Patent & IP news for April 15, 2010
Patent Litigations
- ArrivalStar S.A. et. al. v. BSM Wireless et. al. filed 2010-04-14 in Illinois Northern
- N Spine Inc. et. al. v. Globus Medical inc. filed 2010-04-13 in Delaware
- Baker v. Glaxosmithkline Healthcare, LP et. al. filed 2010-04-13 in Tennessee Western
- Equi-Tech Labs, Inc. v. J. Mitton & Associates, Inc. et. al. filed 2010-04-12 in North Carolina Western
- N.A. Water Systems, LLC v. Aquatech International Corporation et. al. filed 2010-04-14 in Pennsylvania Western
- Baker v. Bausch & Lomb, Inc. filed 2010-04-13 in Tennessee Western
- Allied Machine & Engineering Corporation v. Competitive Carbide, Inc. filed 2010-04-14 in Ohio Northern
- Baker v. Novartis Pharmaceuticals Corporation et. al. filed 2010-04-13 in Tennessee Western
- Meridianlink, Inc. v. DH Holdings, LLC filed 2010-04-14 in California Central
- Patent Group, LLC filed 2010-04-14 in Texas Eastern
- Woolf v. Elegant Cords, L.L.C. filed 2010-04-14 in Louisiana Eastern
- Patent Group, LLC filed 2010-04-14 in Texas Eastern
- Tepha, Inc., v. Kappos filed 2010-04-12 in D.C.
- Dial Manufacturing, Inc. v. Usasia Co., LLC et. al. filed 2010-04-14 in Arizona
- Baker v. Bayer Aktiengescellschaft Corporation et. al. filed 2010-04-13 in Tennessee Western
- Ray Brothers, Inc. et. al. v. Innovative Metals Company, Inc. filed 2010-04-14 in Louisiana Eastern
- Bayer Schering Pharma AG et. al. v. Teva Pharamceuticals USA, Inc. et. al. filed 2010-04-13 in Delaware
- ArrivalStar SA et. al. v. Cadec Global Inc et. al. filed 2010-04-14 in Indiana Northern
- Top Victory Electronics (Taiwan) Co., Ltd. et. al. v. Mondis Technology, Ltd. et. al. filed 2010-04-14 in California Northern
- Slack v. Bon Aqua International, Inc. et. al. filed 2010-04-12 in Virginia Eastern
- Top Victory Electronics (Taiwan) Co., Ltd. et. al. v. Hitachi, Ltd. et. al. filed 2010-04-14 in California Northern
- Broadband Graphics LLC v. Capital Market Services LLC filed 2010-04-14 in Washington Eastern
USPTO Stats
6,625
published
appl'ns
appl'ns
4,871
granted
patents
patents
69
ptab
decisions
decisions
Patent & IP Blogs
Global agreement drafting expertise for pharma and biotech from thinkipstrategy.com Oxford University Press doesn't do things by halves.
A beautiful looseleaf they sent over recently for me to review is no exception to this rule. It's called 'Drafting Agreements in the Biotechnology and ...
Resale rights for artists: where there's a will ... from ipkitten.blogspot.com The Court of Justice (Third Chamber) has just rendered its ruling in Case C‑518/08, Fundación Gala-Salvador Dalí and Visual Entidad de Gestión de Artistas Plásticos (VEGAP) v Société des auteurs dans les arts ...
Philips Targets PixelRange with Multiple Multicolor LED Patents from greenpatentblog.com 
Koninklijke Philips Electronics and Philips Solid State Lighting Solutions (collectively “Philips”) sued Pixelrange and James Thomas Engineering last month, accusing the defendants of infringing six patents relating to LED systems.
The complaint (philips_dmass_complaint.pdf), filed ...
Warning: Kenzero can be bad for your, er, private life from ipkitten.blogspot.com Fresh from the BBC comes news of an extremely effective, if outrageously illegitimate, deterrent to some species of copyright infringement. In "Porn virus publishes web history of victims on the net" it is reported that ...
World Intellectual Property Day: reminders! from ipkitten.blogspot.com With World IP Day -- Monday 26 April -- only a week and a half away, there's still time to book yourself in for one of the events which has been organised within the blogosphere in ...
