Patent & IP news for April 6, 2010

Patent Litigations

USPTO Stats

5,887
published
appl'ns
4,770
granted
patents
167
ptab
decisions

Patent & IP Blogs

post image Tuesday tiddleywinks from ipkitten.blogspot.com

Around the blogs. Here's a US thoroughbred in the making: ED Michigan IP Report: Intellectual Property Litigation News From The U.S. District Court For The Eastern District of Michigan. This weblog is a ...

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post image Do you have to play against someone to be strategic? from thinkipstrategy.com

Strategic thinking has a lot of baggage.  A lot of it derives from conflict, ie war.

Is that really necessary?

Can't we be strategic without having to worry about 'them' out there?

You bet ...

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post image Open Wallet from www.patenthawk.com

Florian Mueller reports that IBM "breaks the taboo and betrays its promise" to the open-source software community. Allegedly, IBM threatened to sue TurboHercules, an open-source  mainframe emulator company, for patent infringement. Naive to a fault ...

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post image Gene Patents on Trial from ipinsider1.wordpress.com

An Invention or a Discovery?

Human genes have been called unpatentable and anti-competitive. Everyone from the ACLU to patients who demand cheaper tests are weighing in on the debate. The controversy was complicated last week ...

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post image Distinguishing MedImmune: Federal Circuit Denies Declaratory Judgment Jurisdiction from www.patentlyo.com

Innovative Therapies, Inc. (ITI) v. Kinetic Concepts, Inc. (KCI) (Fed. Cir. 2010) ITI is an upstart company formed by former KCI employees. Before launching their negative-pressure wound product (that would compete directly with KCI), ITI ...

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post image Revisiting Xyggy from intellogist.wordpress.com

In case you haven’t been following it, Xyggy representative Dinesh Vadhia and I have been continuing a very open and interesting conversation about the intricacies of Xyggy Patent search (and Xyggy in general) in ...

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post image M&M Trademark Infringement with Zorro from patentlawip.blogspot.com


From time to time, the Mars candy company teams up with entertainment execs to market M&M;’s dressed as iconic Hollywood characters. Apparently, they didn’t team up with Zorro Productions, Inc ("Zorro"). Zorro ...

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post image Great IP Strategy conference in Australia from thinkipstrategy.com

A great conference worth attending - I'll be there and speaking on the first day - so please do come and say hi.

Tonkin Corporation's IP Business Strategy Summit on 31 May and 1 June ...

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"60 Minutes" and "Newshour" Take Different Approaches to Covering Gene Patenting Story from www.patentdocs.org

By Donald Zuhn -- On Sunday, the CBS news program "60 Minutes" examined the issue of gene patenting in a segment entitled "Patented Genes." During the segment, CBS News correspondent Morley Safer interviewed Lisbeth Ceriani and ...

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"60 Minutes" and "Newshour" Take Different Approaches to Covering Gene Patenting Story from www.patentdocs.org

By Donald Zuhn -- On Sunday, the CBS news program "60 Minutes" examined the issue of gene patenting in a segment entitled "Patented Genes." During the segment, CBS News correspondent Morley Safer interviewed Lisbeth Ceriani and ...

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European Court of Justice Rules in Favour of Google Adwords Program from spicyipindia.blogspot.com

SpicyIP has earlier blogged on the Google Adwords controversy wherein we had discussed the opinion of the Advocate General (AG) before the European Court of Justice in the dispute involving Google and Louis Vuitton. On ...

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Intellectual Property Issues for Outer Space Activities from www.iposgoode.ca

Leigh-Ann Tonon is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. In this blog, I wish to explore the relevance of intellectual property rights to outer space activities ...

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Purposive Claim Construction: Settled Law with Unsettled Application from www.iposgoode.ca

Essien Udokang is a J.D. Candidate 2010 at Osgoode Hall and is taking the Patent Law class. Since the decision of the Supreme Court in Free World (2000 SCC 66, [2000] 2 S.C ...

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Risk Of Wrongful Medicines Seizures Seen In EU-Central America Trade Deal from www.ip-watch.org

A new accord designed to bolster political and economic ties between the European Union and Central America could result in greater seizures of medicines whenever pharmaceutical companies allege that their patents have been infringed, public ...

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Distinguishing MedImmune: Federal Circuit Denies Declaratory Judgment Jurisdiction from www.patentlyo.com

Innovative Therapies, Inc. (ITI) v. Kinetic Concepts, Inc. (KCI) (Fed. Cir. 2010) ITI is an upstart company formed by former KCI employees. Before launching their negative-pressure wound product (that would compete directly with KCI), ITI ...

