Patent & IP news for September 14, 2010

Patent Litigations

USPTO Stats

5,565
published
appl'ns
4,898
granted
patents
97
ptab
decisions

Patent & IP Blogs

post image Lego brick hits a wall from ipkitten.blogspot.com

The ECJ has today, in Case C‑48/09 P, ruled that the iconic Lego brick (depicted right is the image that was subject of the trade mark registration) cannot be registered as a trade ...

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post image Yesterday's answers today: Court of Justice nails Akzo privilege claim from patlit.blogspot.com

Akzo Nobel NV, the world’s largest manufacturer of paints, lost an appeal today over its assertion that it was entitled to attorney-client privilege in a case that could have curtailed the investigative powers of ...

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post image Delaware District Court Continues Oddball Protective Order Practice from www.patentspostgrant.com

Confidential Information & Claim Drafting

As we discussed last March, the Federal District Court of Delaware seems to have some oddball ideas when it comes to the realities of patent reexamination concurrent with litigation. In our ...

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post image How nuts! from ipfinance.blogspot.com

Many of you have written to blogger Jeremy about the recent article in the New York Times, "The Peanut Solution". The article describes an item that, by all accounts, is an easy-to-manufacture and easy-to-administer wonder ...

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post image Split Federal Circuit Panel Finds Claim Preamble Language Not Limiting from www.grayonclaims.com

American Medical Systems, Inc. v. Biolitec, Inc. (Fed. Cir. Sept. 13, 2010)

In this case, a split Federal Circuit panel found claim preamble language not limiting.  The patent at issue related to various methods and ...

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Federal Appeals Court Hands Medtronic a Win in Spine Solutions Infringement Lawsuit from www.infringementupdates.com

The following is excerpted from a September 13, 2010 article atMassDevice:

A federal appeals court handed Medtronic Inc. (NYSE:MDT) a win in a patent infringement lawsuit filed by Synthes Inc. subsidiary Spine Solutions ...

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Daiichi Sankyo Co. v. Matrix Laboratories, Ltd. (Fed. Cir. 2010) from www.patentdocs.org

By Donald Zuhn -- In Daiichi Sankyo Co. v. Matrix Laboratories, Ltd., decided last Thursday, the Federal Circuit affirmed a determination by the District Court for the District of New Jersey that Matrix Laboratories, Ltd., Mylan ...

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Campaign Aims To Take Back Consumer Rights Over IP-Protected Products from www.ip-watch.org

Copyright and patent laws “are often misused” for reasons that have “more to do with limiting competition and preventing consumers from making innovative uses of their products” than they do with stopping piracy, global consumer ...

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WIPO and Patent Exclusions: Public Health and Medical Methods from spicyipindia.blogspot.com

At the start of this year, WIPO commissioned a group of us (under the stewardship of Professor Lionel Bently, the famed Cambridge IP don and co-author of the leading treatise: Bently and Sherman on IP ...

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Stop Infringing Products at the U.S. Border from ocpatentlawyer.com

A patent provides the patentee the right to exclude others from making, using, selling, offering for sale and importing the patented invention into the United States.  The right to exclude others from importing the patented ...

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Human Rights Council Opens With New Work On IP from www.ip-watch.org

The UN Human Rights Council opened yesterday morning, with its session planned to run until 1 October. Several new reports that touch on issues of innovation and indigenous protection are expected to be presented. The ...

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Supply Chain Management Seminar from ipspotlight.com

Distribution networks and supply chains are critically important and complex functions for most businesses.  They are also a leading threat to enterprise value.  Misstatements, unfulfilled promises, and failures of performance anywhere along the supply chain ...

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Further update on 3PAR bidding war from www.athenaalliance.org

Over at M•CAM's blog Patently Obvious, they have done an analysis of the 3PAR deal from the point of view of the patents - and the finding is enlightening:

In the frenzy of attempting ...

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Campaign Aims To Take Back Consumer Rights Over IP-Protected Products from www.ip-watch.org

Copyright and patent laws "are often misused" for reasons that have "more to do with limiting competition and preventing consumers from making innovative uses of their products" than they do with stopping piracy, global consumer ...

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Swiss Supreme Court Forbids Rights Holder Access To IP Addresses from www.ip-watch.org

Swiss Supreme Court Forbids Rights Holders’ Access to Personal IP Addresses The Swiss Federal Supreme Court took a decision on 8 September preventing the collection of Internet Protocol (IP) addresses by private companies. Related Articles ...

