Patent & IP news for July 28, 2010

Patent Litigations

USPTO Stats

5,777
published
appl'ns
4,133
granted
patents
108
ptab
decisions

Patent & IP Blogs

post image SpicyIP Tidbit: ' Greenpeace 'advised' to remove TATA logo from game from spicyipindia.blogspot.com

Readers have very likely already seen the news of TATA having dragged Greenpeace to the Delhi High Court in a defamation and trademark infringement suit over the use of its logo (stylized T in a ...

Share via E–mail | Twitter | Facebook

post image Terminal from www.patenthawk.com

Eli Lilly markets cancer drug Gemzar®, the active ingredient of which is gemcitabine. 4,808,614 claims gemcitabine, and a method for treating viral infections using gemcitabine. 5,464,826 claims using gemcitabine to treat ...

Share via E–mail | Twitter | Facebook

post image In case you missed them ... from ipfinance.blogspot.com

Some recent posts on other weblogs may be of interest and/or concern to IP Finance readers. I've listed them here for your comfort and convenience:
* In "Serious Damages", Hugo Cox notes for The ...

Share via E–mail | Twitter | Facebook

post image Examiner Comments in Prosecution History Discounted as Unskilled? from www.patentspostgrant.com

The relevance of original patent application prosecution history in patent reexamination remains an unsettled issue at the USPTO. As we discussed last month, the MPEP mandates the application of Phillips v. AWH Corp., 415 F ...

Share via E–mail | Twitter | Facebook

Interest on damages for infringement not a correctable error from patlit.blogspot.com

Yesterday's decision of Mr Justice Floyd (Patents Court, England and Wales) in the latest round of Leo Pharma A/S and another v Sandoz Ltd [2010] EWHC 1911 (Pat) (see earlier post here) picks ...

Share via E–mail | Twitter | Facebook

Is USPTO 3-Track Plan TRIPS Non-Compliant? from www.ip-watch.org

A new proposal from the United States Patent and Trademark Office (USPTO) for a “Three Track” system for patent examination may violate US obligations under the World Trade Organization Trade-Related Aspects of Intellectual Property Rights ...

Share via E–mail | Twitter | Facebook

USPTO Seeks Comments On Post-Bilski Guidelines from www.ip-watch.org

The United States Patent and Trademark Office (USPTO) has posted supplemental interim guidance for the patent examining corps to use when determining subject matter eligibility under 35 U.S.C. § 101 in light of the ...

Share via E–mail | Twitter | Facebook

Global AIDS Conference Sees Pledge Of Access, Call For Funding; IP Rights Discussed from www.ip-watch.org

The global AIDS community meeting in Vienna last week ended with renewed determination to fight the epidemic but underlined an urgent need for increased funding to sustain scientific advances and universal access. Some warned against ...

Share via E–mail | Twitter | Facebook

The USPTO’s Interim Guidance For Determining Subject Matter Eligibility for Process Claims from patentablydefined.com

The USPTO has published Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos. This Interim Guidance went into effect yesterday, July 27, 2010, supersedes previous guidance on subject ...

Share via E–mail | Twitter | Facebook

A Question of Balance: Freedom of Expression vs. The Reputation of an Individual from www.iposgoode.ca

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. In a recent English case involving the Times Newspapers Ltd (“Times”) and Detective Sergeant Gary Flood (“DS Flood”), the Court of Appeal interpreted the ...

Share via E–mail | Twitter | Facebook

Is it really all aggregate demand? from www.athenaalliance.org

In my earlier posting on jobs, I touched upon the growing debate as to whether the US is facing a structural change and must now confront structural unemployment. This brings to mind something that has ...

Share via E–mail | Twitter | Facebook

Oracle and Financial Systems Technology from ipbiz.blogspot.com

Oracle seems to be trying to escape ED Texas:

Oracle Corporation (Oracle) submits a petition for a
writ of mandamus to direct the United States District
Court for the Eastern District of Texas to (1 ...

Share via E–mail | Twitter | Facebook

PTO Interim Guidance on Bilski from inventivestep.net

Yesterday, the PTO published Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. KapposThe Federal Register notice requests public comments on the Guidance by September 27.  Specifically, the ...

Share via E–mail | Twitter | Facebook

Reminder: Urgent Call To Support Intellectual Property Watch from www.ip-watch.org

Dear Readers, we at Intellectual Property Watch are writing to politely remind you that the financial support of every one of you is needed this year, especially those of you who have long benefited from ...

Share via E–mail | Twitter | Facebook

Changing the Law of Inequitable Conduct: Abbot Briefs its Case from www.patentlyo.com

TheraSense, Inc. (Abbott Labs.) v. Becton, Dickinson and Co. (Fed. Cir. 2010)(En Banc Rehearing)

In TheraSense v. BD, an en banc Federal Circuit is reconsidering the doctrinal structure that it has created to handle ...

Share via E–mail | Twitter | Facebook

Injunction in Bimbo Bakeries case maintained; secret muffin formula still safe? from ipbiz.blogspot.com

On 27 July 2010, the Third Circuit issued a rulilng in the "Bimbo Bakeries"/Thomas' English Muffin case:

The issue on appeal is
whether the District Court erred in enjoining appellant Chris
Botticella, formerly a ...

