Patent & IP news for October 21, 2010

Patent Litigations

USPTO Stats

6,134
published
appl'ns
4,698
granted
patents
93
ptab
decisions

Patent & IP Blogs

post image Coke, Pepsi and the shape of the bottle from ipwars.com

Newspaper reports that Coca Cola has sued Pepsico and its Australian licensee, Schweppes, over the shape of the new Pepsi bottle.

The print edition had a photo, but not online. You can go down to ...

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post image Time to draw a line under trolls from www.tangible-ip.com


Back posting & time to draw a line under 3 months of troll posts

We’ve been out of blog action for two and a bit months, what with holidays and project commitments. It was busy ...

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post image New Era Cap and Hat World Sued For Copyright Infringement from www.iptrademarkattorney.com

Plaintiff Figure Eight Holdings acquired by assignment the copyright in the “treacherous” design depicted below (left). Plaintiff alleges that defendants had access to the design and that defendant New Era Cap has sold caps bearing ...

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post image Are you catching reassigned US patents in your search? from intellogist.wordpress.com

Experienced patent searchers know that searching for patent databases by company name is hard – and I mean really hard.  A company which owns a patent is called the patent “assignee” in the US.  Take a ...

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post image Padawan v SGAE: more detail from ipkitten.blogspot.com

The IPKat's previous post broke the news that the Court of Justice of the European Union's ruling Case C‑467/08, Padawan SL v Sociedad General de Autores y Editores de España (SGAE ...

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post image 2020 foresight, or time for some Union-bashing? from ipkitten.blogspot.com

The IPKat's sage old friend Richard Gallafent (Gallafents) has drawn his attention to some curious European Commission web pages relating to the Innovation Union. The first, headed "Why do we need an Innovation Union ...

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Federal Circuit Bar Association Honors Chief Judge Michel from ipwatchdog.com

On Tuesday, October 19, 2010, I attended the retirement dinner and reception of the Honorable Chief Judge Paul R. Michel of the U.S. Court of Appeals for the Federal Circuit at the Mandarin Oriental ...

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Secondary considerations long felt need failure others from allthingspros.blogspot.com

Takeaway: Ex parte Reisinger involved claims to a postage meter system which include postage codes embedded in the barcode. The Applicant attacked an obviousness rejection by making a "long felt need" / "failure of others" argument ...

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BREAKING NEWS: Padawan v SGAE ruling just out from ipkitten.blogspot.com

He hasn't time to read this decision till tonight, but the IPKat is sharing with you the news that's just out on the Curia website: the ruling of the Third Chamber of the ...

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Updates : Asked not to dial- Just Dial accuses Askme of Data Theft from spicyipindia.blogspot.com

Earlier this year, I had reported the legal tussel between Just Dial and Infomedia 18 Limited. Just Dial had accused Infomedia 18 of copyright infringement with respect to the valuable database which has been a ...

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Draft Report Of Plant Variety Protection Council Now Available from www.ip-watch.org

The International Union for the Protection of New Varieties of Plants (UPOV) held its Council meeting on 21 October, approving the participation of two public interest groups that were rejected at a previous meeting (IPW ...

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Stakeholders Restless About Biodiversity Benefit Sharing Protocol from www.ip-watch.org

NAGOYA, JAPAN - Negotiations on a legal international instrument to prevent biopiracy and ensure that resource holders are compensated on Thursday continued to demand the attention of delegates in the closed-door discussions here. Meanwhile, civil society ...

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Indigenous Groups Allege Canadian Obstructionism To Biodiversity ABS Protocol from www.ip-watch.org

NAGOYA, JAPAN - With the clock ticking and less than a day to go before a draft of a legally binding instrument to prevent biopiracy is due to be presented to the assembly of a major ...

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Follow the Bouncing Brief from www.pharmapatentsblog.com

Earlier this week I wrote about the patent-eligibility decision from the USPTO Board of Patent Appeals and Interferences in In re Kelkar. While reviewing the prosecution history of the appeal, I was struck by the ...

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Trademark Tarnishment: Trademark Law’s Dirty Little Secret from ipwatchdog.com

Dilution by blurring slowly whittles away at a trademark's distinctiveness whereas dilution by tarnishment is an attack on the reputation and positive image of a mark. Here’s the thing: dilution by tarnishment is ...

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Southern District of New York Denies Request for Advance Notice of an at Risk Launch from www.iplawalert.com

Recently, the U.S. District Court for the Southern District of New York ruled that a generic drug manufacturer may not be required to provide advance notice to the innovator of their intent to launch ...

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Reconciling Copyright and Cultural Preservation from www.iposgoode.ca

Matt Lonsdale is a JD Candidate at Dalhousie University Our view of the world is both reflected in and informed by the creative works we produce and consume. Whether dealing with news reports or Top ...

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USPTO Announces Launch of Second Peer to Patent Pilot Program from info.inoviaip.com

On October 19, 2010, the USPTO, in collaboration with the New York Law School’s Center for Patent Innovations, announced the upcoming launch of a second Peer to Patent pilot program.  Scheduled to commence next ...

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Be Careful with Your “Confidential” Markings in Federal Circuit Briefs from www.717madisonplace.com

This is an interesting sound bite from the oral argument of ESN, LLC v. Cisco Systems, Inc. et al., 2010-1185 (Fed. Cir. Oct. 8, 2010).  Judges Prost,  Rader, and Dyk commented on the trend by ...

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AIPLA Meeting: David Kappos Q & A with Q. Todd Dickinson from ipwatchdog.com

One question in particular that stood out to me was the question about hiring at the USPTO. Director Kappos was asked to give us an idea on what the plans are for hiring examiners to ...

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Emerging Economies’ New Initiative On Falsified And Substandard Medicines from www.ip-watch.org

Several major generic-medicine producing nations last week held a discussion on the dangers of compromised medical products and joined together to urge new steps such as defining terms, focussing on public health and strengthening national ...

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Princo Corp. v. ITC: Patent Misuse and Limits to Agreements Between Patent Owners from www.infringementupdates.com

The ABA Section of Intellectual Property Law will host the above-titledteleconference and live audio webcaston Tuesday, November 16, 2010:

The en banc decision in the Princo Corporation case has providedguidelines for joint ...

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