Patent & IP news for April 16, 2010

Patent Litigations

USPTO Stats

6,625
published
appl'ns
4,871
granted
patents
69
ptab
decisions

Patent & IP Blogs

post image Dental Design Patent and Trademark Infringement: Discus v. Biolase from patentlawip.blogspot.com


Discus Dental and Zap Lasers, makers of surgical laser instruments, and cofounded by Dr. Dorfman, notable from his ABC's Extreme Makeover show, filed a complaint in the U.S. District Court for the Central ...

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post image Friday Fantasies from ipkitten.blogspot.com

Friday comes round again, and with it comes the prospect of a pleasant weekend break for those fortunate enough to be (i) gainfully employed and therefore not subjected to enforced unproductivity all week long or ...

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post image Interference Rule 41.200(b) Taken Out of Its Misery from www.patentspostgrant.com

The USPTO has announced that 37 C.F.R. 41.200(b) is no longer viable in light of the  Federal Circuit’s Agilent Technologies, Inc. v. Affymetrix[1] decision, and has thus cancelled the ...

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post image New logos: the good, the bad, and the ugly from ipelton.wordpress.com

Organizations frequently re-design their logos to kickstart a new ad campaign, launch a new product or service, or communicate a new message.  Here is a run down of a few recent logo changes in the ...

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post image Gene Patent Case: Case Study in Judicial Activism from hallingblog.com

Judge Sweet’s opinion in ACLU v. Myriad is a mind numbing 156 pages.  The opinion seems to be an attempt win an argument by boring the opposition to death.  The opinion is inconsistent, wrong ...

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post image What Executives Make of Innovation from www.lotempiolaw.com

Tweet of the week

Thanks to @StrongerAmerica for tweeting this week about the importance of making innovation a top priority in corporate America.

James Andrew, senior partner and head of the global innovation practice at ...

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post image The National Biological Authority to organize a National Consultation on proposed 'Benefit Sharing Protocols' & 'Traditional Knowledge Rules' from spicyipindia.blogspot.com


In early February we had carried a post on a public notice put out by the National Biological Authority, inviting comments and pariticipation on the following items:

(i)International Regime on Access and Benefit Sharing ...

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post image Keep It Secret, Keep It Safe from www.patenthawk.com

A patent and/or its publication may be withheld indefinitely when deemed "detrimental to the national security" under the Invention Secrecy Act, 35 U.S.C. § 181. An applicant/patentee may seek compensation for secrecy ...

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post image Much Ado About Patent Marking: Why It is So Hard for Corporations to Get It Right and Why False Marking Lawsuits Might be a Good Thing Overall from ipassetmaximizerblog.com

It is fairly rare for patents to make hit the radar screen of mainstream news outlets but, recently, there has been much space allotted to the issue of patent mis-marking and lawsuits being brought by ...

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post image Biotech and pharma insolvency in the UK: a new article from ipfinance.blogspot.com

Volume 10, issue 5 of the Bio-Science Law Review, published six times a year by Lawtext Publishing, carries a ten-page article, "Implications of Licensor becoming Insolvent: An English Law Perspective" by Sangeeta Puran and Sarah ...

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USPTO Seeking Nominations for Public Advisory Committee Members from www.patentdocs.org

By Sarah Fendrick -- In a notice published in the Federal Register (75 Fed. Reg. 15417), the U.S. Patent and Trademark Office (USPTO) announced that it is seeking nominations for three members to both the ...

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GSK Senior Vice President to Start IP Consulting Firm from www.patentdocs.org

By Donald Zuhn -- Sherry Knowles, Senior Vice President, Global Patents for GlaxoSmithKline has announced that she will be leaving GSK in June to start a consulting firm that will focus on IP management, business development ...

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MedPointe Healthcare, Inc. v. Kozachuk (Fed. Cir. 2010) from www.patentdocs.org

By Donald Zuhn -- On April 6, the Federal Circuit, in MedPointe Healthcare, Inc. v. Kozachuk, affirmed a decision of the District Court for the District of New Jersey enforcing a settlement agreement regarding the transfer ...

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USPTO Seeking Nominations for Public Advisory Committee Members from www.patentdocs.org

By Sarah Fendrick -- In a notice published in the Federal Register (75 Fed. Reg. 15417), the U.S. Patent and Trademark Office (USPTO) announced that it is seeking nominations for three members to both the ...

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GSK Senior Vice President to Start IP Consulting Firm from www.patentdocs.org

By Donald Zuhn -- Sherry Knowles, Senior Vice President, Global Patents for GlaxoSmithKline has announced that she will be leaving GSK in June to start a consulting firm that will focus on IP management, business development ...

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MedPointe Healthcare, Inc. v. Kozachuk (Fed. Cir. 2010) from www.patentdocs.org

By Donald Zuhn -- On April 6, the Federal Circuit, in MedPointe Healthcare, Inc. v. Kozachuk, affirmed a decision of the District Court for the District of New Jersey enforcing a settlement agreement regarding the transfer ...

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Appropriate Office for Filing Patents? from spicyipindia.blogspot.com


In a crisp and well-written post, Suchita had blogged on Section 3(d). “Frequently Anon”, a regular reader of the blog, posted a comment lamenting on the practice of filing of divisional applications carved out ...

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Tiffany and Co. loses appeal against eBay from www.iposgoode.ca

George Nathanael is a JD candidate at Osgoode Hall Law School. On April 1st the U.S. Court of Appeals for the Second Circuit decided in favour of eBay (for the most part) in their ...

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"A quoi sert un enfant nouveau-né?" from ipbiz.blogspot.com

In response to an inquiry about the value of hot air balloons observed in Paris in 1783, Benjamin Franklin supposedly re-queried:

"A quoi sert un enfant nouveau-né?"

