Patent & IP news for April 19, 2010

Patent Litigations

USPTO Stats

6,625
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4,871
granted
patents
114
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Patent & IP Blogs

post image Copyright: It is as Much about Distribution as Contents from ipkitten.blogspot.com

Mark McCormack was an American lawyer who created a eponymous sports agency empire, starting with his representation of the legedary golfer, Arnold Palmer, in the 1960s. But he was probably better known to the public ...

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post image Joint Defense Agreements & Inter Partes Reexamination (II) from www.patentspostgrant.com

As pointed out in our earlier post on the issue, Joint Defense Agreements alone, do not result in  privity for inter partes patent reexamination purposes; at least according to the USPTO. 

Absent evidence of control ...

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post image Federal Circuit Finds PTO's Claim Construction Unreasonably Broad from www.grayonclaims.com

In re Suitco Surface, Inc. (Fed. Cir. Apr. 14, 2010)

In this case, the Federal Circuit reversed the PTO's construction of a claim term during reexamination of a patent as unreasonably broad, stating "[t ...

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post image Tour Edge Golf Sued For Infringing Golf Club Head Design Patent from www.iptrademarkattorney.com

Los Angeles, CA – Plaintiff Anthony J. Antonious is the inventor of the “Metalwood Type Golf Club Head,” which is the subject of U.S. Design Patent D499,157. Simply put, a design patent covers the ...

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post image Monday miscellany from ipkitten.blogspot.com

"Today’s students are the engineers, developers, lawyers, politicians, and managers of tomorrow". So says Noël Campling (European Patent Academy) who adds that, since awareness of what IP is and how it can be protected ...

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post image Patently-O Bits and Bytes from www.patentlyo.com

  • In March 2010, I reported on the Myriad case where the district court essentially held that all gene patents are invalid.  Since then the popular press has been pushing-hard on gene patenting stories.  My former ...

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post image Patently-O Bits and Bytes from www.patentlyo.com

In March 2010, I reported on the Myriad case where the district court essentially held that all gene patents are invalid. Since then the popular press has been pushing-hard on gene patenting stories. My former ...

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post image An appeal from ipkitten.blogspot.com

The IPKat has learned that Alan Nugent (Forresters) is terminally ill with cancer and that he is currently being cared for at the EllenorLions Hospice in Northfleet. Rather than feel sorry for himself, he's ...

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post image That Irish "three strikes" ruling: a explanation from ipkitten.blogspot.com

On Friday the IPKat posted a "breaking news" item on an Irish case, EMI Records (Ireland) Ltd and others v Eircom Ltd [2010] IEHC 108, which he somewhat unhelpfully described as being the first Irish ...

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"Colbert Report" Enters Gene Patenting Fray from www.patentdocs.org

By Donald Zuhn -- On last Thursday's "Colbert Report," host Stephen Colbert turned his attention to the Association of Molecular Pathology v. U.S. Patent and Trademark Office case that was decided on March 29 ...

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The Fantastical Economics of the Gene Patenting Debate from www.patentdocs.org

By Kevin E. Noonan -- At least since William Shockley's crackpot racial theories had their brief moment in the public discourse, it has been evident that merely achieving a Nobel Prize is not a guarantee ...

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The Fantastical Economics of the Gene Patenting Debate from www.patentdocs.org

By Kevin E. Noonan -- At least since William Shockley's crackpot racial theories had their brief moment in the public discourse, it has been evident that merely achieving a Nobel Prize is not a guarantee ...

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Resale royalty right in the EU from ipwars.com

In a dispute over which of Salvador Dali’s heirs is entitled to the benefits of the Community Resale Royalty, the ECJ has ruled that this is a matter for national law.

The 1709 ...

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Copyright Bill Introduced in Rajya Sabha Today from spicyipindia.blogspot.com

The Copyright Amendment Bill was introduced in the Rajya Sabha today. For those of you who wish to track the latest Indian bills, please refer to the excellent PRS website and twitter feed.

We'd ...

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Companies who do business with residents of Massachusetts must consider new Massachusetts privacy standards from ipspotlight.com

On March 1, 2010, new personal information protection standards took effect in Massachusetts.  The standards are published at 201 CMR 1700 and establish requirements for anyone who owns or licenses personal information about a resident ...

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Lilly's first quarter earnings drop from ipbiz.blogspot.com

Back at the time of the Cipro/anthrax story, drug companies were worried about government involvement in drug pricing.
Later, of course, a certain Louisiana Congressman helped out big time. Now, there is a cutback ...

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Negotiators: ACTA Text To Be Public This Week from www.ip-watch.org

By Monika Ermert for Intellectual Property Watch ACTA will be public. During the eighth round of negotiations for an Anti-Counterfeiting Trade Agreement (ACTA) in Wellington, New Zealand that ended Friday, the negotiating countries decided to ...

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First-to-File ANDA Applicant's Loss of 180-Day Market Exclusivity Does Not Justify Stay of Litigation from docketreport.blogspot.com

Defendant ANDA applicant's motion to stay pending the resolution of the ANDA was denied. Defendant sought a stay because the drug subject to the ANDA was covered by multiple patents, some of which received ...

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"60 Minutes" on stem cells and 21st Century Snake Oil from ipbiz.blogspot.com

On 18 April 2010, "60 Minutes" used hidden cameras to expose medical conmen who prey on dying victims by using pitches that capitalize on the promise of stem cells to cure almost any disease. The ...

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Cheating at Stanford from ipbiz.blogspot.com

From an article in networkworld by Carolyn Duffy Marsan:

Stanford University disclosed in February that 23% of its honor code violations involved computer science students, although these students represent only 6.5% of the student ...

