Patent & IP news for June 30, 2010

Patent Litigations

USPTO Stats

8,364
published
appl'ns
5,093
granted
patents
104
ptab
decisions

Patent & IP Blogs

post image Prep & Pros: Separated by a Backlog from www.patentlyo.com

The world continues to turn even though several hundred thousand patent applications are sitting examined at the US Patent Office.  During this multi-year delay, patent attorneys change jobs, receive promotions, raise billing rates, etc.  One ...

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post image A map, a copyright dispute and the Bundesverfassungsgericht from ipkitten.blogspot.com

Not that many IP related cases make it all the way to the German Federal Constitutional Court “Bundesverfassungsgericht” (not to be confused with the Bundesgerichtshof), so this Kat was intrigued to read about a constitutional ...

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post image Inconsistent Claim Interpretation Practices in Patent Reexamination from www.patentspostgrant.com

DOES THE ORIGINAL PROSECUTION HISTORY FACTOR INTO A BROADEST REASONABLE INTERPRETATION ANALYSIS?

It is well established that a broadest reasonable interpretation (BRI) claim analysis is applied in both the prosecution of patent applications as well ...

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post image Contingent invalidity appeal spared by bifurcation from patlit.blogspot.com

The Court of Appeal for England and Wales today published its decision in Medtronic CoreValve LLC (formerly CoreValve Inc) v Edwards Lifesciences AG and Edwards Lifesciences PVT Inc [2010] EWCA Civ 704 -- another in the ...

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post image Bilski Reaction from inventivestep.net

Reaction to the Supreme Court’s Bilski decision has come from several fronts.

Prometheus v. Mayo

As many predicted, the Supreme Court issued a GVR (grant, vacate, remand) order in this case and sent it ...

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post image Damages in Mexico: a helpful explanation from ipfinance.blogspot.com

"How to claim damages for IP violations", by Juan Carlos Amaro Alvarado and Carlos Hernandez (Becerril, Coca & Becerril SC), originally published in IAM magazine, has now been posted here on International Law Office. This article ...

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post image BILSKI: the Good, the Bad, and the Ugly from hallingblog.com

First, the decision that Bilski’s claims were not considered to be patentable subject matter is not surprising.  The Supreme Court’s hostility to the Bilski patent was evident in oral argument.

THE GOOD

It ...

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post image Meaning from www.patenthawk.com

A deluge of patent lawyers wanting to explain the import of the Supreme Court's Bilski bonk has besieged my email inbox, and maybe yours too. Let me save you the time. Of the SCOTUS ...

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post image USPTO Issues Interim Guidance To Patent Examiners In Wake Of Bilski Decision from www.patentabilityblog.com

Following the Supreme Court’s decision in Bilski v. Kappos (see our post here), the USPTO issued a memorandum to provide interim guidance to the Patent Examining Corps.  For now, the USPTO will continue to ...

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post image Why do Applicants File So Many Requests for Continued Examination? from www.patentlyo.com

Of the patents issued thus far in 2010, more than 25% carry the baggage of a file history with at least one request for continued examination (RCE) and that rate is expected to rise. RCEs ...

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post image Wednesday whimsies from ipkitten.blogspot.com

Around the blogs. The sharp-eyed Hugo Cox has drawn my attention to a Danish IP weblog, Innovationpartners (subtitle: a weblog about IP and innovation), masterminded by Kristian E. Beyer (now with Frederiksberg Forsyning A/S ...

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post image Section 273 is NOT a Red Herring: Stevens’ Disingenuous Concurrence in Bilski from www.ipwatchdog.com

After days, weeks, and months of anxious waiting, the U.S. Supreme Court (finally) issued its ruling in Bilski v. Kappos.  Not surprisingly (and as many predicted, including me), the Federal Circuit’s “machine or ...

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USPTO Requests Comments Regarding Proposed Changes to Restriction Practice from www.patentdocs.org

By Sarah Fendrick -- The U.S. Patent and Trademark Office announced in a notice published in the Federal Register (75 Fed. Reg. 33584) that it is considering changes to restriction practice aimed at improving the ...

