Patent & IP news for March 25, 2011

Patent Litigations

USPTO Stats

5,388
published
appl'ns
5,079
granted
patents
132
ptab
decisions

Patent & IP Blogs

post image 'International Press' covers Enercon dispute; Indian media continues to give it the royal ignore from spicyipindia.blogspot.com

The New York Times, the Financial Times and the German Times have all carried stories on Enercon GmBH’s dispute with its Indian partner. We have blogged about the Enercon patent disputes over here and ...

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post image Another day, another bunch of scams from ipkitten.blogspot.com

This weblog, together with its cousin the MARQUES Class 46 weblog, has been campaigning in recent weeks for something to be done in order to combat the unfair and deceptive business practices which prey upon ...

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post image Theoretical from www.patenthawk.com

Duramed sued Watson for infringing timed-release oral contraceptive patent 7,320,969. As with most drug patent matters, Watson painted the target it on itself with an ANDA. Watson stipulated to infringement, but challenged validity ...

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post image Friday fantasies from ipkitten.blogspot.com

Please remember to check out the IPKat's fabled, fascinating and fulfilling Forthcoming Events list -- there's something there for (almost) everyone!



"Future Plans". The forthcoming MARQUES Class 46 seminar to review and discuss the ...

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post image Being cruel to be KINDER: ECJ says "yes" to TiMi from ipkitten.blogspot.com

Being very fond of both yoghurt and children, the IPKat has long taken an interest in Case C‑552/09 P, Ferrero SpA v Office of Harmonisation in the Etc Etc, Tirol Milch reg.Gen ...

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post image David Kappos comes to town! from ipkitten.blogspot.com

INSTITUTE
The Directors Roundtable Institute,

with the cooperation of the IPKat,

invites you to attend a programme

for Boards of Directors and their Advisors



A DIALOGUE WITH DAVID KAPPOS



DIRECTOR OF THE U.S ...

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post image Coming to their Sensis: of Aussies, scams and the Yellow Peril from ipkitten.blogspot.com

This one has an ® ...  Scams of one sort or another have been frequent visitors to the IPKat's weblog recently.  Here's one all the way from Australia.  The IPKat thanks David Lancaster (Rouse Legal ...

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post image Paying Maintenance Fees from www.patentlyo.com

A patent's twenty year term is cut short when a patent holder fails to pay regular maintenance fees. In the US, maintenance fees are due 3.5, 7.5, and 11.5 years after ...

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American Piledriving v. Geoquip: Resolving Different Courts' Constructions from www.patentlyo.com

By Jason Rantanen American Piledriving Equipment, Inc. v. Geoquip, Inc. and American Piledriving Equipment, Inc. v. Bay Machinery Corporation (Fed. Cir. 2011) Download 10-1283 Panel: Bryson, Gajarsa, and Linn (author) One of the Federal Circuit ...

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Link to a Copyrighted Video, Get Five Years from tacticalip.com

by Aaron Thalwitzer The next time you link to a video could be your last. The Department of Homeland Security (DHS) is now criminally prosecuting merely linking to copyrighted material. See the case of Brian ...

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Biotech/Pharma Docket from www.patentdocs.org

By James DeGiulio -- Apotex's Generic Provigil Found Not to Infringe Cephalon Patent Apotex received a favorable ruling on summary judgment in its dispute with Cephalon regarding the narcolepsy drug Provigil after the U.S ...

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Supreme Court Increases Disclosure Burdens on Pharma Companies from www.patentdocs.org

By Kevin E. Noonan -- As it has done in other areas of the law recently (such as Bell Atlantic Corp. v. Twombly), the Supreme Court on Tuesday addressed the requirements for pleadings sufficient to survive ...

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Compulsory licences for patented medicines from ipwars.com

The Australian government has announced its intention to amend the Patents Act by the end of 2011 to empower the Federal Court to grant “to manufacture and export patented pharmaceuticals to countries trying to deal ...

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Roadshow v iiNet from ipwars.com

The film studios have announced they have sought special leave to appeal from the Full Federal Court’s 2-1 decision dismissing their claim that iiNet infringed their copyright by ‘authorising’ its subscribers’ infringing activities. AFACT ...

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Patent Owner Reexamination Requests with Parallel Litigation from www.reexamlink.com

You have worked hard and obtained a patent for your company.  You do your homework and believe that your competitor is infringing your patent.  You ultimately engage the help of a litigation team and sue ...

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Factors in Deciding Motions to Stay Litigation Pending Reexamination from www.reexamlink.com

If a patent is in reexamination at the outset of a patent infringement action, there is a possibility of obtaining a stay from the district court.  But motions to stay are not always successful, and ...

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More on Fractus Reexaminations from www.reexamlink.com

My earlier post had an incomplete list of the Fractus reexaminations.  A better compilation is found in a document titled:  Supplemental Notification of Concurrent Proceedings Pursuant to 37 C.F.R. §1.985  which is ...

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Patent Term Adjustment - Challenging Applicant Delays from www.pharmapatentsblog.com

Hoffman-La Roche Inc. and Morphosys AG are among the latest patent holders to file a Patent Term Adjustment (PTA) action against the USPTO. Their complaint is somewhat unique in that it challenges the factual basis ...