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Toyota to accept fine over sticky pedals? from ipbiz.blogspot.com

Back on 23 March 2010, Jerry Flint had a piece in Forbes titled: Toyota, Flying Saucers And Bigfoot which included text about the Toyota acceleration issues:

Then The New York Times ran an op-ed piece ...

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Cloud manufacturing from www.athenaalliance.org

Are you ready for "cloud manufacturing"? That is Tom Friedman's new term for the global supply chains and contract manufacturing in low cost countries. In a recent column, he hails the ability of new ...

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Noises Heard: Canada’s Recent Online Copyright Consultation Process — Teachings and Cautions from www.iposgoode.ca

Richard Owens is counsel in the Toronto office of Stikeman Elliott specializing in business and commercial law, intellectual property and technology. This short comment analyses the results of the Government of Canada’s recent on-line ...

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Using trademarks for competitive intelligence from ipelton.wordpress.com

Trademark filings are of course public records at the USPTO.  With some skilled searching of USPTO filings, businesses may be able to find out what type of work their competitors are doing, or what other ...

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Judge Michel to speak on April 20: ‘How to Revise the PTO and the Patent System’ from ipbiz.blogspot.com

Chief Judge Michel
‘How to Revise the PTO and the Patent System’

Tuesday, April 20, 2010
Madison Auditorium South
10:00 am – 11:00 am

Chief Judge Michel is the recipient of the 2009 PTOS ...

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Prior Art Searches from inventivestep.net

It’s been about a year since I wrote about what to do if you have a new idea or invention.  A question that is often asked by new inventors is:  should I do a ...

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Arguing the meaning of claim terms is difficult when the spec contains broadening language from allthingspros.blogspot.com

Looking back: Last week I started a new series of arguing on appeal about the meaning of a claim term. The first post (here) highlighted a case where the Applicant won a narrower claim construction ...

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Supreme Court to Decide Case of International Copyright Exhaustion from www.patentlyo.com

Costco Wholesale Corp. v. Omega, S.A., Docket No. 08-1423 (Supreme Court 2010) The Supreme Court announced today that it would decide the international copyright exhaustion case of Costco v. Omega. Costco purchased Omega watches ...

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Supreme Court to Decide Case of International Copyright Exhaustion from www.patentlyo.com

Costco Wholesale Corp. v. Omega, S.A., Docket No. 08-1423 (Supreme Court 2010) The Supreme Court announced today that it would decide the international copyright exhaustion case of Costco v. Omega. Costco purchased Omega watches ...

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Bernards man victimized by volcano from ipbiz.blogspot.com

Of a New Jerseyan stranded in Europe because of the Icelandic volcano, AP wrote:

Many stranded travelers are also fretting over lost paychecks. Tom Napier - an American stuck in Oslo, where he had been visiting ...

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District Court Denies Teva's Motion to Stay Integrelin Case, Putting Teva At Risk of Forfeiting Its 180-Day Exclusivity from www.orangebookblog.com

Millenium Pharms. and Schering Corp. v. Teva, No. 09–105 (D. Del. 2010)

Under the “failure to market” forfeiture provision, the first ANDA filer forfeits its exclusivity is it fails to market its ANDA product ...

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District Court Declines to Stay Integrelin Case, Putting Teva At Risk of Forfeiting 180-Day Exclusivity from www.orangebookblog.com

Millenium Pharms. and Schering Corp. v. Teva, No. 09–105 (D. Del. 2010)

Under the “failure to market” forfeiture provision, the first ANDA filer forfeits its exclusivity is it fails to market its ANDA product ...

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Fed. Cir.: Incorporation By Reference Valid When Information is "Ascertanabe" By the Examiner from 271patent.blogspot.com

Harari v. Hollmer, No. 09-1406 (April19, 2010)

During an Interference proceeding, Harai was dismissed from the proceeding and the Board concluded that Harari’s claims were unpatentable for lack of written description due to an ...

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NEWSFLASH: Duke Researchers Say Patents Block Competition from www.ipwatchdog.com

Last week, on Thursday, April 15, 2010, while many individuals were scrambling at the last minute to file income tax returns in the US, Duke University released a study that, not surprisingly, says patents block ...

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World IP Day on April 26th from www.infringementupdates.com

Licensing Executives Society, (USA & Canada) Celebrates World IP Day on April 26th with a Series of Events Uniting Professionals Across the Globe

WHAT:    In celebration of  World Intellectual Property (IP) Day, the Licensing Executives ...

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Inovia Highlights Global Patent Protection Trends from www.patentbaristas.com

A survey by inovia on “US IP Trends: Global Patent Protection in 2010″ show that IP budgets may now be stabilizing for 2010. In a recent study of 150+ small to medium-sized US businesses, 72 ...

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Grid Net Attracts Big Name Investors, Leaves Policy to Utilities from greenpatentblog.com

Greentech Media recently reported that Cisco has joined Intel and GE in making equity investments in broadband smart grid startup Grid Net. According to Grid Net’s web site, the company’s “software platforms provide ...

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CBS copying CBS? from ipbiz.blogspot.com

The Backfire episode of CSI: Miami on April 19, 2010 starts with a flaming home, with a child inside, and some interesting flame special effects. The kid is saved, but later is pronounced dead. Borrowing ...

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IPads Problematic at Princeton from ipbiz.blogspot.com

from TechNewsDaily :

The problem stems not from the iPad's popularity but from the way it connects to wireless networks. Princeton University in New Jersey has blocked 20 percent of the iPads on campus because ...

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Do exclusive licenses block competition in the gene testing market ? from ipbiz.blogspot.com

There's some buzz on Gene patents and licensing: Case studies prepared for the Secretary’s Advisory Committee on Genetics, Health, and Society by Robert Cook-Deegan, MD, and Christopher Heaney, BA, with abstract:

Researchers at ...

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