Patent & IP news for April 22, 2010

Patent Litigations

USPTO Stats

5,572
published
appl'ns
4,862
granted
patents
114
ptab
decisions

Patent & IP Blogs

post image Unclear from www.patenthawk.com

Nissim sued ClearPlay for patent infringement. They settled by ClearPlay taking a license, paying ongoing royalties. Nissim got upset that ClearPlay wasn't playing it straight, so Nissim sued to enforce the agreement, as well ...

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post image Bad Kissinger gets no GI protection as Commission strikes out German mass application from ipkitten.blogspot.com

Posted today on the website of the European Union's online Official Journal is a most rare and unusual document -- Commission Decision of 19 April 2010 rejecting a list of applications for entry in the ...

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post image Evangelizing Strategic IP Management and Monetization from www.ipprospective.com

I delivered a presentation today to the Kentucky Bar Association’s Annual Corporate Counsel Conference titled Strategic IP Management: Shifting the Practice from Ex Post to Ex Ante.   The conference was well attended by numerous ...

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post image The best way to avoid copyright from thinkipstrategy.com

Don't copy. 

Make your own stuff, don't copy someone else's.  Be innovative and create your own.

If you come up with the same stuff independently - and I mean without even a hint ...

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post image Fat cats feel the squeeze? Pharma's lean time in Europe from ipkitten.blogspot.com

Although it's not actually an intellectual property case, today's ruling in Case C‑62/09, The Queen, on the application of the Association of the British Pharmaceutical Industry v Medicines and Healthcare Products ...

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post image Something to read -- and indeed to sample from ipkitten.blogspot.com

Always fascinated by lawbooks for laymen, the IPKat notes the recent publication of Patent Law for Computer Scientists: Steps to Protect Computer-Implemented Inventions, by Daniel Closa, Alex Gardiner, Falk Giemsa and Jörg Machek.
Who are ...

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post image USPTO Releases 1st Quarter 2010 Patent Reexamination Stats from www.patentspostgrant.com

Yesterday, the USPTO released ex parte and inter partes reexamination statistics for the 1st Qtr of 2010. Reexamination filings continue to rise significantly. First quarter results alone show 126 inter partes reexamination filings, this number ...

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post image TotalPatent Semantic Search from intellogist.wordpress.com


After recently gaining more experience and insight into LexisNexis’ patent search system TotalPatent, the Semantic Search feature stands out as one of its best. TotalPatent implements Semantic Search, a latent semantic analysis system, in a ...

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post image British election latest: Marmite takes on the BNP from ipkitten.blogspot.com

The BBC has reported today that leading global brand owner Unilever is threatening legal action against the British National Party in order to prevent it from using a jar of the popular Marmite spread in ...

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post image They Invented What? (No. 167) from anticipatethis.wordpress.com

U.S. Pat. No. 2,602,996:  Revolving spaghetti fork.

 

What I claim is:

A revolving spaghetti fork comprising a handle and a shank with prongs on the end thereof ro- 25 tatable with respect ...

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post image 'Working' a Patent under the Indian Patent Act, 1970 – Does importation of a patented invention count? from spicyipindia.blogspot.com

In early January this year Sai had carried a post on a public notice issued by the Patent Office, under Section 146 of the Patents Act, requesting all patentees to furnish statements, by 31st of ...

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MPEG LA Announces Formation of Gene Patent Pool from www.patentdocs.org

By Donald Zuhn -- In a press release issued earlier this month, MPEG LA, LLC announced that it was launching an initiative to enhance the availability of gene patents for diagnostic testing. MPEG LA, which describes ...

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Free Software Used To Fight Piracy, Broaden Knowledge Access In Ecuador from www.ip-watch.org

A joint project being launched by a regional non-profit group along with the Ecuador’s intellectual property office (IEPI) aims to reduce software piracy by offering a free software alternative through public libraries. The initiative ...

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Senators Seek US Investigation Of China’s IP Infringement from www.ip-watch.org

United States Senate Finance Committee Chairman Max Baucus (Democrat, Montana) and ranking member Chuck Grassley (Republican, Iowa) this week requested a US government investigation of the effect of China’s IP rights infringement on American ...

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False Marking Statute of Limitations Applies to Each Instance of Marking from docketreport.blogspot.com

Plaintiff's motion to dismiss defendant's false marking counterclaim as barred by the statute of limitations was denied. The court rejected plaintiff's argument that "because [defendant] alleges that [plaintiff] began falsely marking more ...

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Monec v. Apple: maybe the iPhone's display isn't small after all from allthingspros.blogspot.com

Looking back: Earlier I posted (here) about Apple's victory against holding company Monec. Apple won summary judgment of non-infringement in the Eastern District of Virginia before discovery even began. The claims require a display ...

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OECD paper on patent marketplace from www.athenaalliance.org

I recently came across an OCED report from last December on The Emerging Patent Marketplace written by Tomoya Yanagisawa and Dominique Guellec. The paper covers some of the same ground as our two working papers ...

