Patent & IP news for December 17, 2010

Patent Litigations

USPTO Stats

5,773
published
appl'ns
4,912
granted
patents
104
ptab
decisions

Patent & IP Blogs

post image Strengthening the Indian Bayh Dole bill: A provision for recovery in case of fraud? from spicyipindia.blogspot.com

Shamnad had recently discussed the presentation of the report of the standing committee to both houses of the Parliament on the Indian version of the Bayh Dole Act.  Recent case law in the U.S ...

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post image Lindt bunnie shapes "not distinctive" from ipkitten.blogspot.com

The spokesman for Lindt was
not available for comment
Friday is said by some to be a good day for leaving Luxembourg, in any direction, in search of fun. But today is different: the tiny ...

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post image Judge applies One in a Million principle against CyberScot from ipkitten.blogspot.com

If you've seen this movie, you
probably ARE one in a million
It's not often that the IPKat ventures into the remote and exotic surroundings of the Queens Bench Technology and Construction Court ...

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post image Friday fantasies from ipkitten.blogspot.com

Fed up with webinars? Happy to meet other IP-ers face to face? If so, why not check out the IPKat's Forthcoming Events list.  2011 is just around the corner, so why not book for ...

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post image 297! Who owns the right to profit from Brett Favre’s streak? from ipelton.wordpress.com

Apparently the Minnesota Vikings believe that they own the rights to profit from the streak – or at least from the marketable number it created – 297. On Monday evening earlier this week, while Brett Favre watched ...

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post image Is Jack the new Paul? from ipkitten.blogspot.com

Jack Readers may recall the meteoric rise to fame and subsequent tragic death of Paul the octopus, the much-vaunted predictor of the outcome World Cup football matches (you can read his obituary here).  A natural ...

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post image Resurrection from www.patenthawk.com

Medical treatment patents 6,355,623 and 6,680,302 were flogged to death by the district court using §101. Resurrection came at the CAFC under Bilski, applying the solitary machine-or-transformation (m-o-t) test of the ...

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post image Patent “Expert” Opinion on Reasons for Google Tender Offer for Groupon Reveals Fundamental Problems with IP Professionals from ipassetmaximizerblog.com

IP Experts think it's all about them which allows business to marginalize IP issues

After several years of writing about how business leaders need to wrest control of their IP matters from lawyers, today ...

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post image Federal Budget Deficit: Omnibus Spending Bill Killed from hallingblog.com

The federal budget deficit is $14 trillion not including unfunded liabilities.  Presently, the US is planning on having budget deficits of around $1 trillion for at least the next ten years.  This means that by ...

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post image USPTO Officially Announces Detroit Regional Office from inventivestep.net

As reported by IP Watchdog, Secretary of Commerce Gary Locke announced yesterday that the first PTO satellite office will be opening in Detroit, Michigan during 2011.  The plan is to intially hire about 100 patent ...

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post image Post Grant Expectations For 2011 from www.patentspostgrant.com

Change on the Horizon for 2011

With 2010 coming to a close, we can look back and see many positive changes at the USPTO. Ex parte and inter partes appeal brief processing has been streamlined ...

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post image USPTO to Open Satellite Office in Detroit from www.patentspostgrant.com

In a teleconference with reporters on Thursday, December 16, 2010, Commerce Secretary Gary Locke – whose department includes the Patent Office – announced that the U.S. Patent and Trademark Office will open its first-ever satellite office ...

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post image Best Gifts for Patent Attorneys 2010 from www.patentbaristas.com

I know I preach that over-consumerism is a bad thing (see: simplify | the benefits of minimalism) but we’re back again this year with a list of the best gifts for patent geeks and entrepreneurs ...

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post image Costco shoot-out ends in 4-4 draw from ipkitten.blogspot.com

Here's just a quick note on Monday's US Supreme Court ruling in Costco Wholesale Corp v Omega SA, which ended in a 4-4 draw (Justice Kagan sat this one out).  The IPKat is ...

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Biotech/Pharma Docket from www.patentdocs.org

By James DeGiulio -- Former Professor Fails to Dismiss St. John's Patent Research Suit Sanford Bolton, a former professor at St. John's University, and graduate student Spiridon Spireas have failed to dismiss a fraud ...

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AMP v. USPTO -- Briefing Update II from www.patentdocs.org

By Donald Zuhn -- Last week marked the deadline for the submission of amicus curiae briefs in support of Plaintiffs-Appellees or in support of neither party in the Association of Molecular Pathology v. U.S. Patent ...

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Patent Risk Management from www.infringementupdates.com

I have addedSiNApSE, a popular and very active intellectual property blog in India, to my Blogroll. This blog is the "brainchild" of Brain League, an Intellectual Property services company providing end to end services ...

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Patent Connections – Lawsuits For The Greater Good: University Research Monetizing Patents Through Litigation from gametimeip.com

My latest edition of Patent Connections published this week, after a much-needed week off with the family.  This week’s column deals with university research and patent litigation.  The timing is appropriate, given the upcoming ...