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Reaction to Bilski v. Kappos from www.patentdocs.org

By Donald Zuhn -- The Supreme Court waited until the eleventh hour to issue its long-awaited decision in Bilski v. Kappos, affirming the Federal Circuit's determination that an application directed to hedging risk in energy ...

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Recent registrations from ipelton.wordpress.com

Here is another sampling of recent registrations our clients have received from the USPTO, so readers can see real examples of brands and marks which are being protected:

(These are all public records – click on ...

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Good Reminder from Paul Jones: The Hidden Costs of "Free" Grant Money for Innovators from sharpip.blogspot.com

I'm happy to announce that Paul Jones, an attorney and highly connected champion of innovation with lots of experience helping startups, now has his own blog where he posts about innovation, startups, and the ...

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In re Bilski Roundup from inventblog.com

I doubt any readers of this blog don’t know that the Supreme Court decided In re Bilski on Monday.

Rather than summarize the case like every other patent blog…I’ll link to what ...

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GDP as if R&D was an investment from www.athenaalliance.org

In my earlier posting on GDP, I noted that BEA is working on including intangibles in the data (see also the BEA article "Toward Better Measurement of Innovation and Intangibles"). As part of that effort ...

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Bilski for the rest of us from intellogist.wordpress.com

It seems like everyone’s got a take on Bilski v. Kappos, the biggest US Supreme Court ruling on patents since KSR. The blogs and tweets are out in full force trying to determine exactly ...

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Supreme Court re-opens door for patentability of business methods in Bilski v. Kappos, but offers little guidance for patent applicants from ipspotlight.com

On June 28, 2010, the U.S. Supreme Court issued its long-awaited decision in Bilski v. Kappos.  The patent application at issue involved a method of hedging against risk of price changes in energy market ...

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Delay Alone Does Not Establish Prejudice Necessary for Prosecution Laches Defense from docketreport.blogspot.com

In granting plaintiff's motion for summary judgment that its claims were not barred by prosecution laches, the court rejected defendant's argument that "plaintiff lacked a reasonable basis for filing the continuation application and ...

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Patently-O Readership Survey from www.patentlyo.com

[Four-Minute ANONYMOUS SurveyMonkey Survey] I understand that Patently-O has perhaps hosted too many surveys over the past few days. However, this survey is the most important one because it impacts my bottom line. I use ...

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ACTA Risks Long-Term Damage To Democratic Public Policymaking, NGOs Say from www.ip-watch.org

An agreement on international intellectual property rights enforcement now under negotiation in Lucerne, Switzerland runs the risk of ushering in a new and undemocratic precedent for international policymaking that could have long-term damaging effects on ...

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No discussion of Kagan/Dershowitz Harvard matter? from ipbiz.blogspot.com

Curiously, for all the discussion of Kagan in the Senate, there has been little focus on her actions as Dean during the Deshowitz and Tribe plagiarism matters.

There is one recent post titled Did Kagan ...

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Generic Amerge® (Naratriptan) – Significant Opportunities for Generic Manufacturers from www.infringementupdates.com

The following is excerpted from a June 28, 2010GenericsWebpress release announcing the release of anarticleby Dae Oh:

GenericsWeb, a leader in established pharmaceutical patent searching and analysis, recently published an article ...

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Some IP blogs from ipkitten.blogspot.com

A couple of times each year, the IPKat -- together with Merpel, the AmeriKat and Tufty -- reminds readers about some of the intellectual property-flavoured weblogs in which one or more members of the IPKat team participate ...

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Bilski v. Kappos | Supreme Court | 35 USC 101 | Business Methods from iskraip.com

On June 28, 2010, the Supreme Court rendered what was arguably one of the most anticipated patent law cases: Bilski v. Kappos. Although the Court held that Bilski’s claims did not satisfy the 35 ...

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Bilski v. Kappos and business method patents from www.postgrant.com

It took 231 days for a decision to be rendered in Bilski v. Kappos, longer than any other Supreme Court patent case in recent memory. Since oral arguments took place on November 9, 2009 ...

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