Patent & IP news for August 8, 2012

Patent Litigations

USPTO Stats

6,263
published
appl'ns
5,676
granted
patents
166
ptab
decisions

Patent & IP Blogs

post image Brief from the AdvoKat: UK Disclosure - It’s not chickenfeed (EPO Decision T1839/11) from ipkitten.blogspot.com

The AdvoKat At the end of June, the Technical Board of Appeal (TBA) of the European Patent Office (EPO) issued its reasons for the decision revoking Novozymes's European Patent 18034592 which concerned the protection ...

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post image Patenting Pegasus: From Flights of Fancy to Firmer Legal Moorings? from spicyipindia.blogspot.com

By most accounts, India's specialised IP tribunal, the IPAB (Intellectual Property Appellate Body) has undergone a significant face lift. From being seen as a lethargic and all too incompetent body, subject to flights of ...

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post image Baker's appeal goes a-rye from ipkitten.blogspot.com

The IPKat had previously mentioned a passing-off case in the Irish courts between rival bakeries. It received some minor references from the IPKat in a number of Monday Miscellanies and Wednesday Whimsies, but never the ...

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post image The wheels on the car go Round and ... Metal from ipkitten.blogspot.com

In what could be a new trend for this Kat, following her posts on food and slightly naughty things, she seems to be developing another niche in intellectual property: IP in the automotive industry. First ...

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post image Monsanto wins $1b verdict on RoundUp Ready Seed Patent from www.patentlyo.com

By Dennis Crouch The PACER entry is compelling: JURY VERDICT For: Plaintiffs Against: Defendants In the Amount of: One Billion Dollars. (Entered: 08/02/2012) In his August 6 order, Judge Webber confirmed the jury ...

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post image Wednesday whimsies from ipkitten.blogspot.com

You won't find
this cradle in the
IKEA bedding
deparment
Some readers have wondered why IPKat team member Jeremy has been a little quieter than usual. He has just moved to a new home ...

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post image Even manure brands have trademarks from www.erikpelton.com

I kid you not. Manure. Poop. Dung. Brands of these ‘products’ have trademarks.  Branding can be a valuable for marketing in any industry. And protecting brands is important regardless of the industry.  Here are some ...

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CAFC has mixed decision in Highmark v. Allcare from ipbiz.blogspot.com

The summary of the Highmark v. Allcare case:

We therefore affirm the district court’s finding that Allcare’s allegations of infringement of claim 102 rendered the case exceptional under section 285 and reverse the ...

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CAFC interprets the the Hatch-Waxman safe harbor provision, 35 U.S.C. § 271(e)(1) from ipbiz.blogspot.com

The Momenta v. Amphastarcase involved interpretation of the safe harbor provision of the Hatch-Waxman Act:

The parties thus present us with conflicting views about the scope of the safe harbor. If Amphastar is correct ...

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Lens v 1-800 Contacts trademark case: use in commerce from ipbiz.blogspot.com

Of trademarks:

15 U.S.C. § 1064 provides in pertinent part that “[a] petition to cancel a registration of a mark . . . may . . . be filed . . . (3) At any time if the registered mark . . . has been abandoned ...

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The Smart Phone Patent Wars: Is Government Action on the Horizon? from www.ipwatchdog.com

Last month, both the U.S. Senate and U.S. House of Representatives held hearings related to patent disputes, the ITC, SSOs and FRAND licensing – no doubt precipitated by the smart phone patent wars. On ...

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Study on regulation and innovation from www.athenaalliance.org

Staying with the theme of catching up on items concerning innovation and regulation (see yesterday's posting), here is a study from last year from ITIF on The Impact of Regulation on Innovation in the ...

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"Shield Act" Introduced to Thwart NPEs . . . . from www.iplawalert.com

We previously reported on the new 35 U.S.C. § 299 of the America Invents Act. This statute aims, inter alia, to reduce the ability of a patent owner to join multiple, unrelated defendants in ...

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Return of intangible securitization? from www.athenaalliance.org

Are we seeing a return of the Bowie Bonds? According to a story in the Wall Street Journal ("Bob Dylan and Neil Diamond Become a Selling Point for Bonds") there is a new bond offering ...

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Is a District Court Infringement Determination Final for Appellate Review? from inventivestep.net

Typically, in patent infringement cases, the Federal Circuit only has jurisdiction to hear appeals from “final” judgments of the district courts (yes, there are always exceptions).  Yesterday, the Federal Circuit issued an order sua sponte ...

