Patent & IP news for July 20, 2010

Patent Litigations

USPTO Stats

5,197
published
appl'ns
5,072
granted
patents
74
ptab
decisions

Patent & IP Blogs

post image Patenting by Entrepreneurs: The Berkeley Patent Survey (Part II of III) from www.patentlyo.com

Guest Post by Robert Merges and Pamela Samuelson, UC Berkeley School of Law; Ted Sichelman, University of San Diego School of Law

In our previous post, we discussed three major findings from the Berkeley Patent ...

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post image Updated Bilski Guidance Forthcoming From the USPTO from www.patentabilityblog.com

In response to the U.S. 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 (see our post ...

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Appellees Move for Recusal of Chief Judge Rader in AMP v. USPTO Appeal from www.patentdocs.org

By Donald Zuhn -- In a motion filed on June 28, Plaintiffs-Appellees in the Association for Molecular Pathology v. United States Patent and Trademark case have moved for Chief Judge Randall R. Rader to recuse himself ...

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Patenting Broccoli and Tomatoes from www.ipeg.eu

Today the European Patent Office’s Large Board of Appeal will hear a highly contested and much anticipated case on on the patentability of biotechnological enhanced breeding methods (in this case for broccoli and tomatoes ...

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Tips for successful negotiations from ipelton.wordpress.com

Tips for Effective Negotiating:

You can’t always get what you want, But if you try sometimes you might find, You get what you need

- Rolling Stones (1969)

The following stages of negotiation are covered ...

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False Marking Intent to Deceive Cannot be Inferred From Knowledge of the Limited Duration of Patents and Expiration of Marked Patents from docketreport.blogspot.com

Defendant's motion to dismiss plaintiff's false marking claim for failure to plead with particularity was granted in part. "[S]pecific facts showing Defendant’s knowledge of falsity or intent to deceive are critically ...

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False Marking Intent to Deceive Cannot be Inferred From Knowledge of the Limited Duration of Patents and Expiration of Marked Patents from docketreport.blogspot.com

Defendant's motion to dismiss plaintiff's false marking claim for failure to plead with particularity was granted in part. "[S]pecific facts showing Defendant’s knowledge of falsity or intent to deceive are critically ...

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Toyota blinks on Prius patent dispute from ipbiz.blogspot.com

AP noted a quote: "After six years of litigation, we are pleased to reach a settlement with Toyota," said Frances Keenan, chairman of the Paice board, in a statement.

Also: http://ipbiz.blogspot.com/2010 ...

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New RCE Docketing Delays Examination from www.pharmapatentsblog.com

Checking the status of a U.S. patent application after you’ve filed a Request for Continued Examination (RCE) can be confusing and disheartening. Even if you’ve filed several responses and conducted an examiner ...

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Innovation and regulation from www.athenaalliance.org

Steven Pearlstein's latest column (Can regulation beget innovation?) is based on this insight:

It's been 20 years since Harvard Business School professor Michael Porter provided scholarly support for the notion that, rather than ...

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Interesting Operators of Thomson Innovation from intellogist.wordpress.com

One of my favorite parts of our recent full update and revision of the Thomson Innovation Intellogist Report is the extensive detail on allowed operators. Operators are the specialized search conjunctions, wildcard/truncation features, and ...

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Plagiarism issue in Supreme Court decision from ipbiz.blogspot.com

In the Phillipines, plagiarism charges have been leveled against Associate Justice Mariano del Castillo in the decision in the "comfort women" case.

The manilastandardtoday reports: Del Castillo was accused of copying two foreign law journals ...

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Consensus On Binding Biodiversity Agreement Elusive, To Reconvene in September from www.ip-watch.org

A last-chance negotiation of a draft protocol text on biodiversity access and benefit-sharing has been given yet another chance as delegates parted ways on Friday in Montreal without an agreement but with a tentative plan ...

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USPTO Strategic Plan - Now Open for Comment from www.uspto.gov

By now you have probably heard that the USPTO draft Strategic Plan for 2010-2015 is posted and open for comment.  We recently announced that we have extended the comment period to August 2.  If you ...

