Patent & IP news for August 29, 2011

Content: to be free or not to be free? from www.erikpelton.com

There is a growing debate in professional (including legal) communities as to whether and how much free content professionals should provide? Does providing free content make you a thought leader? Does it make your advice ...

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A first look at the ‘Amendments’ to the ‘Copyright Amendment Bill, 2010’ from spicyipindia.blogspot.com

Thanks to Shamnad, we now have a copy of the ‘Amendments’ being moved by Minister Kapil Sibal to the ‘Copyright Amendment Bill, 2010’. The amendments are accessible over here. Most, though not all, of these ...

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Lost in the post from ipkitten.blogspot.com

A sincerely committed IP enthusiast and practitioner has emailed the following missive to the Kats:

"I was wondering if any other IPKat readers ever wondered why we can't file an application to register a ...

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Flowchart Insuficient Structure to Define Sofware Means-Plus-Function Limitation from www.patentlyo.com

In re Aoyama (Fed. Cir. 2011) Aoyama's pending application claims a supply chain management system with two elements: “an order controller system” and “a warehouse system.” According to the claim, the order controller generates ...

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Practice Pointer Series: Commercial Evaluation, An Integral Part of Out-Licensing from spicyipindia.blogspot.com


Tarun Khurana, one of our frequent guest bloggers, has sent us a practice pointer related to commercial evaluation.  This post would be useful for patentees, applicants and attorneys as Tarun provides an excellent overview of ...

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Thai gives Cambodia the finger over jeebs -- or get your hands of our intangible heritage! from ipkitten.blogspot.com

A Cambodian jeeb Perusing his daily copy of the Bangkok Post, this well-read Kat could not fail to spot an article that, he instantly recognised, was bound to fascinate and enchant his readers. Entitled , "The ...

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Monday miscellany from ipkitten.blogspot.com

There a couple of surveys out there in which readers might like to participate on their return from holidays. The IPKat's own survey (which you can find at the top of the side bar ...

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Distributed Incompetence from www.patenthawk.com

Mitsui Bussan Logistics tried to get a patent on product distribution chain management (10/798,505). The examiner at the PTO was typically feeble in examination, as was the patent board. At the CAFC, Judges ...

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Letter from AmeriKat: 8,000,000, 3, 1970s, 1, $3,340, #24 - US IP News in Numbers from ipkitten.blogspot.com


For international travellers coming from the U.S., you will usually find yourself in one of the many Hudson News stores doting our nation's airports pacing the magazine rack for a selection of entertaining ...

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Solazyme Sambas Into Brazil with Engineered Algae that Crave Sweets from www.greenpatentblog.com

Solazyme is a South San Francisco company that makes oil from microalgae.  Instead of providing sunlight and carbon dioxide for direct photosynthesis, Solazyme feeds the algae sugars from various biomass feedstocks in the absence of ...

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Conference & CLE Calendar from www.patentdocs.org

August 30, 2011 - The Overhaul of U.S. Patent Law (National Small Business Association and Washington, DC, Northern Virginia, and Baltimore sections of the IEEE) - 1:00 to 4:30 pm (ET) August 31, 2011 ...

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Court Report from www.patentdocs.org

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Alcon Pharmaceuticals, Ltd. et al. v. Apotex Inc. et al. 4:11-cv-00600; filed August 25, 2011 ...

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Galaxy Tab 10.1: Samsung concedes another month in Australia from fosspatents.blogspot.com

In geographic terms, Australia and Germany are antipodal to each other, but they have something in common: those are the only two countries in the world in which Samsung cannot sell its Galaxy Tab 10 ...

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Federal Circuit Warns That Early Offer For Sale Can Come Back To Bite You from www.pharmapatentsblog.com

In August Technology Corp. v. Camtek, Ltd., the Federal Circuit stated that an on-sale bar can arise as long as there is an offer for sale and conception of the invention some time prior to ...

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Sept. 7 ABA patent drafting seminar explains: WYDIWYG from ipspotlight.com

This month’s issue of Landslide, the magazine of the American Bar Association’s Section of Intellectual Property Law, includes an article by Joseph E. Root entitled “The Disclosure Revolution:  It’s a WYDIWG World ...

