Patent & IP news for March 7, 2011

Patent Litigations

USPTO Stats

8,324
published
appl'ns
5,043
granted
patents
132
ptab
decisions

Patent & IP Blogs

post image Monday miscellany from ipkitten.blogspot.com

Around the blogs. Masterminded by Christoph Roman Endell and his friends, IP Notiz looks like a promising weblog for German readers, and the Kats all wish it luck.  Meanwhile you can almost hear the corks ...

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post image Novozymes Ethanol Enzyme Patent (Barely) Survives Summary Judgment from www.greenpatentblog.com

In a previous post, I wrote about a patent infringement suit between Danish biopharm rivals Novozymes and Danisco, which are both active in developing enzymes used in production of biofuels. In the suit, Novozymes has ...

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post image Wild flowers give Chicago city bosses a run for their money from ipkitten.blogspot.com

From lawyer, journalist and occasional pen-friend of the IPKat Jeff John Roberts comes the exciting news of something almost as unusual as an admission from the US Patent and Trademark Office that its patent system ...

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post image Article One Partners has Rewarded $1 Million to Our Community from info.articleonepartners.com

Article One Partners has Rewarded $1,000,000 and is Now Giving Away an iPad 2!

 

We are proud to announce that Article One has now paid over $1,000,000 to our research community ...

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post image Domestic pharma firms say 'yes' to data exclusivity? from spicyipindia.blogspot.com

In an interesting development, the Financial Express has reported that several Indian pharmaceutical companies have demanded a data exclusivity law in order to protect their invesments in global clinical trials. The report identifies the pharmaceutical ...

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post image Creative Barcode and Creative Commons: complementary bedfellows from ipkitten.blogspot.com

Just six months after its launch, and five months after the IPKat posted this little piece, Creative Barcode has attracted a good deal of attention, not least on account of a question which many folk ...

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post image False Marking Lawsuits are Real Problem for Business and Make Little Sense When Applied to Expired Patents from ipassetmaximizerblog.com

The threat of false marking lawsuits has garnered much attention in the IP business press in the last couple of years.  Companies of all sizes have been hit with qui tam actions (that is, suits ...

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post image Copyright: Supreme Court to Hear Constitutional Challenge to Copyright Restoration from www.patentlyo.com

Golan v. Holder (Supreme Court 2011) (materials from SCOTUS blog) Symphony Conductor Lawrence Golan along with a group of supporters have successfully petitioned the Supreme Court for a writ of certiorari in their public domain ...

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post image Drugged from www.patenthawk.com

The drug industry has long counted on American public trends to the tune of hundreds of billions of dollars each year. High blood pressure, high cholesterol, and diabetes are the diseases of junk food and ...

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post image Chinese Mobile-chargers struck by Trademark Infringment Suit: L&T Ltd. vs Leuci Communications from spicyipindia.blogspot.com



(Image taken from here)
Facts of the case:
The plaintiff, Larsen & Toubro Ltd. (L&T;), a company owning the trademark/logo L&T; (in a circle), is a renowned and established multi-national business organization that ...

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post image Patent Woes Threaten Drug Firms from www.patentlyo.com

NYTimes has published a front page article by Duffy Wilson titled "Patent Woes Threaten Drug Firms." The article begins with a case study of Pfizer whose Lipitor money-stream ($10 billion-per-year) will be severely reduced when ...

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South Korea's Defect in Patent Royalty Payments from ipfinance.blogspot.com

The Korean firm of C&S; Patent has just sent around its regular newsletter which included a reference to a report by The Bank of Korea in which , the amount of royalties that S. Korean ...

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Are system claims better than method claims for computer-implemented inventions? from allthingspros.blogspot.com

If you have a computer-implemented invention, are method claims more valuable than system claims, or vice versa? I submit that system claims are the clear winner, at least since January 2011.

Method claims are clearly ...

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“This is panic time, this is truly panic time for the [drug] industry" from ipbiz.blogspot.com

Back in 2008, seeking alpha had a simple post titled 10 Pharmaceutical Stocks and Their Patent Expiration Drugs which among other things noted the impending expiry of patent protection of Pfizer's Lipitor for cholesterol ...

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Robin Feldman on Owning You from writtendescription.blogspot.com

The fourth paper in my review of Stanford's Bilski Symposium is Whose Body Is It Anyway? Human Cells and the Strange Effects of Property & Intellectual Property Law by Robin Feldman (U.C. Hastings Law ...

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A Taste of Trademark Law from ipspotlight.com

A recent court opinion from the Eastern District of Pennsylvania concluded that a gift basket vendor could not claim exclusive rights to the phrase “A Taste of Philadelphia,” despite holding a federal trademark registration covering ...

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Bizarre plagiarism piece in New York Times from ipbiz.blogspot.com

In an article titled A Folly That Can Cost a Reputation — or Not, D.D. GUTTENPLAN rambles from the plagiarism of Karl-Theodor zu Guttenberg to that of Seif al-Islam el-Qaddafi to that of Joe Biden ...

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Falsely Advertising Compliance With Patented Method Constitutes False Marking from docketreport.blogspot.com

Following a bench trial, the court found that plaintiff had engaged in false marking where it advertised that its fish products were produced in accordance with a patent to which plaintiff had a license, but ...

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Pharma Cos Face “Patent Cliff” as Protection Expires from ipinsider1.wordpress.com

Ten Blockbusters will End in Two Years - An article in Daily Finance says that patents that are expiring on many top-selling drugs will cause pharmaceutical company sales to drop by as much as $30 billion ...

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Algae and the cosmetic business from ipbiz.blogspot.com

From a post by ARIEL SCHWARTZ titled How an Algae Biofuel Company Ended Up in the Cosmetics Business :

So Solazyme set to work investigating microalgae, eventually stumbling upon Alguronic Acid, a compound produced by one ...