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IPhone apps for lawyers – podcast from ipelton.wordpress.com

I was interviewed by Ed Poll of LawBiz® about iPhone apps for lawyers and law firms. I discussed the circumstances when a firm could benefit from launching an app, some of the mechanics for planning ...

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Call for evidence in IP review from britishlibrary.typepad.co.uk

I recently posted on the UK's new Independent Review of IP and Growth. A "Call for evidence" has now been made. Ian Hargreaves, who is leading the review, explains in it that there are ...

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Previewing Likely Arguments In Microsoft Corp. v. i4i Ltd. from www.ipeg.eu

The United States Supreme Court’s recent grant of certiorari in Microsoft Corp. v. i4i Ltd. raises the issue of whether patent law requires clear and convincing evidence of invalidity to invalidate a patent.  The ...

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For Divided Infringement, Proof of Agency Not Required to Establish "Direction and Control" from docketreport.blogspot.com

The court denied in part defendant's motion for summary judgment of noninfringement based on a divided infringement theory even though the third party performing a step of the claimed method was not defendant's ...

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Reasonable Royalty Damages not Limited by Defendant's Profits or Selling Price Where Plaintiff Lays Factual Predicate for Price Erosion from docketreport.blogspot.com

The court denied defendants' motion to preclude the testimony of plaintiff's damages expert on the issue of a reasonable royalty even though the expert's royalty exceeded defendant's profits and, in some cases ...

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Efforts To Limit Effects Of TRIPS In India Might Not Be Working, Study Says from www.ip-watch.org

Strategies may be failing to ensure developing countries’ implementation of global trade rules for intellectual property protection does not squelch access to affordable medicines worldwide, according to a study presented this week. Related Articles:

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Black Eyed Peas Get Funked for Another Copyright Infringement from tacticalip.com

By Daniel Davidson It’s the Saturday after a great party at the The Pit and there isn’t much you can remember except for a funky beat that keeps playing in your head, or ...

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Federal Circuit Reconfirms Patentability of Method of Calibrating Drug Dosages from inventivestep.net

Last year, prior to the Supreme Court’s decision in Bilski v. Kappos, the Federal Circuit reversed a district court holding that Prometheus’s claims to methods of calibrating drug dosages were invalid as not ...

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US Ambassador In Geneva Defends Privacy In UN Pandemics Negotiations from www.ip-watch.org

The United States Ambassador to the United Nations in Geneva this week offered a frank assessment of the UN system of dealing with pandemic diseases, and defended the need for governments to negotiation in secret ...

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Deputy USPTO Director To Leave Next Month from www.ip-watch.org

The United States Patent and Trademark Office today announced that USPTO Deputy Director Sharon Barner will leave office on 14 January. Related Articles:

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On Remand, Federal Circuit (Once Again) Decides Prometheus v. Mayo in Favor of Patent Eligibility for Methods of Treatment and Diagnostic Tests from holmansbiotechipblog.blogspot.com

Today a panel of the Federal Circuit issued a decision in Prometheus v. Mayo, an important case involving the application of the patent eligibility doctrine to biotechnology, and more particularly molecular diagnostic testing and personalized ...

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US Ambassador: Over-Focus On Development “Will Kill” WIPO from www.ip-watch.org

The World Intellectual Property Organization is headed in a controversial direction, and a focus on development at the expense of protection of intellectual property rights will mean the end of the agency, the United States ...

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US State Dept. Details Next Year’s Anti-Piracy Efforts from www.ip-watch.org

The United States State Department today released information about 15 projects worldwide this year aimed at training officials and prosecutors in intellectual property rights protection. The full press release follows. Related Articles:

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Punishment For Frivolous Patent Lawsuits from gametimeip.com

As the typically reluctant “participants” in NPE* patent litigation rejoice, Law.com proclaims “Federal Circuit Upholds $631,000 in Fees, Sanctions Against Patent Lawyer, Company.”  According to Sheri Qualters,

The U.S. Court of Appeals ...

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USPTO To Open Satellite Office In Detroit from www.pharmapatentsblog.com

The USPTO has finally made an official announcement of its plans to open a satellite office in Detroit, Michigan. The USPTO hopes to open its "first ever" satellite office in early 2011. As set forth ...

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More on intangibles and the recession from www.athenaalliance.org

Earlier this week, I posted an item on how knowledge intensive sectors -- professional, scientific & technical services, information industries and the educational services -- grew during the recession but have declined in the "recovery."

A couple of ...

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The intellectual history of intellectual capital and intangible assets from www.athenaalliance.org

OK - no, this really isn't an intellectual history of intellectual capital and intangible assets. But it is a fun look at how those terms (and the term "intellectual property") has appeared in the past ...

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Recording a Trademark Assignment or License in the United States from patents101.com

Any change in the ownership of a registered trademark should be recorded with the United States Patent and Trademark Office (USPTO). Ownership frequently changes due to corporate restructuring (e.g., merger into a new entity ...

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US District Court Patent Pilot Program from www.717madisonplace.com

The House of Representatives passed the bill for the US District Court Patent Pilot program today by a vote of 371-1. The bill was previously passed by the Senate. Here are some of the comments ...

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