Patent System Proposals Show Promise But from ipinsider1.wordpress.com The Devil is in the Details A plan to resolve significant numbers of patent disputes quickly and cheaply, and another to use patents to create more U.S. jobs are the subject of the October-November ...
Share via E–mail | Twitter | Facebook
Broadening Patent Reissue Requires Unequivocal Declaration Statement from www.patentspostgrant.com BPAI Once Again Shoots Down Broadening Reissue Patent reissue has been a recurring topic here as of late. More recently, the breadth of the recapture doctrine has been discussed. Earlier this year, I discussed ex ...
Share via E–mail | Twitter | Facebook
Indefiniteness claims inconsistent spec from allthingspros.blogspot.com Takeaway: The BPAI has affirmed indefiniteness rejections under § 112, 2nd paragraph when a claims is inconsistent with the specification, citing
In re Cohn, 438, F.2d 939, 993 (CCPA 1971)(sustaining rejection of claims under ...
Share via E–mail | Twitter | Facebook
Monday miscellany from ipkitten.blogspot.com Maybe what the IP community
needs is an all-action team ... The October issue of Oxford University Press's monthly Journal of Intellectual Property Law & Practice (JIPLP) has just come out (table of contents
here). The ...
Share via E–mail | Twitter | Facebook
Is it lawful for Examiners to grant Patents under the Patents Act, 1970? from spicyipindia.blogspot.com Earlier this year on the 3rd of August the Bombay High Court disposed a writ petition filed by one Bharat Bhogilal Patel, inventor who had been granted two patents by the Patent Office, Mumbai for ...
Share via E–mail | Twitter | Facebook
British inventiveness: fact or myth? from ipkitten.blogspot.com Remember the good old days when British inventiveness loomed large ... The IPKat's friends at the Chartered Institute of Patent Attorneys (
CIPA) have spurred him into action, even though this member of the blogging team ...
Share via E–mail | Twitter | Facebook
The Royal College of Art at the London Design Festival from britishlibrary.typepad.co.uk On a wet Friday I visited the exhibitions put on by the Royal College of Art (RCA) as part of the London Design Festival. The Festival is a time when as many events as possible ...
Share via E–mail | Twitter | Facebook
An Appealing Patent Term Adjustment Issue from www.pharmapatentsblog.com Since the Federal Circuit decision in Wyeth v. Kappos, we have been applying greater scrutiny to the USPTO's interpretations of the Patent Term Adjustment (PTA) statute. While we previously reviewed the USPTO's calculations ...
Share via E–mail | Twitter | Facebook
Chronic Tacos Gets Trademark Infringement Munchies from www.iptrademarkattorney.com Santa Ana, CA – Chronic Tacos Enterprises (“CTE”) is a franchisor of Mexican food restaurants under its Chronic® and Chronic Tacos® trademarks. Defendants are alleged to be former temporary licensees at the Huntington Beach location, which ...
Share via E–mail | Twitter | Facebook
Telecinco v YouTube: a Spanish landmark? from ipkitten.blogspot.com Readers may by now be well aware of the decision of a Madrid court to dismiss copyright infringement claims brought against YouTube by Spanish television broadcaster Gestevision Telecinco SA. This decision is welcomed by YouTube ...
Share via E–mail | Twitter | Facebook
Marching ducks, goats on a roof, sound of a Lightsaber, and other unusual trademarks from ipelton.wordpress.com A trademark can be anything that identifies one brand from its competition. Of course, words and images are the most common types of trademarks, but sounds, smells, textures and other unique marketing tools can be ...
Share via E–mail | Twitter | Facebook
Technology innovation awards -- and beyond from www.athenaalliance.org Today, the Wall Street Journal published the winners of its Technology Innovation Awards.
[One pet peeve: unfortunately, the shorthand version they use for these awards is just "innovation" -- which continues the misplaced notion the innovation ...
Share via E–mail | Twitter | Facebook
The Realities Of Traditional Knowledge And Patents from www.ip-watch.org In India, laws acknowledge the fact that traditional knowledge cannot be protected by intellectual property rights and that if documented the knowledge would be lost by the communities to which it belongs through expropriation. Putting ...