Manipulative Practices from www.patenthawk.com "In 2003, Congress enacted the counterclaim provision of the Hatch-Waxman Act in order to prevent manipulative practices by patent holders with respect to the Orange Book listings. These practices were designed to delay the onset ...
CAFC Applies The Wrong Claim Interpretation Standard in Patent Reexamination from www.patentspostgrant.com In re Suitco Surface, Inc. (Fed. Cir. 2010)
Yesterday, the CAFC issued a decision in ex parte reexamination 90/007,015 appeal (U.S. Patent 4,944,514). The decision (In re Suitco Surface Inc ...
Plectranthus ornatus withers in Luxembourg from ipkitten.blogspot.com Possibly overshadowed by the ruling in the Salvador Dali case (noted here by the IPKat), Case C‑38/09 P, Ralf Schräder v Community Plant Variety Office (CPVO) is an altogether less publicly visible event ...
VAT and EMI's CD samples for pluggers: the Advocate General speaks from ipfinance.blogspot.com The Opinion of Advocate General Jääskinen was delivered today in Case C‑581/08 EMI Group Ltd v The Commissioners for Her Majesty’s Revenue & Customs, on a reference to the Court of Justice of ...
Edward DuMont Nominated to Federal Circuit from inventivestep.net Yesterday, the White House announced that President Obama has nominated Edward DuMont to fill the upcoming vacancy on the Federal Circuit when Chief Judge Michel retires at the end of May.
DuMont is a partner ...
Transparent Kurian Illumines Again from spicyipindia.blogspot.com In a development that has significant ramifications for the improvement of transparency in the Indian patent process, PH Kurian, the Controller General resurrected an old order mandating that all correspondence between a patent applicant and ...
USPTO Launches Ombudsman Pilot Program from www.patentdocs.org
By Sarah Fendrick -- Last week, the U.S. Patent and Trademark Office announced the launch of a new ombudsman pilot program that will provide patent applicants with more assistance with application processing problems. The new ...
By Sarah Fendrick -- Last week, the U.S. Patent and Trademark Office announced the launch of a new ombudsman pilot program that will provide patent applicants with more assistance with application processing problems. The new ...
USPTO Launches Ombudsman Pilot Program from www.patentdocs.org
By Sarah Fendrick -- Last week, the U.S. Patent and Trademark Office announced the launch of a new ombudsman pilot program that will provide patent applicants with more assistance with application processing problems. The new ...
By Sarah Fendrick -- Last week, the U.S. Patent and Trademark Office announced the launch of a new ombudsman pilot program that will provide patent applicants with more assistance with application processing problems. The new ...
In re Suitco Surface, Inc. (Fed. Cir. 2010) from www.patentdocs.org
By Kevin E. Noonan -- It is a bedrock principle of patent practice that the U.S. Patent and Trademark Office gives the terms of claims under examination their broadest reasonable construction. The rationale is that ...
By Kevin E. Noonan -- It is a bedrock principle of patent practice that the U.S. Patent and Trademark Office gives the terms of claims under examination their broadest reasonable construction. The rationale is that ...
In re Suitco Surface, Inc. (Fed. Cir. 2010) from www.patentdocs.org
By Kevin E. Noonan -- It is a bedrock principle of patent practice that the U.S. Patent and Trademark Office gives the terms of claims under examination their broadest reasonable construction. The rationale is that ...
By Kevin E. Noonan -- It is a bedrock principle of patent practice that the U.S. Patent and Trademark Office gives the terms of claims under examination their broadest reasonable construction. The rationale is that ...
Dispute over nutritional supplement for Third World from britishlibrary.typepad.co.uk
A dispute has erupted in the USA over French firm Nutriset and their food supplement for the Third World. In 1997 Nutriset applied for a patent for its Food or nutritional supplement, preparation...
(From Steve ...
A dispute has erupted in the USA over French firm Nutriset and their food supplement for the Third World. In 1997 Nutriset applied for a patent for its Food or nutritional supplement, preparation...
(From Steve ...
Leveraging Oppositions for a "Never Green" Patent System from spicyipindia.blogspot.com
A recent policy paper on section 3(d) by former government official and IP expert, TC James resurrects the issue of the grant of 81 alleged "ever-greened" pharmaceutical patents. This paper was highlighted in several ...
