Patent & IP news for September 9, 2010
Patent Litigations
- Cirrex Systems LLC v. Infraredx, Inc. filed 2010-09-08 in Massachusetts
- Grandway Honduras, LLC et. al. v. The Feldman Company, Inc. et. al. filed 2010-09-08 in California Central
- Yeda Research And Development Co., Ltd. v. Abbott GmbH & Co. KG filed 2010-09-08 in Illinois Northern
- Stude v. EcoEnvelopes, LLC filed 2010-09-08 in Illinois Northern
- Performance Proxy Research LLC v. Cisco Systems, Inc. et. al. filed 2010-09-08 in Illinois Northern
- Patcap, LLC v. Thermocraft Industries, Inc. filed 2010-09-08 in Ohio Northern
- Allergan, Inc. et. al. v. Apotex Inc., et. al. filed 2010-09-08 in North Carolina Middle
- LendingTree, LLC v. Zillow, Inc. et. al. filed 2010-09-08 in North Carolina Western
- Unique Product Solutions, Limited v. Broyhill, Inc. filed 2010-09-07 in Ohio Northern
- Leviton Manufacturing Co., Inc. v. Fujian Hongan Electric Co., Ltd et. al. filed 2010-09-03 in California Northern
- Bradley et. al. v. Inner-Tite Corp. filed 2010-09-08 in Illinois Southern
- Patcap, LLC v. Plaid Enterprises, Inc. filed 2010-09-08 in Ohio Northern
- Unique Product Solutions, Limited v. Merrill Manufacturing Company filed 2010-09-07 in Ohio Northern
USPTO Stats
appl'ns
patents
decisions
Patent & IP Blogs
Kappos Says PTO Making Progress on Backlog from inventivestep.net Although the Data Visualization numbers posted yesterday show that the backlog and that time to first Office Action have been stagnant during the current fiscal year, PTO Director David Kappos says the agency is on ...
Federal Circuit Affirms Claim Construction Using Comparative Language from www.grayonclaims.com Funai Electric Company v. Daewoo Electronics Corporation (Fed. Cir. Sept. 1, 2010)
In this case, the Federal Circuit affirmed the district court's claim construction where the claim construction used comparative and functional language. The ...
Trademarks are extra important for social media – IP Society interview from ipelton.wordpress.com In this video interview with Patrick Reilly of Intellectual Property Society, I discuss why proper usage and trademarks and intellectual property are extra important when companies use social media.
Receptor Blocker from www.patenthawk.com Daiichi Sankyo owns 5,616,599, which claims a compound formula (angiotensin receptor blockers "ARBs") used to treat high blood pressure. Research on this line of drugs began in the 1970s. '599 represents an advancement ...
Tidal Energy’s DeltaStream Device: Three Turbines Are Better Than One from greenpatentblog.com 
Tidal Energy Limited (TEL) is a UK company that makes tidal power devices. TEL recently received funding that it will use for a feasibility study of its “DeltaStream” technology and assess a potential deployment site ...
BPAI Clarifies Patent Reissue Recapture Doctrine from www.patentspostgrant.com Does Recapture Include an Intermediate Claim Scope?
In a nutshell, the recapture doctrine prevents Patentees from broadening claims via patent reissue to “re-capture” subject matter intentionally surrendered during original prosecution. The recapture doctrine exists because ...
SpicyIP Tidbit: Hyderabadi Haleem gets dubious GI tag from spicyipindia.blogspot.com 
From my own hometown [:-)], the famous- and extremely yummy- Hyderabadi Haleem has now been recognised as a Geographical Indication.
Now, while noone who has eaten Haleem will deny its unfailing quality to make the mouth ...
Bpai unreasonable claim construction end midpoint from allthingspros.blogspot.com BPAI finds that reading "end" on "midpoint" is unreasonable
Takeaway: The Applicant claimed two opposed ends of a bristle. The Examiner used a reference with a U-shaped bristle, and read one of the ends on ...