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The YikeBike® bicycle invention from britishlibrary.typepad.co.uk

There have been many attempts to redesign the bicycle, and I have just come across the YikeBike®, an invention from New Zealand. Projectgarlic Limited, based in Christchurch, applied for the Cycle...

(From Steve van Dulken ...

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Sputnik moment in biofuels? from ipbiz.blogspot.com

Axel Heitmann of Lanxess admits that fossil fuels will remain an important part of the global economy “for decades, possibly even centuries.” However he notes that this research effort is part of a “paradigm shift ...

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Panel: Help Needed With IP Implications Of Nagoya Protocol On Genetic Resources from www.ip-watch.org

The new international agreement on access and benefit-sharing of genetic resources has many IP implications, according to panellists at an event last week. And at least one United Nations agency is launching an effort to ...

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In Memoriam: William L. Hayhurst QC, 1925 – 2011 from www.iposgoode.ca

David Vaver is Professor of Intellectual Property Law at Osgoode Hall Law School and on the Advisory Board of IP Osgoode. Readers will be saddened to hear that William L. Hayhurst QC passed away on ...

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China’s Future Knowledge Economy to lead to more litigation abroad by Chinese patentees from patlit.blogspot.com



One of the aims of the State Intellectual Property Office’s recently issued National Patent Development Strategy (2011-2020) (Strategy) is to ensure that China has a robust knowledge economy by the year 2020, writes George ...

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Repligen Corp. v. Canada (A.G.): Clerical Error in the Intellectual Property Office from www.iposgoode.ca

David Vaver is Professor of Intellectual Property Law at Osgoode Hall Law School and on the Advisory Board of IP Osgoode. There has been a steady stream of cases on Patent Office refusals to correct ...

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Historical and Entertaining Patents from info.articleonepartners.com

Historical and Entertaining Patents By Catherine Zielinski

To jump-start our new weekly blog series, Article One Partners created this quick list of intriguing historical patents.  These will provide levity and a general background behind the ...

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What Should and Should Not Be Patentable? An Australian Recommendation from www.iposgoode.ca

Ivy Tsui is a JD candidate at Osgoode Hall Law School. The Australian Government’s Advisory Council on Intellectual Property (ACIP) has released its Report on “Patentable Subject Matter” – detailing the types of inventions that ...

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Motorola says 'Android-based products are increasingly competing in the gaming market' with Microsoft's Xbox from fosspatents.blogspot.com

On December 24, 2010 I published my last update on the patent dispute between Microsoft and Motorola over Android-based smartphones and, to a lesser degree, set-top boxes and the Xbox gaming console. At the time ...

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COMPETES Act competitiveness study RFI - and new questions from www.athenaalliance.org

In an earlier posting, I noted that the reauthorization of the America COMPETES Act contained a provision requiring the Secretary of Commerce to conduct a study on the on economic competitiveness and innovative capacity of ...

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Patent Office Delay Contributing To Small Business Failures? from gametimeip.com

If you’ve paid even marginal attention to the Senate’s patent reform debates (which may come to an end this week), you’ve no doubt heard the patent office “delay” statistics repeated time and ...

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Global Copyright: Three Hundred Years Since the Statute of Anne, from 1709 to Cyberspace from www.iposgoode.ca

Global Copyright: Three Hundred Years Since the Statute of Anne, from 1709 to Cyberspace celebrates the tri-centenary of modern copyright, which began with the enactment of the Statute of Anne by the British Parliament in ...

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BIO Opens Nominations For 2011 Biotech Humanitarian Award from ipwatchdog.com

The Humanitarian Award honors work that aims to reduce human suffering significantly or enhance the human experience in a way that has a clear and direct benefit to society. Additional consideration will be given to ...

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FTC Report Recommends Improvements in Patent System from www.infringementupdates.com

The following is excerpted from a March 7, 2011 FTC press release: A new Federal Trade Commission report recommends improvements to two areas of patent law policies affecting how well a patent gives notice to ...

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Patent Reform: The Senate Makes Its Move from ipwatchdog.com

With a powerful vote of 87 to 3 on a motion to bring debate to a close, the Senate is on the cusp of passing comprehensive patent reform legislation. S.23, “The America Invents Act ...

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Recusal in Association for Molecular Pathology v. United States Patent and Trademark Office? from www.717madisonplace.com

The Federal Circuit has published the oral argument schedule for April 2011 which includes the case of Association for Molecular Pathology v. United States Patent and Trademark Office.  The schedule reads as follows: Panel B ...

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BPAI confuse enablement written description from allthingspros.blogspot.com

Takeaway: In appealing a § 112 First written description rejection, the Applicant properly argued  "possession" in the Appeal Brief but mistakenly referred to "enabling" in the Reply Brief. The BPAI affirmed the rejection, but seemed to ...

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The “App Store” Saga Continues from tacticalip.com

by Aaron Thalwitzer Apple recently filed a brief opposing Microsoft’s motion for summary judgment in the App Store case, arguing that Microsoft has failed to prove that other smartphones should be able to call ...

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FTC Issues 300-Page Report on IP Marketplace; Provides over 50 Recommendations for Improving Patent System from 271patent.blogspot.com

In 2008-2009, the Federal Trade Commission (FTC) held 8 days of hearings across the country on the U.S. patent system and its effect on innovation.  After compiling public comments and conducting additional research, the ...

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They Invented What? (No. 196) from anticipatethis.wordpress.com

U.S. Pat. No. 3,458,188:  Dance belts with detachable elastic joining members. What is claimed is: 1. In combination, a pair of dance belts, each belt comprising an elongated rectangular shaped fabric body ...

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