Patent & IP news for September 26, 2011

Patent Litigations

USPTO Stats

6,281
published
appl'ns
5,023
granted
patents
129
ptab
decisions

Patent & IP Blogs

post image Positive declaratory relief: can you help a Finn to finish? from patlit.blogspot.com

Finnish Patent litigation enthusiast Teemu Puutio is currently working on his Masters degree in Turku. His LLM studies are now at their final stage, in which he is facing the ultimate challenge -- writing up his ...

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post image When Monsanto's Patents Expire from www.patentlyo.com

Monsanto Co. v. Vernon Bowman (Fed. Cir. 2011) The Federal Circuit has again affirmed that Monsanto’s genetically modified seeds patents can be used to stop farmers from saving and replanting the GM seeds. Here ...

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post image Unpaid costs re-revisited from ipkitten.blogspot.com

The IPKat didn't really expect the issue of unpaid costs in contested IP proceedings to disappear (see earlier post, "Unpaid Costs Revisited", here). That will only happen once there are no more unpaid costs ...

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post image Book Review Monday: Great Patents from www.patentbaristas.com

In Great Patents: Advanced Strategies For Innovative Growth Companies, Editor David Orange provides a collection of topics set out by experienced industry insiders. Great Patents is billed as a book on patent strategy that bridges ...

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post image Monday miscellany from ipkitten.blogspot.com

Friday came and went -- and the IPKat was too busy chasing his tail to notice that he hadn't posted his usual reminder to check the Forthcoming Events page. There are plenty of seminars, events ...

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post image Apple-Samsung court hearings in South Korea, Australia and the Netherlands from fosspatents.blogspot.com

With 20 (or more) lawsuits going on between Apple and Samsung around the globe, it happens that hearings in two such cases take place on the same day. Today, there was a hearing in Australia ...

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post image A Kodak Moment from www.patenthawk.com

Spread Spectrum Screening (S3) sued Eastman Kodak and a few of its customers for infringing 5,689,623. Judge Robert W. Gettleman of Northern Illinois severed the claims against Kodak from its customers, stayed the ...

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post image Linking legal and marketing theories regarding secondary pharma patents from ipfinance.blogspot.com

Although the seminar which takes place on the afternoon of Thursday 3 November, 5.00pm to 6.30pm, is officially an IPKat event, its subject matter is one which may appeal to many readers of ...

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post image Back of the Bus from www.patenthawk.com

Sage plutocrat Hal Wegner proposes that patent agents be proscribed from practicing before the new Patent Trial and Appeal Board, blaming the current appeal backlog on patent agents having "no formal legal training." "The far ...

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post image Historical Patents: Television Innovation from info.articleonepartners.com

Today is the anniversary of the first-ever televised presidential debate, when in 1960 John F. Kennedy famously outperformed Richard Nixon in audience opinion by simply looking more poised on the screen.  Kennedy won the election ...

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post image How Does Innovation Fit in a Nation with 20% Unemployment? from www.ipprospective.com

As discussed in the Main Street Catalyst series, unemployment is currently a hot topic in economic and political debate. Politicians continue to clamor for means to create jobs, while governmental agencies and media outlets report ...

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post image Believe it or not, here are even more events from ipkitten.blogspot.com

Miffy demonstrates her patented
technique for looking awake and
interested in patent seminars ...
There's an IPKat seminar coming up on the afternoon of Thursday 3 November, 5.00pm to 6.30pm, in the pleasantly-equipped ...

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post image Japanese pharmaceutical company sues for patent infringement in Delhi to protect French markets from spicyipindia.blogspot.com

We have recently received information about an interesting patent infringement case filed by Astellas Pharma Europe B.V. (‘Astellas’) a company incorporated in the Netherlands, before the Delhi High Court (C.S. (O.S.) No ...

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USPTO Track I Fee-Based Prioritized Examination Available Now from www.pharmapatentsblog.com

As of September 26, 2011, applicants can seek fee-based prioritized examination under the USPTO's Track I program. The September 23, 2011 Federal Register Notice sets forth the details of the program, which is largely ...

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Health Impact Fund – Raising Issues Of Distribution, IP Rights And Alliances from www.ip-watch.org

This piece raises several issues with a current public health financing proposal called the Health Impact Fund. It questions the relative distribution of costs and benefits; the persistent issue of intellectual property rights; as well ...

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Novartis Glivec Patent Case: Preliminary Objection from spicyipindia.blogspot.com

After Justice Bhandari's recusal, the Novartis (Glivec) Patent case came up before a reconstituted bench today comprising of Justice Aftab Alam and Justice Ranjana P Desai. Novartis is appealing to the Supreme Court against ...