A recent policy paper on section 3(d) by former government official and IP expert, TC James resurrects the issue of the grant of 81 alleged "ever-greened" pharmaceutical patents. This paper was highlighted in several ...
Ranking of Patent Law Programs for 2011: Perhaps Six Junk-Science Ratings Are Better Than One from www.patentlyo.com
US News & World Report has released its updated rankings of intellectual property (IP) programs for 2011. The ranking is created by polling a subset of law professors who teach at least one intellectual property law ...
US News & World Report has released its updated rankings of intellectual property (IP) programs for 2011. The ranking is created by polling a subset of law professors who teach at least one intellectual property law ...
Hungarian Way Of The Future Revision Of The Trade Mark System In The European Union from www.ipjur.com
On April 14, 2010, the Council of the European union has published Document 8510/10 titled Draft Council conclusions on the future revision of the Trade Mark system in the European Union and authored by ...
Boliven Acquired by CambridgeIP from patentlibrarian.blogspot.com
Members of the Boliven Network were notified today via e-mail that the service has been acquired by CambridgeIP, a UK-based intellectual property research and strategy consulting firm. Details about the deal will be forthcoming.
Members of the Boliven Network were notified today via e-mail that the service has been acquired by CambridgeIP, a UK-based intellectual property research and strategy consulting firm. Details about the deal will be forthcoming.
Caraco loses at CAFC, but... from ipbiz.blogspot.com
In a Hatch-Waxman case involving Prandin®, one has three opinions. Novo Nordisk did
come out the winner, but one sees a lot of disagreement here.
On statutory construction:
Statutory construction “begins with ‘the language of ...
In a Hatch-Waxman case involving Prandin®, one has three opinions. Novo Nordisk did
come out the winner, but one sees a lot of disagreement here.
On statutory construction:
Statutory construction “begins with ‘the language of ...
USPTO found "too broad" in giving "broadest reasonable construction" from ipbiz.blogspot.com
In Suitco Surface, an appeal of a re-exam, the CAFC found: Because the PTO’s rejection was
based on an unreasonable construction, this court vacates and remands.
Within the case:
“During reexamination, as with original ...
In Suitco Surface, an appeal of a re-exam, the CAFC found: Because the PTO’s rejection was
based on an unreasonable construction, this court vacates and remands.
Within the case:
“During reexamination, as with original ...
Great Article on Intellectual Property Finance and Monetizing IP to Kick-Start a Start-Up from www.ipprospective.com
Kenan Patrick Jarboe, President of Athena Alliance, has partnered with graduate student Ian Ellis to author a great paper on innovative options for financing innovation. It is a great read for anyone looking into ways ...
Challenge to Plaintiff's Joint Infringement Claim at the Pleading Stage was Premature from docketreport.blogspot.com
Defendant's motion to dismiss plaintiff's direct infringement claims for failure to state a claim was denied without prejudice. "[Defendant] moves to dismiss [plaintiff's] direct infringement claims under Rule 12(b)(6) arguing ...
Defendant's motion to dismiss plaintiff's direct infringement claims for failure to state a claim was denied without prejudice. "[Defendant] moves to dismiss [plaintiff's] direct infringement claims under Rule 12(b)(6) arguing ...
Intangibles and M&A from www.athenaalliance.org
Thanks to Joff Wild over at the IAM blog for a heads up on a new report: The silver bullet of success: Winners and losers in the M&A; game. The report, by the consulting ...
Thanks to Joff Wild over at the IAM blog for a heads up on a new report: The silver bullet of success: Winners and losers in the M&A; game. The report, by the consulting ...
Interpreting Claims in an Interference: USPTO Rules Now Follow the Law from www.patentlyo.com
The USPTO has cancelled 37 C.F.R. § 41.200(b). That rule required the BPAI to give claims their "broadest reasonable construction in light of the specification of the patent or application in which ...
The USPTO has cancelled 37 C.F.R. § 41.200(b). That rule required the BPAI to give claims their "broadest reasonable construction in light of the specification of the patent or application in which ...
Interpreting Claims in an Interference: USPTO Rules Now Follow the Law from www.patentlyo.com
The USPTO has cancelled 37 C.F.R. § 41.200(b). That rule required the BPAI to give claims their "broadest reasonable construction in light of the specification of the patent or application in which ...