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ITU In A Converging World: Interview With ITU Strategist Alexander Ntoko from www.ip-watch.org

The International Telecommunication, based in Geneva, is a 191-member United Nations body. Intellectual Property Watch recently spoke with Alexander Ntoko, a top strategist in the organisation about priorities in this critical year, inclusion of the ...

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USPTO Proposes 12 Month Extension to Provisional Patent Application Period from dailydoseofip.blogspot.com

On Friday, April 2nd, the U.S. Patent and Trademark Office (USPTO) announced that it is seeking public comment on its proposal that would effectively provide a 12 month extension period to the current 12 ...

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More on job sharing from www.athenaalliance.org

Yesterday's LA Times had an op-ed entitled "Work-sharing could work for us." What was unusual is that it was co-authored by two people from opposite ends of the political spectrum: Dean Baker of the ...

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Thinking about Sikes' Prius: issues of proof from ipbiz.blogspot.com

Back in March, Matt Hardigree had a post This Memo Proves The Runaway Prius Was A Hoax , which included text

Given this memo indicates Toyota was not to blame in this very public case of ...

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UN Claims Victory In Biodiversity Talks, But Outcome Not Certain from www.ip-watch.org

The UN Convention on Biological Diversity last month hailed Cali, Colombia as the birthplace of a protocol they hope will lead to an international regime on access and benefit-sharing by their October 2010 deadline. But ...

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The Dragon and the Elephant innovation conference report from www.athenaalliance.org

A while back, Athena Alliance helped organize a conference entitled The Dragon and the Elephant: Understanding the Developing Innovation Capacity in China and India with the National Academies' Board on Science, Technology and Economic Policy ...

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Is America a 3rd World Country? from hallingblog.com

A recent article in the Huffington Post (http://www.huffingtonpost.com/arianna-huffington/when-it-comes-to-innovati_b_512280.html) suggests that the U.S. has become a third world country in terms of innovation.  The article states:

A report by ...

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Sharing the Pain of Patent Litigation from eyesonip.blogspot.com

It is bad enough to be forced to defend one’s ecommerce website in patent litigation in a distant forum, worse to have to carry the freight to pay for the necessary attorneys’ fees, costs ...

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Asserting Infringement in Counterclaim Does Not Excuse Patentee's Obligation to Conduct Pre-Filing Investigation from docketreport.blogspot.com

In granting plaintiff's motion to declare the case exceptional warranting an award of attorneys' fees, the court rejected defendant's argument that its "shortcomings in its pre-filing investigation may be attributed to the fact ...

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Living Separate and Apart is Never Easy: Obviousness and Inventiveness in Pharmaceutical Litigation from www.iposgoode.ca

Ron A. Bouchard is an Associate Professor in the Faculties of Medicine & Dentistry and Law, University of Alberta.  The Canadian Patent Act defines an invention as any “new and useful art, process, machine, manufacture or ...

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Artmob Spring 2010 Update from www.iposgoode.ca

David Meurer is a PhD candidate in the Joint Graduate Program in Communication and Culture at York and Ryerson Universities and Senior Research Assistant, Artmob. Artmob is a research project driven by several principles: that ...

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Federal Circuit Enforces Agree-To but Unsigned Settlement Terms from www.patentlyo.com

MedPointe Healthcare v. Walter Kozachuk (Fed. Cir. 2010)(nonprecedential) Kozachuk is a former employee of MedPointe's predecessor company and as part of his employment agreement, Kozachuk had agreed to assign "any and all inventions ...

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The Strange Case of the Vanishing Patent Boutiques from www.ipwatchdog.com

Litigation is where the big firms and larger IP firms make their money, that much is certain. Those firms with litigation practices that also engage in patent prosecution do so typically for the purpose of ...

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Federal Circuit Enforces Agree-To but Unsigned Settlement Terms from www.patentlyo.com

MedPointe Healthcare v. Walter Kozachuk (Fed. Cir. 2010)(nonprecedential) Kozachuk is a former employee of MedPointe's predecessor company and as part of his employment agreement, Kozachuk had agreed to assign "any and all inventions ...

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Celebrating America's Greatest Inventors from www.uspto.gov

It was just a spectacular time to be in Washington D.C. last week. The weather was as good as it gets and the cherry blossoms were in full flower. It all made for a ...

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