Share via E–mail | Twitter | Facebook
Federal Circuit decisions address false marking statute in Solo Cup and Brooks Brothers cases from www.filewrapper.com The Federal Circuit continues to address false marking cases. The court's recent decisions stress how important it is for patentees to monitor and update their labeling and other marking activities, particularly as patents expire ...
Share via E–mail | Twitter | Facebook
General Allegations of Deceptive Intent Fail to State a Claim for False Marking from docketreport.blogspot.com The court granted defendant's motion to dismiss plaintiff's qui tam false marking action for failing to meet the heightened pleading standard of Rule 9(b) with respect to intent to deceive. Allegations that ...
Share via E–mail | Twitter | Facebook
Echoes Of Global Patents Wars At WIPO Annual General Assembly from www.ip-watch.org Echoes of the struggles and advances in patent policy around the world were heard this week in the annual meeting of the member governments of the UN World Intellectual Property Organization. At stake is no ...
Share via E–mail | Twitter | Facebook
Heavily Litigated NPE Patents Don't Hold Up When Tested from www.infringementupdates.com The following is excerpted from a September 27, 2010articleby Joe Mullin published at Courporate Counsel:
Stanford University law professor Mark Lemley's studies tend to make waves in the world of intellectual property ...
Share via E–mail | Twitter | Facebook
"intent" in plagiarism at UVa from ipbiz.blogspot.com LBE wrote the following to the Cavalier about a past discussion in which the element of "intent" is to be added to the definition of plagiarism at the University of Virginia:
For the sake of ... Share via E–mail | Twitter | Facebook
Infringement Suit a Far Cry From Having Personal Jurisdiction from tacticalip.com By: Scott Nyman There’s no secret that the motion picture industry is pursuing copyright infringers in the courts, with lawyers for the US Copyright Group filing suit against more than 14,000 people this ...
Share via E–mail | Twitter | Facebook
SpicyIP Tidbit: DIPP invites applications for 'Examiners' posts; 25-10-10 deadline for applications from spicyipindia.blogspot.com After a significant debate on this
blog on the shortage of examiners at the Patent Office, the Department of Industrial Policy and Promotion, Ministry of Industry and Commerce has
released an elegantly well drafted 46 ...
Share via E–mail | Twitter | Facebook
Gibbons Launches Apprenticeship Program - First Apprentice Assigned to Firm's Intellectual Property Department from www.iplawalert.com Gibbons P.C. has launched an apprenticeship program to help maximize the value of its legal and client services while also providing a solid training ground for new attorneys. John Cahill will serve as the ...
Share via E–mail | Twitter | Facebook
Compliance with industry standards can be used to show patent infringement from www.filewrapper.com In
Fujitsu et al v. Netgear, the Federal Circuit held compliance with an industry standard can be sufficient evidence to establish patent infringement. However, this rule only applies when the only way to adhere to ...
Share via E–mail | Twitter | Facebook
Is There a s. 73 Duty of Candour and is Deemed Abandonment a Ground for Alleging Patent Invalidity? from www.iposgoode.ca Essien Udokang is an Articling Student at Torys LLP The term “good faith” suggests a sincere belief or motive without any malice or the desire to defraud others. Section 73(1)(a) of the Patent ...
Share via E–mail | Twitter | Facebook
Judge O’Malley Nomination Moved Out of Senate Judiciary Committee to Full Senate from www.717madisonplace.com The Senate Judiciary Committee held a vote on Judge Kathleen O’Malley last Thursday during its business meeting. By voice vote of the committee members, Judge O’Malley’s nomination was approved unanimously by the ...
Share via E–mail | Twitter | Facebook
Breakthroughs & Abandonment: Patent Abandon Rate is a Reliable Measure of Speculative Portfolios from ipwatchdog.com Abandons per action can be interpreted as a level of speculation in applications. Applications that have high abandon rates are highly speculative. Most of the inventions described in these applications ultimately have little value and ...
Share via E–mail | Twitter | Facebook
Patent bloggers at AIPLA in DC from allthingspros.blogspot.com The AIPLA Annual Meeting will be held in October, in Washington DC. One of the programs is a panel discussion of patent bloggers. I'll be one of the panel speakers, joined by fellow bloggers ...
Share via E–mail | Twitter | Facebook