Patent & IP news for July 26, 2010

Patent Litigations

USPTO Stats

5,777
published
appl'ns
5,072
granted
patents
108
ptab
decisions

Patent & IP Blogs

post image IP Man from www.717madisonplace.com

Since the Bilski decision, I’ve been seeking guidance on what is the definitive test for an “abstract idea.”  I stumbled upon an unlikely source the other day as I was walking past the rental ...

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post image Monday miscellany from ipkitten.blogspot.com

The vernacular strikes again. "Experts Break New Ground in Traditional Cultural Expression Talks" is the title of a media release from the World Intellectual Property Organization (WIPO) which, as the name suggests, indicates that discussions ...

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post image Effects on False Marking Type Statistics by Increased New Case Filings from docketreport.blogspot.com

Justin Gray of Foley & Lardner notes on his Gray on Claims blog that the number of new False Marking cases being filed has again picked up steam. This recent increase has impacted statistics on the ...

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post image Blawg Review #274 from www.lotempiolaw.com

Welcome everyone to Blawg Review #274! Blawg Review is still the place to find out where the best law blogs are posted, and because today is the 20th anniversary of the Americans Disabilities Act of ...

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post image Red Light Photo Evidence Inadmissible - Conviction Overturned from www.iptrademarkattorney.com

Orange, CA - This post is off topic, but these traffic cameras are popping up everywhere and some research shows that they cause more accidents than they prevent. The Appellate Division in the County of Orange ...

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post image Federal Circuit Nomination Update from inventivestep.net

As the Federal Circuit now sits with only 9 active judges and 3 current vacancies, Judge Kathleen O’Malley will finally get a hearing before the Senate Judiciary Committee on Wednesday afternoon.

Appointments to the ...

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post image Patent Reexamination as a Form of Litigation Damage Control from www.patentspostgrant.com

Threat of Injunction Dissolves in Flexiteek Litigation

The initiation of patent reexamination for patents subject to concurrent litigation can provide strategic benefits independent of the ultimate outcome of the reexamination. These litigation inspired applications of ...

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USPTO trademark news and updates from ipelton.wordpress.com

Here is a variety of recent USPTO-related news and announcements [It is great to see the USPTO communicating with the public more frequently and in more ways]:

  • The next Trademark Public Advisory Committee (TPAC) meeting ...

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WIPO Sees First Real Progress On Text For Protection Of Folklore In 10 Years from www.ip-watch.org

Experts meeting last week at the World Intellectual Property Organization made the first real strides in over a decade at developing a concrete rules to protect the cultural expressions and folklore of indigenous and local ...

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RCE Filings: The Facts from www.uspto.gov

Special Guest Blog by Commissioner for Patents Bob Stoll

 

To address recent inquires as to whether RCE filings at the USPTO are rising, I asked the Patents team to look into it. Interestingly, it turns ...

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Different strokes from www.athenaalliance.org

Over at the IAM blog there is a posting that everyone interested in patent policy and technology licensing should read - IP value creation at IBM and Microsoft - compare and contrast. Without giving away too much ...

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Bratz in a Barbie World from eyesonip.blogspot.com

Whether you grew up playing with dolls or action figures, somewhere in your past a Barbie made her way into your playroom. The “unrivaled queen” of the fashion–doll market, Barbie’s 20th century reign ...

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Why won't companies hire from www.athenaalliance.org

An interesting story line on the Great Recession has developed over the past few days. It appears that while company profits are up, company investment is not. The Sunday New York Times ran a story ...

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Defendant's Inadequate Data Retention Policies, Loss of Source Code for Patented Software did not Warrant Terminating Sanctions for Spoliation from docketreport.blogspot.com

Plaintiff's motion for terminating sanctions for alleged spoliation of evidence was denied. "The fact that [defendant] no longer has the original source code and the reasons it would be expected to have it will ...

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Cleantech Energy Patent Landscape Webcast from www.infringementupdates.com

Per Edouard LeFevre's post at Foley's Nano & Cleantech Blog on July 29, 2010, Foley & Lardner will host a webcast:

Foley's Rewards and Risks of “Green” Web Conference Series explores ways for executives ...

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Australian Patent Office Refines Test for Patentability of Business Methods from www.patentbaristas.com

Hot on the heels of the Bilski decision in the US, the Australian Patent Office has now refined the Australian test for the patentability of business methods.

The patent application in question relates to a ...