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Bob Stoll Part 2 – Innovation, Economy, Patent Examination from www.ipwatchdog.com

In part 1 of my interview with Stoll we discussed his adjusting to life in the private sector, the fact that he doesn't enjoy the billable hour part of private practice (just like every ...

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Promotion: Upcoming Events, Courses On Top IP Issues from www.ip-watch.org

From Informa: 9th Annual Pharmaceutical Law Academy – 18th - 19th September, London, UK The essential route to a comprehensive update on the key legal challenges affecting the pharmaceutical industry Why attend Pharmaceutical Law Academy 2012? 1 ...

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Chinese Intellectual Property News – August 2012 from info.inovia.com

There have been some exciting IP developments in China in recent months. Take a look at the latest news from the State Intellectual Property Office of China, provided by our friends at AFD China: As ...

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ITC lets Google intervene in Nokia-HTC case -- but denies it the status of a co-defendant from www.fosspatents.com

Last month, Google brought a motion to join the ITC investigation of Nokia's complaint against HTC as a respondent (i.e., as a co-defendant alongside HTC). Nokia opposed this motion, while HTC supported it ...

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Cross-Licenses and Outbound Agreements Concerning Accused Technology Deemed Discoverable from docketreport.blogspot.com

The court granted plaintiff's motion to compel the production of defendant's outbound licenses and cross-licenses in connection with the accused technology. "District court decisions in this Circuit both before and after [Lucent Technologies ...

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Samsung can hardly explain away all of Apple's smoking guns for intentional copying from www.fosspatents.com

The U.S. trial that started last week has gone fairly well for Apple so far. While jury trials are always somewhat unpredictable, this is an exceptional case in which there appears to be overwhelming ...

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Webinar Takeaway 5: Getting Involved in the American Invents Act from info.articleonepartners.com

This week, we’re continuing to summarize our recent litigation webinar. A large portion of the webinar was dedicated to discussing the America Invents Act (AIA). Article One Founder and CEO, Cheryl Milone, discussed the ...

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They Invented What? (No. 218) from anticipatethis.wordpress.com

U.S. Patent No. 6,161,223: Pants separable at crotch for style mixing. I claim: 1. A pair of outerwear pants having front and back sides and a crotch, the pants separable into right ...

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CBC News Interviews Article One CEO Cheryl Milone on Apple v. Samsung from info.articleonepartners.com

Yesterday, Article One Partners CEO and Founder, Cheryl Milone, was interviewed by CBC’s Leary & O’Leary Exchange TV show for her expert opinion on the current Apple vs. Samsung trial.  During the interview, Ms ...

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Association of Intellectual Property Firms (AIPF) 2012 Annual Meeting Information from www.erikpelton.com

The 2012 Annual Meeting of the Association of Intellectual Property Firms (AIPF) is coming up in a few weeks (October 1-2) in Washington, DC.  I will speaking on both “Trademark Bullying” and “Networking Across Generations ...

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Federal Circuit Has Final Say In Caraco Prandin Case from www.pharmapatentsblog.com

On July 30, 2012 the Federal Circuit issued what should be its final decision in the litigation between Caraco Pharmaceutical Labs. and Novo Nordisk A/S surrounding Caraco’s generic version of Novo Nordisk’s ...

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The Tale of the Uni-Brower: Trade-marking Sports Catchphrases from www.iposgoode.ca

Anthony Davis, formerly NCAA college basketball’s breakout star, and presently the New Orleans Hornets’ #1 draft pick, might soon be following in the footsteps of fellow NBA player Jeremy Lin, although those steps won ...

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Statistics you need to know: 2012 WIPO IP Facts and Figures from intellogist.wordpress.com

The 2012 edition of WIPO’s IP Facts and Figures was released this week. IP Facts and Figures is a yearly favorite of intellectual property statheads and people otherwise interested in the worldwide trends for ...

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Federal Circuit is Split Over Scope of 271(e)(1) Safe Harbor from www.orangebookblog.com

Momenta Pharms. v. Amphastar Pharms., No. 2012-1062 (Fed. Cir.) Less than one year ago, in Classen v. Biogen IDEC, a three-judge panel of the Federal Circuit held that the safe harbor of Section 271(e ...

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USPTO Issues Final Rule to Implement Miscellaneous Post Patent Provisions of AIA from www.patentdocs.org

By Donald Zuhn -- On Monday, the U.S. Patent and Trademark Office published its final rule to implement the miscellaneous post patent provisions of the Leahy-Smith America Invents Act (77 Fed. Reg. 46615). The final ...

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