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BPAI reverse indefinite no contradiction from allthingspros.blogspot.com

BPAI finds "occasionally greater than one" is not indefinite

Takeaway: The BPAI reversed an indefiniteness rejection for a dependent claim that appeared on its face to contradict its parent claim. The independent claim recited that ...

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New to patent searching? Here’s what you need to know. from intellogist.wordpress.com

It’s true – I was once new to patent searching, blithely dumping keywords into Google and saying things like  “IPC code? What’s that?”  Ah, youth.   Fortunately, before turning me loose on the unsuspecting public ...

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SpicyIP Trivia: The 'Mal'-factor on the Indian IP Scene from spicyipindia.blogspot.com

During the course of a random discussion, with a friend, on prominent voices and faces on the Indian IP scene I discovered that a disproportionately large number of these prominent voices and faces were from ...

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Update on Bayer-Cipla patent infringement suit: Nexavar patent infringement suit before the Delhi High Court goes directly to trial from spicyipindia.blogspot.com

In a significant departure from the standard practice in Indian patent trials, Justice Ravinder Bhat, who is presiding over the Nexavar patent infringement suit filed by Bayer against Cipla, has ordered, on the 23rd of ...

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Statements Made in Prior Litigation do not Trigger Recapture Rule from docketreport.blogspot.com

In denying defendant's motion for summary judgment of invalidity of plaintiff's reissue patent based on the recapture rule, the court rejected defendant's argument that statements made during prior litigation concerning the original ...

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PHOSITA: Flogging a Dead Horse from www.patentbaristas.com

The still fresh ruling by CAFC on Goeddel v. Sugano reversed the decision by BPAI which held that Sugano is entitled to its filing date of its initial Japanese application and BPAI consequently awarded Sugano ...

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Alpha? Bet it's registrable ... from ipkitten.blogspot.com

What with all this fuss over Lego bricks [see Class 99 post here -- with a Kat-post to follow], many normally attentive folk have forgotten to complain that the IPKat has said not a word over ...

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Surviving the Bilski Decision: Key Impact on IP and Your Clients from www.infringementupdates.com

My Legal Conferences is hosting the above-titledwebinaron October 21, 2010:

The decision of Bilski v. Kappos significantly impacts the scope of patentable subject matter, especiallybusiness method patents. The decision has far-reaching implications ...

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Senatorial Pursuit – Copyright Infringement Edition from www.iposgoode.ca

Tiffany Wong is a JD Candidate at Osgoode Hall Law School Harry Reid, the Senate Majority Leader from Nevada, is struggling in his bid for re-election against Sharron Angle, a Republican endorsed by the Tea ...

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Judge Dyk Suggests En Banc Review of CAFC Preamble Law from ipwatchdog.com

I would also like to take issue with Judge Dyk's statement that it would simply be easier, and better, to say that anything in the preamble is limiting. Yes, that would certainly be easier ...

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Appeal sinks luscious LIPS from ipwars.com

One month after the appeal was heard, the Full Court has rejected Nature’s Blend’s appeal that Nestlé used Luscious Lips as a trade mark.

Nature’s Blend argued first that the trial judge ...

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Successor Company Holds Patents Assigned to Predecessor Company (Even When Assigned after Predecessor Dissolves) from www.patentlyo.com

Tri-Star Electronics Int'l. v. Preci-Dip Durtal SA (Fed. Cir. 2010)

Mr. Kerek (from Ohio) invented the claimed “socket contact” while an employee of Tri-Star and he duly executed an assignment of his rights to ...

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Joule's US Patent 7,794,969 from ipbiz.blogspot.com

Claim 1 of Joule Patent 7,794,969:

A method for producing hydrocarbons, comprising:
(i) culturing an engineered cyanobacterium in a culture medium, wherein said engineered cyanobacterium comprises a recombinant acyl ACP reductase (AAR) enzyme ...

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Prometheus Labs. v. Mayo Collaborative Services -- Briefing Schedule from www.patentdocs.org

By Donald Zuhn -- On June 29, one day after issuing its decision in Bilski v. Kappos, the Supreme Court granted certiorari, vacated the Federal Circuit's decision below, and remanded to the appellate court two ...

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