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Copyright Registration – File Early and Often from ipwatchdog.com

As a general rule, a copyright lasts for the life of the creator PLUS another 70 years. So your grandchildren and great-grandchildren can benefit from your creation well after you have left this earth. For ...

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Trademark reference within casual dining article from ipbiz.blogspot.com

Within a finance.yahoo story titled The Great Casual-Dining Upheaval:

Ruby Tuesday, which grew revenue in its fiscal 2011 for the first time in four years, is licensing and opening stores from Lime Fresh Mexican ...

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College presidents don't tweet from ipbiz.blogspot.com

A Pew survey of college presidents noted: About a third report using Facebook at least weekly, and 18% occasionally use Twitter.

AND

Most college presidents see an increase in plagiarism and most believe that computers ...

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Samsung v. Apple: Patent Litigation Meets Sci-Fi Mainstay from tacticalip.com

Aaron Thalwitzer We all know Apple moved to enjoin Samsung in its US patent suit over the iPad (among other many things). Samsung filed its opposition brief, in which it makes a claim that makes ...

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"The potential for misinformation or misunderstand is so significant, ..." from ipbiz.blogspot.com

An article on the smart phone patent wars includes the text: Truth be told, I’m not even sure a regular lawyer could walk most people through the mess, I think it requires special patent ...

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Apple not trustworthy as to disclosing patents? from ipbiz.blogspot.com

From channelnews (Australia) on 29 Aug 2011:

Apple has been accused of not being “trustworthy” after a Judge in the Australian Federal Court was told that Apple chose midnight on a Sunday night to dump ...

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News on ‘intellectual property’ from Parliament from spicyipindia.blogspot.com

The much anticipated debate on the Copyright Amendment Bill, 2010 had to be postponed till tomorrow on account of Minister Sibal not being present when the Bill was called out today. The Chairperson has scheduled ...

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Constitutionality of Mandatory Stay Pending ITC Investigation Questioned from docketreport.blogspot.com

The court denied the parties' joint motion to stay pending an ITC proceeding but sua sponte granted a stay pending further order of the court. "[T]he Court doubts the constitutionality of Section 1659(a ...

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"Why is this out in the public?" from ipbiz.blogspot.com

An AP story detailing offers from private collectors to buy an antique fortune-telling machine now owned by Montana ends with the paragraph:

"A lot of these collectors, they come and say the same thing: 'Why ...

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The Value of Withheld Indemnifications from www.ipeg.eu

A senior licensing executive from a prestigious technology transfer office posed the following question to me: “Our TTO is not willing to grant an indemnification to our licensee. In view of this position, to what ...

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Star Scientific Denied New Trial from www.infringementupdates.com

The following is excerpted from an August 29, 2011 article at CSP: An appeals court on Friday denied tobacco-products company Star Scientific Inc.'s patent infringement claims against Reynolds American Inc. and its motion for ...

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ICANN Approves New GenericTop Level Domain Names from www.postgrant.com

Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in ...

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Microsoft Sues Motorola for Patent Infringement from www.postgrant.com

Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top ...

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Oracle v. Google: Halloween trial date may be postponed from fosspatents.blogspot.com

Judge William Alsup of the United States District Court for the Northern District of California, the judge presiding over Oracle v. Google, just issued an order suggesting the trial date, which is currently scheduled for ...

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Chenery issue in CAFC decision in IN RE KEISUKE AOYAMA from ipbiz.blogspot.com

Judge Newman's dissent in the case begins:

On this appeal from a PTO rejection, the court has ap- plied a new ground of rejection—which the court calls “indefiniteness”—and issued a final judgment ...

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BPAI request rehearing new evidence office action from allthingspros.blogspot.com

Applicant requests BPAI rehearing and receives new Office Action because request introduced new evidence
Takeaway: In Ex parte O'Neill, the Board "procedurally reversed" the Examiner's obviousness rejections and instead entered a new ground ...

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Plaintiff(s) File Petition for Rehearing in AMP v. USPTO -- Update from www.patentdocs.org

By Kevin E. Noonan -- On Thursday, counsel for plaintiffs/appellees in Association for Molecular Pathology v. U.S. Patent and Trademark Office (who may be simply Dr. Harry Ostrer, the only plaintiff with standing in ...

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