The USPTO has cancelled 37 C.F.R. § 41.200(b). That rule required the BPAI to give claims their "broadest reasonable construction in light of the specification of the patent or application in which ...
USPTO Implements Ombudsman Pilot Program | Patent Application Processing Assistance from www.presumptionofvalidity.com
The USPTO launched an Ombudsman Program on April 6, 2010 “to provide patent applicants with more assistance in handling application-processing problems if the normal channels have not been successful.” More specifically, this program establishes a ...
The USPTO launched an Ombudsman Program on April 6, 2010 “to provide patent applicants with more assistance in handling application-processing problems if the normal channels have not been successful.” More specifically, this program establishes a ...
Committee Examines Undue Influence, Coordination In WHO Avian Flu Response from www.ip-watch.org
A review of the World Health Organization’s response to the 2009 pandemic influenza outbreak kicked off this week, with firm statements from those involved in the response that they were not unduly influenced by ...
A review of the World Health Organization’s response to the 2009 pandemic influenza outbreak kicked off this week, with firm statements from those involved in the response that they were not unduly influenced by ...
Foaming at the Mouth II: My Alternative to the New But Inane Becerra Bill from www.ipwatchdog.com
I do have a suggested alternative on the patenting of gene sequences that is far more sensible (and won’t kill our biotech sector) than the “all or nothing” approach of the new Becerra bill ...
I do have a suggested alternative on the patenting of gene sequences that is far more sensible (and won’t kill our biotech sector) than the “all or nothing” approach of the new Becerra bill ...
Handicapping the FTC's Odds in Its Cephalon Suit from www.infringementupdates.com
The following is excerpted from Joe Mullin's April 12, 2010 article at Law.com's Corporate Counsel: On March 31, an antitrust lawsuit brought by the Federal Trade Commission against Cephalon Inc. survived its ...
The following is excerpted from Joe Mullin's April 12, 2010 article at Law.com's Corporate Counsel: On March 31, an antitrust lawsuit brought by the Federal Trade Commission against Cephalon Inc. survived its ...
European Parliamentarians Call On WIPO, WTO For Technical Advice On ACTA from www.ip-watch.org
Several members of the European Parliament today sent letters to the directors general of the World Intellectual Property Organization and the World Trade Organization requesting technical assistance in the negotiation of an agreement that some ...
Several members of the European Parliament today sent letters to the directors general of the World Intellectual Property Organization and the World Trade Organization requesting technical assistance in the negotiation of an agreement that some ...
What Plaintiffs Have Joined, The Court May Split Asunder from eyesonip.blogspot.com
Plaintiffs—particularly in patent cases—have a penchant for suing dozens of defendants in the same lawsuit under the same patent. We’ve been involved in the defense of a couple of cases in which ...
Plaintiffs—particularly in patent cases—have a penchant for suing dozens of defendants in the same lawsuit under the same patent. We’ve been involved in the defense of a couple of cases in which ...
Journal publication the opposite of patents?? from ipbiz.blogspot.com
Within a post titled Office for Technology Commercialization supports Congress’ patent reform bill , one finds the urban legend:
“A professor’s job is to do research, discover and publish — the opposite of the goal with ...
Within a post titled Office for Technology Commercialization supports Congress’ patent reform bill , one finds the urban legend:
“A professor’s job is to do research, discover and publish — the opposite of the goal with ...
US government use of US patents from ipbiz.blogspot.com
In Hornback v US, the CAFC discusses issues with the Invention Secrecy
Act, 35 U.S.C. § 183 and with 28 U.S.C. § 1498.
***See articles by LBE:
Where have you gone, Richard K ...
In Hornback v US, the CAFC discusses issues with the Invention Secrecy
Act, 35 U.S.C. § 183 and with 28 U.S.C. § 1498.
***See articles by LBE:
Where have you gone, Richard K ...
Guest Post: EU Court rules in favour of Google from spicyipindia.blogspot.com
I'm pleased to present to our readers a guest post by Avni Chari, a bright 3rd year student of NALSAR, on the recent judgment of the European Court of Justice in the case of ...
I'm pleased to present to our readers a guest post by Avni Chari, a bright 3rd year student of NALSAR, on the recent judgment of the European Court of Justice in the case of ...
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