Patent & IP news for September 8, 2011

Patent Litigations

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5,294
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5,045
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190
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Patent & IP Blogs

post image Why the NFL is king of branding from www.erikpelton.com

The NFL season kicks off today. Today, NFL is widely recognized as the #1 sport in America, having replaced our “national pastime,” baseball. I’m sure there are many reasons for this change over the ...

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post image Beauregarding Patent Claims from www.patentbaristas.com

Beauregard claims took a hit in the CyberSource Corp. v. Retail Decisions, Inc. decision at the US Court of Appeals for the Federal Circuit.  The Court also pronounced a “human mind power” test for patentable ...

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post image The Senator Ate My Butt-Saving Bill from www.patentbaristas.com

The Leahy-Smith America Invents Act, H.R. 1249, which passed the House in June by 304-117 in June, contains a provision to amend 35 U.S.C. 156, the statute governing patent term extensions. Specifically ...

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post image What Would Real Patent Reform Look Like? from hallingblog.com

I have written a number of times on what real patent reform would actually accomplish.  One of the major problems with our patent system is that your rights stop at the border.  This is different ...

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post image The Déjà Vu Patent Act from www.patenthawk.com

The Senate passed H.R. 1249 unamended, sending the bill to President Obama's desk for signature. The law goes into effect the day it is signed by the President. Put a fork in it ...

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Biotech/Pharma Docket from www.patentdocs.org

By James DeGiulio -- Teva's Patents Covering Copaxone Upheld in Infringement Suit Mylan failed in its efforts to dismiss Teva's patent suit over the multiple-sclerosis drug Copaxone when the patents directed to the active ...

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Oracle says Andy Rubin doesn't meet Safra Catz' standard and blames him for the mess from fosspatents.blogspot.com

Yesterday I reported on Oracle's and Google's replies to the court's suggestion of mediation in front of a United States Magistrate Judge. Formally, both parties welcomed the court's proposal, but only ...

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Telstra v PDC update from ipwars.com

The transcript of Telstra’s unsuccessful application for special leave has now been posted here. The Sydney Morning Herald speculates that Telstra is seeking talks with the Attorney General “to close the loophole”. One consequence ...

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Patent Reform Passage Likely Today from www.patentlyo.com

The Senate has scheduled to vote on final passage of H.R. 1249 for 4 p.m. (ET) today. A handful of amendments to the bill have been proposed. However, none of them are likely ...

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Will the term “patent troll” really be allowed in court? from docketreport.blogspot.com

Probably not. In yesterday’s edition of the Docket Report, the lead story focused on a motion to strike the phrase “patent troll” from plaintiff’s complaint in Highland Plastics, Inc. v. Sorensen Research & Development ...

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Two more Android OEMs sign up as Microsoft patent licensees from fosspatents.blogspot.com

About two months ago, Microsoft signed up four new Android OEMs as patent licensees within about a week. Last year, Microsoft also announced a deal with HTC, as I mentioned in that same post.

Today ...

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July trade in intangibles from www.athenaalliance.org

Good news on the July trade deficit released this morning: the deficit dropped by $6.8 billion to $44.8 billion, far better than economist had expected. Exports rose by $6.2 billion while imports ...

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Patent Reform Passage Appears Imminent from inventivestep.net

Yesterday, the Senate debated the House Patent Reform bill, H.R. 1249, and agreed to the motion to consider the bill.  Thus, the bill is now laid before the Senate. The Senate has scheduled 5 ...

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Military markets its brand from www.athenaalliance.org

I've long argued that the US government needs to do a better job of managing its intangible assets, including its brand. For example, we should have a budget crosscut of how much the federal ...

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Introducing New Written Description Bloggers from writtendescription.blogspot.com

I am delighted to welcome three new bloggers on Written Description, who will share their thoughts on recent IP scholarship while I take a one-year blogging break. You can look forward to hearing from them ...

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Trout Selected by Peers for Inclusion in the 2012 Edition of the Best Lawyers in America® from blawgit.com

Brett J. Trout has been selected by his peers for inclusion in the 2012 edition of The Best Lawyers in America® in the practice areas of Information Technology Law and Patent Law. The Best Lawyers ...

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RIM Patents next to go? Some investors hope so from tacticalip.com

Scott Nyman   Who will be the next tech company to sell a portion of its patent portfolio for cold hard cash? If you you own stock in Research In Motion, makers of BlackBerry smartphones, you ...