When an invention is in its infancy, all ...

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Guest Post: The 'Taxman' imposes service tax on copyright licensing agreements from spicyipindia.blogspot.com

In a move that is bound to increase the cost of entertainment, Pranab da 'Taxman' has proceeded to impose service tax on the licensing and assigning of copyright between two parties. Guest blogger, Ayan Roy ...

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The Digital Economy Act 2010 from ipkitten.blogspot.com

Since so much noise has been made about the UK's brand new love-it-or-loathe-it Digital Economy Act 2010, the IPKat thought he should say a few words about it. This Act, which received the ...

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EPO Provides Summary of Recent Rule Changes from dailydoseofip.blogspot.com

On April 1, 2010, a series of patent practice changes at the European Patent Office (EPO) took effect, including new search and examination rules, as well as new timelines for filing divisional applications. As noted ...

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False Marking Fine Calculated as a Percentage of the Product's Sales Price and Includes Sales of Products Not Falsely Marked from docketreport.blogspot.com

The court set plaintiff's fine for false marking at $0.35/unit. "[B]y penalizing [plaintiff] at a rate of about 32% of [plaintiff's] overall average sales price of $1.07 per [product ...

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At Last: Secret ACTA Draft To Be Published Soon from www.ipjur.com

Today the EU Commission has published a press release concerning the 8th round of negotiations on the proposed Anti-Counterfeiting Trade Agreement (ACTA) held in Wellington, New Zealand from 12-16 April 2010. The text inter ...

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Pure and irresponsible speculation on the blogger's part from ipbiz.blogspot.com

Buried within a story about the Kagan/Domenech flap, Howard Kurtz of the Washington Post writes:

The [Washington] Post's Web site briefly hired Domenech as a conservative blogger in 2006. He resigned three days ...

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STOP PRESS: First Irish Three Strikes decision from ipkitten.blogspot.com

The IPKat thanks his friend Deirdre Kilroy (LK Shields) for telling him that the first Irish High Court decision on the Republic's "three strikes" law has just been handed down today by Mr Justice ...

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KSR: "the justices just did not seem to get it" from ipbiz.blogspot.com

Joff Wild reprises the "biggest IAM blog story of all time," which happened to be about KSR v. Teleflex, and which included

When you see Supreme Court justices struggling, hasn’t something gone very wrong ...

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Diary: Talking Patents & Blogging in Toledo from www.ipwatchdog.com

Earlier this week I was in Toledo, Ohio. I traveled to Toledo to speak to the Toledo Intellectual Property Law Association on Tuesday, April 13, 2010. I have a special connection with Toledo, having taught ...

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Early-Stage Patent Disputes: A Closer Look from info.articleonepartners.com

Here's our latest close look into a recent patent litigation case centered on patent quality.

ArrivalStar SA and Melvino Technologies Ltd. v. Cadec Global Inc. et al.

Case number 4:10-cv-0003 - U.S. District ...

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BPAI Remanding Cases Involving Computer-Oriented Means-Plus-Function Claims from www.patentlyo.com

In Ex party Rodriguez, the BPAI rejected a patent applicant's means-plus-function (MPF) claims as indefinite for failing to provide any corresponding structures in the specification beyond a general purpose computer. That decision followed the ...

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BPAI Remanding Cases Involving Computer-Oriented Means-Plus-Function Claims from www.patentlyo.com

In Ex party Rodriguez, the BPAI rejected a patent applicant's means-plus-function (MPF) claims as indefinite for failing to provide any corresponding structures in the specification beyond a general purpose computer. That decision followed the ...

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Nevada Patent Owners Unite to Oppose Patent Reform from www.ipwatchdog.com

A group of Nevada patent owners and experts announced the formation Thursday of a coalition to oppose legislation aimed at changing U.S. patent laws in a fashion that will have a strongly negative impact ...

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New University Patents Database from patentlibrarian.blogspot.com

FreePatentsOnline has partnered with Technology Transfer Tactics, a website for university tech transfer professionals, to provide a resource for searching university-owned patents.

Data for about three dozen universities (mostly American) is available. Clicking on a ...

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Reporting Data Errors in Patent Databases from patentlibrarian.blogspot.com


Kudos to esp@cenet for providing an easy and convenient way for users to report data errors. Each record includes a link to an error reporting form; all you have to do is click and ...

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Patent Calls Investigation Concludes 19 Tech Companies Including Dell and Intel Are Not Infringing Wi-LAN ‘Bluetooth’ Patent from www.infringementupdates.com

The following is excerpted from an April 14, 2010 Business Wire item published at EDA Cafe: Patent Calls, Inc., an independent research firm that provides unbiased, comprehensive patent reports and analysis, has conducted an independent ...

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IPLAC Panel Discussion on Role of Patent Agents from www.patentdocs.org

The Intellectual Property Law Association of Chicago (IPLAC) will offer a panel discussion entitled: "The Role of Patent Agents in Intellectual Property in the Changing Economy" on May 18, 2010 from 1:00 to 4 ...

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PRG Looks at the Future of Patent Law from www.patentdocs.org

Patent Resources Group (PRG) will be offering a one-day conference on "The Future of U.S. Patent Law: An In-Depth Discussion on the Congress, the Courts, and the USPTO" on June 11, 2010 from 9 ...

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C5 Freedom to Operate Forum from www.patentdocs.org

C5 (UK) will be holding its 7th International Forum on Freedom to Operate on May 26-27, 2010 in Munich, Germany. The conference will provide practical advice on the biggest challenges facing freedom to operate (FTO ...

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