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Patentability Versus Freedom To Operate from www.pharmapatentsblog.com

The difference between patentability and freedom to operate took the forefront in Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc.  The Federal Circuit upheld the district court's denial of JMOL after a ...

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Kodak appeal of ITC decision from ipbiz.blogspot.com

In January 2011, an ITC judge ruled that Kodak's patent, asserted against Apple and RIM over cameras in mobile phones, was invalid. The full ITC will announce on March 25 whether it will review ...

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House Patent Reform Bill Broadens Prior User Defense from gametimeip.com

I received a copy of what appears to be the House version of the Patent Reform bill (also dubbed the “America Invents Act”).  Just like S.23, the house version includes the poorly drafted first-to-file ...

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Another episode in the make-believe world of CIRM from ipbiz.blogspot.com

California's CIRM has long dwelt in a fantasy world. When Proposition 71 was presented to the voters, unrealistic promises were made [
Did campaign ads for Proposition 71 violate fair trade laws?
]. Now, to pay ...

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House not going to accept S.23 "as is"? from ipbiz.blogspot.com

A post at the National Journal suggests the House of Representatives may not accept S.23 on patent reform as written by the Senate-->

The draft includes major changes incorporated in the Senate patent-reform bill ...

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BPAI spec broad definition chemical compound from allthingspros.blogspot.com

BPAI finds that expansive definition of "functional polymer" in spec applies to claim term "polymeric compound" having same root
Takeaway: In Ex parte Brabec, the Examiner interpreted the claim term "polymeric compound" broadly to include ...

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Island Def Jam Opens Up Their Catalogue to the World of Apps from www.iposgoode.ca

Erica Lewin is a JD candidate at Osgoode Hall Law School and currently enrolled in the course Law & Social Change: Law & Music, in Winter 2011. As part of the course requirements, students are asked to ...

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Court Rejects Settlement Agreement In Google Books Class Action from www.iposgoode.ca

Matt Lonsdale is a JD candidate at Dalhousie University. The United States District Court for the Southern District of New York released their decision in the fairness hearing on the latest proposed settlement in the ...

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Corporations Have No Personal Privacy Interests Says U.S. Supreme Court from www.iposgoode.ca

Matt Lonsdale is a JD candidate at Dalhousie University. In a ruling heavy with statutory interpretation, the U.S. Supreme Court held on March 1st that for the purposes of the Freedom of Information Act ...

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Big Losses Loom for Big Pharma from www.iposgoode.ca

Dan Whalen is a JD candidate at Osgoode Hall Law School. The New York Times reported that many of the major players in the global pharmaceutical industry are set to lose exclusive rights to 10 ...

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Plagiarism and copyright infringement are not the same thing! from ipbiz.blogspot.com

A post at creativeboom begins with the text:

Plagiarism, or copyright infringement to give it its legal term, may be rife over the internet but that is not to say that it is fine to ...

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Top 5: Unexpected Places to Find Prior Art from info.articleonepartners.com

By Catherine Zielinski

 

Although Google, Google Patents and the USPTO’s electronic databases are commonly declared favorite research tools by patent researchers throughout the world, an important niche of knowledge is imperative not to forget ...

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French Academic Libel Case considers who has Jurisdiction on the Internet? from www.iposgoode.ca

Mark Kohras is a JD candidate at Osgoode Hall Law School. On March 3 2011, a ruling was made in a highly anticipated French libel case. The case, involving a defamation claim for posting a ...

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Trolling the oceans for alguronic acid? from ipbiz.blogspot.com

Note the article in the New York Times on 24 March 2011 titled Trolling the Oceans to Combat Aging which includes text:

Mrs. Slater [of Sephora] added that it made sense to her that alguronic ...

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4Q 2010 GDP now set at 3.1% from www.athenaalliance.org

Here we go again. BEA released the third estimate for 4Q GDP, revised upward to 3.1%. The second estimate was 2.8%, revised downward from first ("advance") estimate of 3.2% (see earlier posting ...

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Duramed vs. Watson: summary judgment of nonobviousness reversed from ipbiz.blogspot.com

Duramed is the owner of U.S. Patent 7,320,969, and won
summary judgment as to nonobviousness before the district court.
This decision was reversed by the CAFC, so that Watson
gets another chance ...

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US Goes Bankrupt in 2019 from hallingblog.com

The US is already actuarially bankrupt, meaning that our unfunded liabilities are greater than our assets.  Our unfunded liabilities are estimated to be about equal to our total assets at $144 Trillion.  A number of ...

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Supreme Court Patent Case of the Week — Ex parte Wood & Brundage (1824) from www.717madisonplace.com

22 U.S. 603 (1824) 9 Wheat. 603 Ex parte WOOD & BRUNDAGE. Supreme Court of United States. March 11, 1824. March 17, 1824. This cause was argued by Mr. Haines,[a] in support of the ...

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ITC to Review Kodak's Claim Against Apple, RIM from www.infringementupdates.com

The following is excerpted from a March 25, 2011 article by Josh Lowensohn published by CNET News: The U.S. International Trade Commission has decided that it will review Eastman Kodak's patent infringement complaint ...

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