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Patent reform 2011: the final stretch? from ipbiz.blogspot.com

Once patent reform shifted from IT vs. pharma to "big guy" vs. "little guy," reform moved faster, but was less substantial as to the issues that were disputed back in 2005.

from Politico, on patent ...

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When trade secrets are better than patents from ipbiz.blogspot.com

See the post on the hallingblog titled What Would Real Patent Reform Look Like? , including text by Jim Lauffenburger:

It is interesting that in my company, EM Microelectronics, the best method for protection is definitely ...

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First Change: 15% Fee Increase from www.patentlyo.com

Most of the provisions of the Leahy-Smith Act will take some time to be effective. Thus, for instance, the first-to-file regime will only apply to patent applications with an "effective filing date" that is 18-months ...

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IP Australia Complicates Divisional Application Prosecution from www.pharmapatentsblog.com

The Australian Patent Office (IP Australia) recently implemented changes to its examination procedures for divisional applications that are designed to promote "prompt resolution" of their status, "particularly where the claimed subject matter of the divisional ...

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The Effects of the America Invents Act on Technological Disclosure from www.patentlyo.com

By Jason Rantanen (Note: Given the almost certain passage of H.R. 1249 by the Senate, this analysis refers to that version of the pending patent legislation. It is available here.). The principal justification for ...

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IFRRO: Collective Management For Orphan Works from www.ip-watch.org

The International Federation of Reproduction Rights Organisations (IFRRO) has submitted comments on the proposed European Union directive on orphan works, which aims to increase legal certainty for use of creative works whose copyright holders cannot ...

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Odds rise again for Ellison-Page showdown in front of 'dedicated Facebooker' judge from fosspatents.blogspot.com

Nothing is easy in the dispute between Oracle and Google. With all the back-and-forth over who may want to or have to participate in a last-ditch mediation effort, things may get confusing to some observers ...

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Patent Reform – Sen. Session’s Amendment Fails from www.patentlyo.com

Senator Sessions amendment has failed. 47-51. The Senate will likely complete its vote on the reform measure by 5:30 pm today. The Sen. Session's amendment had proposed an amendment stripping a provision from ...

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Profile of a Patent Translator, Part 1 from intellogist.wordpress.com

The Intellogist Blog has had the opportunity to interview a number of experts on patent searching, patent data dissemination, and patent landscape studies.  The patent environment provides a broad field for many types of professionals ...

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Senate Approves the America Invents Act of 2011 (H.R. 1249). from anticipatethis.wordpress.com

The Senate has voted and passed the America Invents Act of 2011 (H.R. 1249) without amendment.  We are one step closer to having a new “law of the land”, as Senator Leahy termed it ...

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Smith-Leahy America Invents Act to Become Law - Senate Passes H.R. 1249 Without Amendment from www.patentlyo.com

In a bipartisan 89–9 vote, the Senate has passed H.R. 1249 without amendment. The Smith-Leahy America Invents Act will become law once signed by President Obama within the next week or so. Read ...

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Failure to Timely Produce Source Code and Violation of Protective Order Warrant Attorneys' Fee Sanction at $630 Blended Rate from docketreport.blogspot.com

Plaintiff's motion for sanctions against defendant for failing to timely produce all of its source code and for violating a protective order was granted in part. "Instead of complying with the Court’s order ...

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Patent Reform Passes US Senate, Makes History; Obama to Sign: IP-Watch Analysis Shows Who Wins from www.ip-watch.org

The United States Senate on Thursday passed historic patent reform legislation – but not before some heated debate on the chamber’s floor. It now goes to President Obama for his signature. Intellectual Property Watch offers ...

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America Invents Act Passes 89-9 from hallingblog.com

According to IPwatchdog, the bill passed without any amendments.  This means there is no meaningful protection that the Patent Office will receive all its user fees.  The director of the Patent Office, David Kappos, had ...

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"The Dog Ate My Homework" component of Patent Reform (HR 1249) from ipbiz.blogspot.com

The New York Times reported on September 8 about an interesting part of HR 1249.

H.R. 1249 includes a provision, glibly termed "The Dog Ate My Homework Act" that would retroactively lengthen the deadline ...

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Patent Reform Clears Final Hurdle--President Obama Expected To Sign America Invents Act Soon from www.pharmapatentsblog.com

Patent Reform cleared its final hurdle on September 8, 2011, when the Senate approved the House version of the Leahy-Smith America Invents Act by a vote of 89-9, leaving only President Obama’s signature as ...

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