Swiss Supreme Court: data protection prevails over enforcement of IP rights from ipkitten.blogspot.com In a decision of 8 September 2010 (full grounds not yet published, press release here), the Swiss Supreme Court ruled that Logistep AG may not search peer-to-peer networks for copyright infringing files, register the IP ...
In re Ciprofloxacin Antitrust Litigation By Kevin E. Noonan -- The Second Circuit today denied plaintiffs' petition for rehearing en banc of its decision that the "reverse payment" agreement between Bayer and Barr over ciprofloxacin hydrochloride ...
The following is excerpted from a September 8, 2010articleby Randall Chase of the Associated Press published by the Washington Examiner:
Sports equipment manufacturer Schutt Sports Inc. has filed for bankruptcy protection,one month ...
By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office issued an update to its obviousness guidelines, publishing a notice in the Federal Register (75 Fed. Reg. 53644) that highlights case law developments ...
The European Commission has launched its survey on intellectual property protection and enforcement in third countries. The survey is open until 31 October. Every two years the Commission conducts “a broad IPR enforcement survey,” that ...
In a move to create further transparency, the USPTO lately launched the beta version of a USPTO Data Visualization Center that introduces the patents dashboard as reported by the Director’s Forum: David Kappos’ Public ...
This morning's July trade data from BEA contain some welcome good news. The trade deficit shrank somewhat -- down to $42.8 billion from $49.8 billion in June, revised. Exports were up by $2 ...
Besides the trade data (see previous posting), there was other economic news coming out today.
This morning, the OECD released its latest economic assessment. They project 2.0% GDP growth in 3Q 2010 and then ...
Peter Zura overviews the essay by Mark Lemley titled Can the Patent Office Be Fixed?
Yes, the topic of "bad patents" materializes in paragraph 1:
On the one hand, the PTO has been issuing a ...
The Examiner writes: Hewitt Packard has filed a lawsuit against former CEO of HP Mark Hurd for breach of trade secrets by accepting a job at Oracle. According to court documents HP does not believe ...
An article by Susan Decker titled Patent Chief Kappos `On the Hunt' to Reduce U.S. Backlog, Spur Innovation begins with the text:
David Kappos, the head of the U.S. patent office, said his ...
The Visualization Center shows graphics that look much like a speedometer, which is where the Patents Dashboard moniker comes from, but the data is also available for those who want to see the numbers and ...
Yesterday the Biotechnology Industry Organization filed an amicus brief supporting Eli Lilly in its petition for en banc rehearing of Sun v. Lilly, a recent Federal Circuit decision pertaining to the doctrine of obviousness-type double ...
Software is now and will remain patentable in the United States. Software patents have been vilified by many, but they have been granted by the United States Patent and Trademark Office and upheld in federal ...
By Jason Rantanen
General Protecht Group v. International Trade Commission (Fed. Cir. 2010)
Majority opinion authored by Judge Dyk, joined by Judge Prost. Dissenting opinion by Judge Newman.
ITC determinations are subject to review by ...
I've just come back from our exhibition of recent British inventions, Inventing the 21st Century, where I and three of the featured inventors have been doing a "pre-record" (non-live) for Radio 4. It...
(From ...
The Hill noted on 9 Sept 2010:
The U.S. Court of Appeals for the Second Circuit denied a full hearing in the case of a patent settlement concerning the antibiotic drug Cipro.
The Generic ...
Recently I’ve begun to look at prior art searching as the intersection between three disciplines: patent law, information science, and at least one scientific or technical area (e.g. electrical engineering, chemistry, biotechnology, and ...
American Conference Institute will be holding its 11th annual "Maximizing Pharmaceutical Patent Life Cycles" conference on October 6th and 7th in New York City. This conference is extremely popular with in-house and outside counsel for ...
Readers may recollect an old and favourite theme of mine, "Romanticising Innovation". The basic idea being that notwithstanding our highly politicised debates around patents, we ought not to lose our focus on innovation. In fact ...
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