’s re–nomination, we ...

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A lesson in failing to register and protect trademark: BLACK CARD trademark battle from ipelton.wordpress.com

Will the true “Black Card” please stand up?

Six months ago, I blogged about how the Visa BLACK CARD left a bad taste in my mouth.  See post here.  American Express his issued a mysterious ...

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Frost and Sullivan on Entrepreneurship, Innovation and IP from ipfinance.blogspot.com

Market research and business consulting company Frost and Sullivan have recently presented their Entrepreneurial Company of the Year award to green automotive company EVO Electric Ltd.

"EVO Electric's effort to bring axial flux technology ...

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AstraZeneca Ordered to Pay Attorneys' Fees For "Baseless" Suit to Protect Prilosec OTC from docketreport.blogspot.com

Defendants' motion for attorneys' fees under Section 285 was granted. "It was obvious from very early on that plaintiffs had brought and were maintaining this lawsuit in a desperate effort to keep any competing product ...

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On Sale Event Triggers One Year Time Period from ocpatentlawyer.com

A patent application must be filed within one year after an offer for sale of the invention, public use of the invention or distribution of a printed publication regarding the invention, whichever event occurs first ...

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China’s Latest Draft Disposal Rules For Patents In Standards: A Step Forward? from www.ip-watch.org

On 21 January, 2010, the China National Institute of Standardization (CNIS) issued and requested comments from all stakeholders on its Disposal Rules for Inclusion of Patents in National Standards (Disposal Rules). Related Articles:

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The ACLU Gene Patent Decision from an Investor's Perspective: A Black Eye for the US Patent System from holmansbiotechipblog.blogspot.com

I am trying to put myself into the shoes of a biotechnology investor, and when I do I'm not real happy with the US patent system right now. I'm not well-versed with legal ...

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Those cheating chemistry students... from ipbiz.blogspot.com

In January 2010, IPBiz ran a post titled
Chemistry plagiarism at University of Kentucky?
, which suggested chemistry students were big cheaters at the University of Kentucky. Now we have an issue at the University of ...

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Enzo/Yale get a reprieve from the CAFC from ipbiz.blogspot.com

The CAFC decided that claims of U.S. Patents No. 5,328,824 and 5,449,767 were not indefinite. In 2007, Applera had tried a summary judgment motion as to lack of written description ...

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Innovative Therapies loses DJ appeal against KCI at CAFC from ipbiz.blogspot.com

This case involves a company (Innovative Therapies, ITI ) comprised of employees of the other company (KCI): "The declaratory plaintiff ITI was established in 2006 by several former employees of KCI, in conjunction with Dr. Paul ...

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“Readily installed and replaced by a user” from ipbiz.blogspot.com

The case Hearing Components v Shure involves an issue of claim indefiniteness from a term in the preamble:

As an initial matter, the “readily installed” phrase is a claim limitation, as Shure
argues. A preamble ...

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Back when I was losing on False Patent Marking. from leethomason.com

Proof of objective facts and subjective intent are essential to success on a false patent marking claim (as well as on the inequitable conduct defense).  Showing that ‘patented’ was in some form marked on a ...

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Ignoring IP assets when the liquidator comes in… from www.tangible-ip.com

I’m a regular listener to the excellent Planet Money podcast by a team over at NPR that makes economics fun and engaging (or rather more fun and engaging).

Catching up today, I listened to ...

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Patently-O Bits and Bytes: Patent Public Advisory Committee Nominations from www.patentlyo.com

Patent Public Advisory Committee Nominations: The PPAC includes a group of nine voting members appointed for three-year terms on a rolling-basis by the Secretary of Commerce. 35 U.S.C. 5. Director Kappos and Commissioner ...

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Patently-O Bits and Bytes: Patent Public Advisory Committee Nominations from www.patentlyo.com

Patent Public Advisory Committee Nominations: The PPAC includes a group of nine voting members appointed for three-year terms on a rolling-basis by the Secretary of Commerce. 35 U.S.C. 5. Director Kappos and Commissioner ...

