Patent & IP news for August 22, 2012

Patent Litigations

USPTO Stats

6,178
published
appl'ns
5,766
granted
patents
137
ptab
decisions

Patent & IP Blogs

post image Federal Circuit Declines to Import Limitations From Figures Into Claims, Reverses District Court from www.grayonclaims.com

Jang v. Boston Scientific Corp. (Fed. Cir. Aug. 22, 2012) (nonprecedential)

In this case, the Federal Circuit reversed the district court's construction of the term "connecting strut column" as improperly importing a limitation from ...

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post image Patent Office Uses Restriction Requirement to Limit Scope of Claims from hallingblog.com

Periodically, the PTO decides they need a more aggressive (more European) approach to restrictions.  This practice not only fails to follow the law but it is an attempt to use restriction practice to limit the ...

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post image Is the Delhi High Court the Fairest of Them All? Fair Use & De Minimis Examined from spicyipindia.blogspot.com

I recently attended a roundtable conference on Patents and Copyright where Professor Shyamkrishna Balganesh, noted copyright scholar from the University of Pennsylvania, was talking about the development of the fair use doctrine in a U ...

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post image Copyright in Advertising Slogans?: Godfrey Phillips India Ltd. v Dharampal Satyapal Ltd. & Another from spicyipindia.blogspot.com



This case dealt with the question of copyrightability of advertising slogans. We had earlier blogged on this issue over here. It was decided in early July this year by the Delhi High court. The full ...

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post image CSIR finally discloses details of patent licensing: More than 400 patents licensed over last ten years! from spicyipindia.blogspot.com

Finally, after almost 6 months of RTI applications, appeals and reminders, the Council for Scientific & Industrial Research (CSIR) has provided me with a comprehensive, lab-wise, list of all the patents that it has licenced in ...

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Dolphin Genes Show Relationships between Large Brains and Energy Metabolism Similar to Humans and Elephants from www.patentdocs.org

By Kevin E. Noonan -- "Genome projects" for a variety of species (comprising a complete sequence determination of a species' genomic DNA) has been underway for the past dozen or so years, in the wake of ...

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Dolphin Genes Show Relationships between Large Brains and Energy Metabolism Similar to Humans and Elephants from www.patentdocs.org

By Kevin E. Noonan -- "Genome projects" for a variety of species (comprising a complete sequence determination of a species' genomic DNA) has been underway for the past dozen or so years, in the wake of ...

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USPTO To Permit Assignees To File And Prosecute Patent Applications from www.pharmapatentsblog.com

As set forth in the final rules published in the August 14, 2012 Federal Register, assignees will be able to file and prosecute U.S. patent applications filed on or after September 16, 2012. The ...

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Erik Iverson Interview Part 2: Patents for Humanity from www.ipwatchdog.com

On August 2, 2012, I spoke on the record with Erik Iverson, Executive Vice President for Business Development & External Affairs at the Infectious Disease Research Institute. In part 2, which is the final segment of ...

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Beware of new trademark scam from Patent & Trademark Agency LLC from www.erikpelton.com

A client recently forwarded me the document below that they received in the mail regarding their trademark. While the service may not be a complete scam – presuming they do file maintenance documents necessary to ensure ...

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Changing labor market from www.athenaalliance.org

Sebastian Mallaby has an interesting piece in the FT - "The US labour market doesn't work"A quarter of a century ago, the US workforce was a wonder. Laid off in one corner of the ...

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Patent Damages – Fudging the Numbers? from tacticalip.com

TweetIt comes as a surprise to nobody that adversaries in litigation disagree over nearly everything they can come up with contrary positions for.  Along with infringement and invalidity, the...

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Plagiarism: the "I'm too important" defense from ipbiz.blogspot.com

A post by Marisa Guthrie on the Fareed Zakaria plagiarism matter ends with the text:

Certainly others, including MSNBC contributor Mike Barnicle, historian Doris Kearns Goodwin and New York Times columnist Maureen Dowd have successfully ...

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Where Do You Start a Copyright Search? from intellogist.wordpress.com

Although Intellogist focuses on resources for patent searchers, we often explore search tools for other types of  intellectual property researchers. A few weeks ago, I gave a brief overview of how to search the USPTO ...

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Novartis Challenge To India Patent Law Put Off To 11 September from www.ip-watch.org

The Supreme Court of India today did not get to an agenda item involving a challenge to India's patent law by Swiss pharmaceutical company Novartis, and it is now scheduled to come up on ...

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Google Patent Adds “Find Prior Art” Tool from info.articleonepartners.com

Last week, Google announced the release of its new “Find Prior Art” feature to the Google Patents site. This nifty new tool is designed to help patent researchers find prior art in one simple click ...

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Transaction Entry System Patent Held Invalid for Failure to Claim Patentable Subject Matter from docketreport.blogspot.com

The court granted defendants' early summary judgment motion and found that plaintiff's transaction entry system patent was invalid for failing to claim patentable subject matter. "[T]he court finds that the abstract nature of ...

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Denver, Dallas-Fort Worth, and San Jose Patent Offices Hiring Judges for BPAI from www.717madisonplace.com

The PTO is already starting the hiring process for administrative patent law judges for its new Denver, Dallas-Ft. Worth, and San Jose offices.  You can see the job listings here: [Denver], [Dallas - Fort Worth], and ...

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How Trivial is 'Kajra Re' and can Vasundhra Das' Life Help Indian Copyright Law Progress? from spicyipindia.blogspot.com

In my previous post I examined the possibility of using the maxim of de minimis non curat lex (which translates to the law will not resolve petty or unimportant disputes) in the context of Indian ...

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Bard Peripheral Vascular, Inc. v. Gore & Assoc.: Federal Circuit Finds the Objective Reckless Prong of the Seagate Willful Infringement Test to be a Matter of Law from www.lawupdates.com

By Tom Zuber and Jeff Zuber || The Federal Circuit recently changed the analysis of willful infringement, making the first prong of objective recklessness from a matter of fact to a matter of law. In Bard ...

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Colourful Rubik’s Cube description leaves public ‘confused’ and ‘scratching their heads’: EU Court of Justice from www.iposgoode.ca

“Six surfaces being geometrically arranged in three pairs of parallel surfaces, with each pair being arranged perpendicularly to the other two pairs characterised by: (i) any two adjacent surfaces having different colours and (ii) each ...

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Site for Denver Patent Office Announced from www.717madisonplace.com

The Denver media is reporting that the Byron Rogers Federal Building has been selected as the site for the Denver Office of the USPTO. The site is located in downtown Denver at 19th and Stout ...

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CAFC on the rule against recapture from ipbiz.blogspot.com

As to the conclusion of Greenliant v. Xicor:

Here, Xicor is bound by the arguments it made during the prosecution of the ’585 patent, which clearly establish that it surrendered devices produced through the use ...

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CAFC interprets 35 USC 102(g)(2) in AMKOR TECHNOLOGY from ipbiz.blogspot.com

The relevant text:

Because nothing in the legislative history indicates that Congress attempted to abandon this court’s interpretation of the “made in this country” language of the pre-AIPA version of § 102(g) when it ...

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Genetic Marker Map of Sunflower Species Reported from www.patentdocs.org

By Kevin E. Noonan -- Long before DNA sequencing technology existed (indeed, long before Watson and Crick proposed that DNA was the genetic material and proposed a structural basis for its ability to be replicated), scientists ...

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