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Google helps to fight plagiarizing bloggers from ipbiz.blogspot.com

from helium:

Google has come to the rescue. Google will not allow content thieves to make Adsense commissions from stolen content. Google can insist that the offending content be removed, or that attribution or other ...

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NYT blog scientifically challenged? from ipbiz.blogspot.com

From a NYT blog by Matthew Wald:

Electric cars are designed so that when a driver hits the brake pedal, the electric motors switch functions and become generators, converting momentum back into current.

The piece ...

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Suck it, El Jobso from tacticalip.com

by Jason Fischer A while back, attorneys for Apple concocted a creative argument for why jailbreaking your iPhone constituted an infringement of the copyrights in the device’s software, based on the non-circumvention provisions of ...

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Extensions Of Time, How To Petition For An Extension, And Examples Of Petitions from patentablydefined.com

When an Office action is issued by the USPTO, the time period for filing a reply begins.  If a reply is not filed within the period specified in the Office action, the application is technically ...

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Trial Judge Terminates Injunction After PTO Issues Advisory Action in Reexamination from www.ipwatchdog.com

The sequence of events of In re Swanson is well known. Judge James Cohn of the Southern District of Florida has now taken the Swanson approach one step further – in Flexiteek Americas v. PlasTEAK (Case ...

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Prometheus v. Mayo: En Banc Petition on Patetability of Medical Method from www.patentlyo.com

Prometheus Laboratories, Inc. v. Mayo Collaborative Services (Fed. Cir. 2010)(on petition en banc)

by Dennis Crouch

In the wake of the Supreme Court ruling in Bilski v. Kappos, Mayo has petitioned the Court of ...

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Copyright Office issues new DMCA exemptions: iPhone jailbreaking, noncommercial use of DVD snippets from www.filewrapper.com

Every three years, the United States Copyright Office seeks proposals for exemptions from the Digital Millennium Copyright Act ("DMCA").  As part of the DMCA, it became unlawful to circumvent access control measures copyright holders used ...

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A Line in the Sand is Drawn: Trademark Dilution or Ordinary Use? from www.iposgoode.ca

Vincent Doré is a JD/MBA candidate at Osgoode Hall Law School and Schulich School of Business. In a recent trademark dilution case, Ninth Circuit Chief Judge Alex Kozinski wrote an eloquent opinion that clearly ...

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Changes to Basel capital requirements and intangibles from www.athenaalliance.org

Earlier today, the Basel Committee on Banking Supervision of the Bank of International Settlements reached some agreement on a bank reform issue -- specifically on what constitutes "capital" that banks have to hold as part of ...

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BOROSON reviews Sokolow plagiarism from ipbiz.blogspot.com

In a piece titled A memorable case of plagiarism has its roots in New Jersey , Warren Boronson discusses the Sokolow matter,
involving plagiarism by one Jayme Sokolow ( who received a B.A. from Trenton State ...

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BPAI analyzes § 101 under both and Benson from allthingspros.blogspot.com

BPAI analyzes § 101 under both Machine-or-Transformation and Benson (Ex parte Caccavale)

Takeaway: In affirming a § 101 rejection, the BPAI analyzed method claims using the Machine-or-Transformation test and then analyzed under the "abstract idea" test using ...

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On the Record Interview with Chief Judge Paul Michel, Part 1 from www.ipwatchdog.com

After 1 hour and 40 minutes I had hardly covered one-third of my questions, and I think you will see that we had a very lively discussion about many things, including Judge Michel's investigation ...

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Copyright Office issues new DMCA exemptions: iPhone jailbreaking, noncommercial use of DVD snippets from www.filewrapper.com

Every three years, the United States Copyright Office seeks proposals for exemptions from the Digital Millennium Copyright Act ("DMCA").  As part of the DMCA, it became unlawful to circumvent access control measures copyright holders used ...

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Bob Park does algae/biofuel on 23 July 2010 from ipbiz.blogspot.com

From Bob Park's WN on July 23, 2010:

It's not like harvesting corn once a year; algae gives you a new crop every day. The first step is to find the ideal oil-producing ...

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Enablement examiner questions not relevant from allthingspros.blogspot.com

Takeaway: In Ex parte Morooka, the BPAI reversed an enablement rejection because the rejection amounted to a general allegation that inadequate information was disclosed rather than a "reasonable explanation as to why the scope of ...

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New insight into Toyota acceleration problem from ipbiz.blogspot.com

from cbs11:

Todd Hubing is an electrical engineering professor at Clemson University in South Carolina. He is now the second researcher this year to find problems with Toyota's electronic throttle controls.

Just this month ...

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