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Retrospective Kind Codes in Espacenet from patentlibrarian.blogspot.com

The other day a colleague asked me why an "A" appeared at the end of older US patent numbers in espacenet records.




I immediately answered that it's a
document kind code: "A" is used ...

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Indefiniteness from gordononpatentcases.blogspot.com

Hearing Components, Inc. v. Shure, Inc.

  • "Not all terms of degree are indefinite. However, the specification must provide some standard for measuring that degree."
  • "Although 'readily'does not refer to a mathematical measure of degree ...

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Preamble from gordononpatentcases.blogspot.com

Hearing Components, Inc. v. Shure, Inc.
  • "A preamble to a claim may or may not be limiting, depending on the circumstances. In considering whether a preamble limits a claim, the preamble is analyzed to ascertain ...

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Declaratory Judgment Jurisdiction from gordononpatentcases.blogspot.com

Innovative Therapies, Inc. v. Kinetic Concepts, Ltd.
  • "The district court found that these informal conversations did not constitute a threat of suit for patent infringement against a device that had not been seen and evaluated ...

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Court Denies Neutral Tandem's Preliminary Injunction Request from www.infringementupdates.com

The following is excerpted from a March 31, 2010 Peerless Network Business Wire press release published at The Wall Street Journal's Market Watch: The US Federal Court in Chicago, Illinois has unconditionally denied Neutral ...

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Débat houleux lors d’une réunion d’information organisée par l’OMS sur les médicaments contrefaits from www.ip-watch.org

Alors que l’Organisation mondiale de la Santé (OMS) continue de travailler sur la question des médicaments contrefaits, une réunion organisée en fin de semaine dernière a révélé des inquiétudes quant à la manière dont ...

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SEB v. Montgomery Ward: “Deliberate Indifference” Can Sustain Inducement Claim from www.lawupdates.com

By Yuri Mikulka and Thomas F. Zuber || The Federal Circuit Court has broadened the standard for inducement of patent infringement by holding that proof of a defendants’ deliberate disregard of the risk that a patent ...

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Hot News Misappropriation Injunction Issued Against TheFlyOnTheWall.com from www.iplawalert.com

In Barclays Capital Inc. v. TheFlyOnTheWall.com, 06 Civ. 4908 (S.D.N.Y. March 18, 2010), Judge Denise Cote issued a narrowly tailored injunction against republication of financial services firms stock recommendations.

FlyOnTheWall.com ...

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A Conversation with Gary Michelson About Patent Reform from www.ipwatchdog.com

In my conversation with Dr. Michelson he explained to me that while he benefited greatly from the patent system he would have benefited even more if the system worked better. At this point Dr. Michelson ...

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Patents and morality should remain separate from www.iposgoode.ca

Tamsin Thomas is a JD Candidate at Osgoode Hall Law School and is taking the Patent Law class. At the beginning of March 2010, Greenpeace Germany and others unsuccessfully challenged a patent on a method ...

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Citizen Lawyer from www.717madisonplace.com

Please pardon the brief digression; but, it is that time of the year when your local Science Fair is scrambling for judges.  Science Fair judging is a great opportunity for patent lawyers to use their ...

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Samsung, Toshiba et al. Accused of Infringing Energy Conservation Circuit Patent from greenpatentblog.com

A company called Commonwealth Research Group LLC (Commonwealth) filed a patent infringement suit last month against a number of technology companies, accusing them of infringing a patent relating to an energy saving system for electronic ...

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USPTO Proposes 24 Month Provisional Application Pendency from www.ipwatchdog.com

On Friday, April 2, 2010, the Federal Register will have a Notice requesting comments on proposed changes to Missing Parts Practice. Don't just jump over this as something inconsequential. This is the proposal that ...

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CSI on April 1 shows the value of trademarks from ipbiz.blogspot.com

The April 1 episode of CSI, fooled into the 10 pm time slot and titled "The Panty Sniffer," showed the value of trademarking illegal party drugs. There was several minutes of the organic chemistry of ...

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