Share via E–mail | Twitter | Facebook

Nyce blames the gardener, Enyo from ipbiz.blogspot.com

MSNBC did a story on Jonathan Nyce on 25 July 2010. Nyce is blaming the gardener Enyo:

The man who jonathan nyce is targeting as michelle's killer is the family landscaper, enyo, who nyce ...

Share via E–mail | Twitter | Facebook

Bedbugs taking over New York City? from ipbiz.blogspot.com

First line in an AP story: Bedbugs are spreading at an unprecedented rate in New York City, and officials on Wednesday [July 28] announced the start of a plan to battle the infestation...

Meanwhile, Obama ...

Share via E–mail | Twitter | Facebook

Plaintiff's Counsel's Prior Prosecution Work Concerning Defendant's Accused Products Warrants Disqualification from docketreport.blogspot.com

Defendant's motion to disqualify plaintiff's counsel was granted where the disqualified law firm employed an attorney who previously represented defendant. "[The attorney] was involved in patent prosecution work for the accused product. . . . He ...

Share via E–mail | Twitter | Facebook

Source Code for Future Products is Discoverable from docketreport.blogspot.com

Plaintiff's motion to compel the production of defendant's source code for future products was granted "because it is reasonably likely to lead to evidence relevant to [plaintiff's] infringement claims. Further, products which ...

Share via E–mail | Twitter | Facebook

The Great Firewall of China: When Does Online Censorship Violate WTO Rules? from www.ip-watch.org

China’s government says it is acting in the best interests of its citizens. It is regulating the internet in order to protect its people from pornography and other objectionable content. Critics, however, assert that ...

Share via E–mail | Twitter | Facebook

Subject Matter Eligibility | USPTO Interim Guidance | Bilski v. Kappos from iskraip.com

In view of the Supreme Court’s decision in Bilski v. Kappos, the USPTO on July 27, 2010 released Interim Bilski Guidelines to its Examining Corp. for determining subject matter eligibility ( “Interim Guidance for ...

Share via E–mail | Twitter | Facebook

US Jobs Bill Would Restrict Foreign Access To Patent Applications from www.ip-watch.org

As the jobless rate remain high and budgets tight, United States policymakers increasingly are looking for ways to boost domestic innovation in order to create new jobs and boost the economy. One such bill to ...

Share via E–mail | Twitter | Facebook

IP Wire from www.infringementupdates.com

Yesterday I heard from Tom Hochstatter, IP Wire's Managing Editor, that their site (launched in March 2010) is "intend[ed] to be the 'VentureWire' and/or 'TechCrunch' for IP deals and transactions.  The following ...

Share via E–mail | Twitter | Facebook

Judge Michel II: Public Nuisance #1 Proselytizing for Patents from www.ipwatchdog.com

In this installment we start out talking about Judge Michel's work for Senator Arlen Specter and how today there seems to be a slow and steady decline in the checks and balances intended to ...

Share via E–mail | Twitter | Facebook

"Prioritising" Pharmaceutical Patents in India? from spicyipindia.blogspot.com

Many pharma patent cases (including the Novartis Gleevec case and the Roche Valcyte case) raise the issue of "relevant" priority dates.

Tahir Amin dealt with this issue at length in this wonderful post here. I ...

Share via E–mail | Twitter | Facebook

Senate Judiciary Committee Hearing for Judge Kathleen O’Malley from www.717madisonplace.com

The Senate Judiciary Committee Hearing for Federal Circuit nominee Kathleen O’Malley took place this afternoon. The link to the recording of the proceeding is available here: [Link to Webcast]. Judge O’Malley is introduced ...

Share via E–mail | Twitter | Facebook

Happy Birthday, Etch A Sketch! from patentlibrarian.blogspot.com

Etch A Sketch, the iconic drawing toy of the 1960s and 1970s, is celebrating its 60th birthday this year. It was invented in the mid 1950s by Andre Cassagnes, an electrician in France. Lacking funds ...

Share via E–mail | Twitter | Facebook

Wednesday whimsies from ipkitten.blogspot.com

The bright, shiny new European Commission e-justice site, launched earlier this month, features a directory of legal professionals which includes lawyers, notaries and bailiffs, the IPKat learns from Kilburn & Strode's observant Nick Bassil -- but ...

Share via E–mail | Twitter | Facebook

Claim normal require another configuration from allthingspros.blogspot.com

Takeaway: A district court construed "an anchor member ... shaped to normally assume a substantially straight configuration" as "sufficiently straight to be inserted into a needle". Smith & Nephew, Inc. v. Biomet, Inc., No. 05-611-KI (D. Ore ...

Share via E–mail | Twitter | Facebook

An MPEP for the 21st Century from allthingspros.blogspot.com

Director Kappos has a new vision for the MPEP, one that "uses 21st century authoring and contributing techniques". Kappos has blogged about "Reengineering the MPEP" here and here. His second post notes that after soliciting ...

Share via E–mail | Twitter | Facebook

Federal Circuit Affirms Invalidity of Lilly's Gemzar Patent for Obviousness-Type Double Patenting from www.orangebookblog.com

Sun Pharm. Indus. v. Eli Lilly & Co., No. 2010-1105 (Fed. Cir. 2010)

The principle behind the doctrine of double patenting is simple:  a person may not obtain two patents on the same invention.  The doctrine ...

Share via E–mail | Twitter | Facebook

Some content © 2007–2014 RPX Corporation.
Terms of Service & Privacy Policy
For DMCA requests contact help@priorsmart.com.