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OpenCourseWare program sees rise and makes rapid strides for free education online from www.iposgoode.ca

Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. The much deliberated topic of making education easily accessible and available for no cost is indeed coming closer to reality, with a huge increase ...

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Guest Post: ACTA – A Draft Trade Agreement with a Potential to Create Trade Barriers? from spicyipindia.blogspot.com

The Spicy IP team is delighted to bring to the readers a Guest Post by Dr. Henning Große Ruse–Khan, who has kindly agreed to share with us the following comment on the ACTA draft ...

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Tech Transfer Offices' Foreign Filing Approach from info.inoviaip.com

At the AUTM 2010 Annual Meeting, several University Technology Transfer Office (TTO) executives asked us how and why TTOs are using inovia and what benefits they see.  Here's a brief case study of a ...

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Inovia and TTOs: A Case Study from info.inoviaip.com

At the AUTM 2010 Annual Meeting, several University Technology Transfer Office (TTO) executives asked us how and why TTOs are using inovia and what benefits they see.  Here's a brief case study of a ...

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Can I Copyright My Logo, Slogan, or Business Name? from patents101.com

Entrepreneurs rightly value good ideas for business names, brand names, logos, slogans and, in creative industries, titles. A creative business name or striking logo can do wonders for establishing your brand and building customer loyalty ...

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CAFC finds no 1338 jurisdiction in licensing case from ipbiz.blogspot.com

In finding it had no jurisdiction in the licensing case involved in CLEARPLAY v. MAX ABECASSIS and NISSIM CORP, the CAFC quoted the Supreme Court in Christianson:

“a claim supported by alternative theories in the ...

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Send a “Yes on Issue 1″ E-Postcard from www.patentbaristas.com

Issue 1 is a statewide ballot measure on the May 4 primary ballot that will renew and continue Ohio’s successful economic development and jobs creation program, the Ohio Third Frontier initiative. A public-private partnership ...

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Ecuador Grants First Compulsory Licence, For HIV/AIDS Drug from www.ip-watch.org

Ecuador this month granted its first compulsory licence for a patented pharmaceutical since declaring last year that it would utilise international rules allowing it to do so. The move has already brought the country substantial ...

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Where do you draw the line between “common sense” and hindsight? from www.717madisonplace.com

Electronic check processing is a quickly developing field that is becoming the subject of an increasing number of patent applications. The non-obviousness of one such application (assigned to a government charter organization, the Federal Reserve ...

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Artistic plagiarism from Winnipeg from ipbiz.blogspot.com

The Winnipeg Free Press wrote:

Two Winnipeg artists are involved in a copyright dispute that is earning national attention.

The Globe and Mail reported Wednesday that the Montreal Museum of Contemporary Art (MMCA) has stopped ...

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Too Little, Too Soon Better Than Much Too Late from eyesonip.blogspot.com

If you own a copyright, patent, or trademark, you have a calculation to make when you discover someone you believe is infringing your rights—how aggressive to be in protecting them. On the one hand ...

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12-Month Extension to the Provisional Patent Application Period - Buying More Time to Commercialize Your Invention from www.iplawalert.com

On April 2, 2010, the USPTO issued a press release and published in the Federal Register a request for comment on a proposed change that would effectively give applicants a 12-month extension to the current ...

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MDB Capital report-worth a read from www.tangible-ip.com

There is a very interesting post across at Joff Wild’s IAM blog highlighting a study by MDB Capital Group on the relationship between patent quality and stock performance. http://www.iam-magazine.com/blog/Detail ...

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Patent Reform Bill Implications from www.infringementupdates.com

The following is excerpted from an April 2010 IMS Expert Services BullsEye Bulletin by Robert Ambrogi: Long-debated legislation to overhaul the nation's patent system could be headed soon to a vote by the full ...

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Profile of an Article One Patent Researcher: Stacey Anderson-Redick from info.articleonepartners.com

Our community of researchers is rapidly growing, and we would like to take a moment to profile a few researchers, whom we call Advisors. 

Article One is proud to recognize Advisor Stacey Anderson-Redick (EagleEye).  Stacey ...

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"Tomorrow belongs to me"? from ipbiz.blogspot.com

The episode of CSI: Crime Scene Investigation on 22 April 2010 titled World's End had a Nazi-related theme. [Note song "Tomorrow Belongs to Me" performed by students in uniforms wherein the teacher says: a ...

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Patent Reform Before Memorial Day? from 271patent.blogspot.com

From Tech Daily Dose:

Senate Judiciary Chairman Patrick Leahy, D-Vt., is pressing Senate leaders to bring his patent overhaul legislation to the Senate floor before the Memorial Day break. Senate Majority Whip Richard Durbin, D-Ill ...

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Post-Wyeth PTA Calculation Errors? from anticipatethis.wordpress.com

As many practitioners understand,  a patentee is entitled under 35 U.S.C. 154(b)(1)(A-C) to a patent term adjustment (PTA).  Subject to certain limitations, a PTA is determined if (A) the USPTO ...

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