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FTC proposes update to children’s online privacy rules from ipspotlight.com

The Federal Trade Commission (FTC) has proposed an updated set of online privacy rules to address the use of new technologies — including mobile technologies – by children under the age of 13.  The original rules, issued ...

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Failing to protect your trademarks early can be costly, just ask Twitter from www.erikpelton.com

Registering trademark is not required under the law. But it is a wise investment. It is in essence a form of “insurance” for your brand. The failure to register trademarks properly and early can create ...

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Has the admissibility of Brian Napper’s expert testimony been challenged? If so, has any challenge been successful? from docketreport.blogspot.com

Patent litigation has often been referred to as a “battle of the experts,” meaning experts often play a central role in the outcome of the case. For this reason, it’s important to select experts ...

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Email Processing Patent Claims Patentable Subject Matter Under Bilski from docketreport.blogspot.com

The magistrate judge recommended denying defendants' motion to dismiss plaintiff's infringement claims on the ground that the asserted email processing patent was not drawn to eligible subject matter. "Here, the claims recite a method ...

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Patent Bar Review from www.infringementupdates.com

Practising Law Institute's exam-focus Patent Bar Review chaired by John White offers: > Coverage of the new materials being tested in texts, lectures and practice questions; > Our course is reimagined and improved from day one ...

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New Website Allows Reporting On Violations Of Net Neutrality from www.ip-watch.org

By Monika Ermert for Intellectual Property Watch Civil rights organisations last week launched a website to allow users to report violations of internet neutrality. If users become aware that their telecommunications operators block access to ...

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Judge asks Oracle and Google for input with a view to stay-or-go decision from fosspatents.blogspot.com

On Friday, Magistrate Judge Paul S. Grewal ordered a third (and likely last) mediation talk in court between Oracle and Google for this coming Saturday, October 1. So far, it looks like a settlement isn ...

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Post Grant: Narrowing Claim Construction Argument Creates Intervening Rights for Accused Infringers from www.patentlyo.com

by Dennis Crouch Marine Polymer Tech. v. Hemcon, Inc. (Fed. Cir. 2011) It seems that most accused infringers with a credible argument on prior art also file for reexamination or else the patentee preempts with ...

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Ultramercial LLC v. Hulu LLC from www.filewrapper.com

The United States Court of Appeals for the Federal Circuit recently addressed the issue of whether a method of using advertising as a form of currency, to distribute copyrighted products over the internet, constituted patent-eligible ...

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SPREAD SPECTRUM v. EASTMAN KODAK: CAFC dismisses for lack of jurisdiction from ipbiz.blogspot.com

The beginning of the case:

In this patent case, Spread Spectrum Screening LLC (“S3”) filed suit in the Northern District of Illinois against Eastman Kodak Company (“Kodak”) and four of Kodak’s customers – Continental Web ...

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Edison again from ipbiz.blogspot.com

A post from the Rochester Democrat and Chronicle begins:

President Barack Obama recently signed sweeping patent reform legislation aimed at encouraging innovation and streamlining the patent application process. In signing the measure, Obama noted that ...

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CAFC finds intervening rights in MARINE POLYMER v. HEMCON from ipbiz.blogspot.com

The beginning of the decision notes:

We conclude that HemCon has absolute intervening rights with respect to products manufactured before the date of reissue. We remand for a determination of whether HemCon has equitable intervening ...

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Cybersource v. Retail Decisions: Federal Circuit Upholds Use of Machine or Transformation Test; Discusses Internet-related Process Claims from www.lawupdates.com

By Jeffrey J. Zuber and Sarah S. Brooks || The Federal Circuit recently expanded the analysis of a patent process claim beyond the “machine or transformation” test. In Cybersource Corp., v. Retail Decisions, Inc., No. 2009-1358 ...

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America Invents: A Simple Guide to Patent Reform, Part 1 from ipwatchdog.com

There will be plenty of time to drill down on the particulars of the America Invents Act. The Act is dense, language choices from section to section in some places change and in other places ...

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Top 10 New IP Paper Downloads from writtendescription.blogspot.com

It's time to revisit the list of most downloaded IP papers posted on SSRN in the past 60 days. Wagner and Petherbridge on Phillips and Horowitz on copyright remain popular, but the rest are ...

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Intervening Rights from gordononpatentcases.blogspot.com

MARINE POLYMER TECHNOLOGIES, INC. V. HEMCON, INC.
  • The doctrine of absolute intervening rights protects an accused infringer’s right to continue using, selling, or offering to sell specific products covered by reissued or reexamined claims ...

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