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RTI applications seeking information on the Chairperson of the Copyright Board from spicyipindia.blogspot.com

Continuing with our mission to increase transparency and accountability at Indian intellectual property institutions, we have filed, with the Central Public Information Officer (CPIO) of the Copyright Division, Ministry of HRD, applications under the Right ...

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Update on Telework Legislation from www.uspto.gov

This is a good opportunity to update the topic of telework, for two reasons.  First, it remains a topic of vital importance to many USPTO employees.  And second, there is actually very important news to ...

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The Roadmap To The Supreme Court For Bernard Bilski from tacticalip.com

by Mark Malek Many of my clients have been following the Bilski case.  As our readers know, the case of whether or not a method for hedging risks in commodities trading was recently decided by ...

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"The top's cheating to thrive, the bottom's cheating to survive" from ipbiz.blogspot.com

An NPR story on plagiarism concludes with a quote from Don McCabe, a professor at Rutgers University Business School :

"The top's cheating to thrive, the bottom's cheating to survive, and those in the ...

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US Celebrations for the 20th anniversary of ADA from www.lotempiolaw.com

Guest Blogger: Adam Singh

The Americans with Disabilities Act (ADA),  was signed on July 26, 1990 by then President George H. W. Bush.  The ADA prohibits any discrimination based solely on a person's disability ...

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Recent Developments in False Marking Litigation from www.iplawalert.com

When the United States Court of Appeals for the Federal Circuit decided Bon Tool, it unwittingly triggered an avalanche of litigation against major corporations brought under 35 U.S.C. § 292, the false marking statute ...

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Bilski Podcast from inventivestep.net

Here’s a recent podcast that is a debate by Professor John Duffy of George Washington Law School and Professor David Olson of Boston College Law School.  The podcast was sent to me by the ...

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American Inventors for Patent Reform from hallingblog.com

AIPR has provided an excellent analysis of the numerous problems with the present “Patent Reform” bill.  There analysis is reproduced below:

S.515 and HR.1260, the Patent Reform Act: the weak grace period harms ...

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Investiture Ceremonies from www.717madisonplace.com

Presumably at some date in the near future US District Court Judge Kathleen O’Malley and attorney Edward DuMont will be confirmed by the Senate for seats on the US Court of Appeals for the ...

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Summertime at IP Osgoode from www.iposgoode.ca

With the latter portion of the summer now upon us here in Canada, IP Osgoode will be slowing down its volume of blog posts, updates and newsletters slightly over the rest of the July and ...

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Copyright, Contracts, Creators – New Media, New Rules from www.iposgoode.ca

Professor Giuseppina D’Agostino (Osgoode Hall Law School) has authored a new book entitled “Copyright, Contracts, Creators – New Media, New Rules”.  The book is briefly described below. The digital world has put content within arm ...

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Prior Art Search Tools from www.infringementupdates.com

The following is excerpted from a July 13, 2010 Article One Partners Patent Quality Review Blogpostby David DiGiammarino:

The Article One team is proud to congratulate one of our Researchers, known as "Specialist ...

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Great post on IDS – McKesson from inventblog.com

Pharma Patents blog on Three Easy Solutions to the McKesson Problem.

Related posts:

  1. New patent bill…Post-Grant Opposition Procedures Matt Buchanan of PromoteTheProgress.com is at a CLE today and...
  2. Fed Cir Blog on Post-Pfaff ...

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Not Bilski rehash from allthingspros.blogspot.com

It's been three weeks since Bilski v. Kappos was released, and I've been deluged with blog posts, client alerts, and seminars that amount to nothing but Yet Another Rehash of Bilski.

Still, some ...

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Patent Stakeholders Speak Out On Enhanced Examination Timing Control Initiative from www.pharmapatentsblog.com

On July 20, 2010, the USPTO hosted a public meeting on the proposed Enhanced Examination Timing Control Initiative, which would offer three tracks for examination while delaying examination of foreign-based applications.  (Other blog articles discuss ...

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