One Year Anniversary of Patent Reform: Two Reasons Why it is Un-Constitutional from hallingblog.com A year ago the pork laden so called Patent Reform bill known as the America Invents Act (AIA) was enacted. First to File Provision: Article 1, Section 8, Clause 8 of the Constitution states: To ...
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Copyright Rules, 2012 from spicyipindia.blogspot.com In the past, we have extensively covered the
amendments to the Indian Copyright Act by way of the 2012 amendment that was recently notified by the Government. Now, the draft
Copyright Rules, 2012 have been ...
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Understanding Intellectual Property Law Seminar for In-House Counsel and Non-IP Lawyers from www.iptrademarkattorney.com I have the pleasure of speaking – along with an esteemed panel – at Bridgeport Continuing Education’s intellectual property law seminar on September 27, 2012 in Los Angeles. The seminar is titled “Understanding Intellectual Property Law ...
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Clean Tech in Court: Green Patent Complaint Update from www.greenpatentblog.com A number of green patent complaints have been filed in the last several weeks in the areas of biofuels, LEDs, and solar mounting systems. Biofuels Gevo, Inc. v. Butamax Advanced Biofuels LLC Butamax Advanced Biofuels ...
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New York City – a photo journal (Part two – retail and restaurants) from www.erikpelton.com On my recent trip to New York, I found many wonderful and creative names and logos. See my photos below. A few bland ones as well. I once wrote that Austin, Texas had the best ...
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AOP Clash: Online vs. Offline Searching from info.articleonepartners.com As you know, every Researcher has individualized methods of researching. This is partially due to the fact that everyone works in a different way. However, it is also partially because each person learns and retains ...
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Samsung wasn't allowed to compare Apple's damages claim to cost of Curiosity Mars rover from www.fosspatents.com Samsung is pretty much in "appeals mode" against Apple and just filed with the court a variety of exhibits and slides that Judge Lucy Koh had excluded from the Apple v. Samsung trial. I guess ...
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Madras High Court declines to grant interim injunction in trademark dispute between Google Ad-words and matrimonial portals from spicyipindia.blogspot.com In a judgment dated 10th of September, 2012 a Division Bench of the Madras High Court declined to set aside the judgment dated 30th September, 2010, of a Single Judge of the same court, declining ...
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More IPR Filings on Day 2 from www.reexamlink.com If you are monitoring adoption of post-issuance filings you may have noticed that five more IPR filings were filed on the second day of operation of the PTAB trials portal pursuant to the new IPR ...
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Federal Circuit Requires Specific Intent To Deceive For Inequitable Conduct from www.pharmapatentsblog.com In 1st Media, LLC v. Electronic Arts, Inc., the Federal Circuit reversed the district court’s finding that the patent at issue was unenforceable due to inequitable conduct, “[because the record contains no evidence of ...
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Copyright Issues on the Legislative Agenda for 2012-2013 from www.ipwatchdog.com Though they are unlikely to take center stage during the truncated session before elections or the post-election lame duck session, lawmakers will have to contend with several key copyright issues during the 113th Congress. Thus ...
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India: Balancing Public And Private Interests In The Intellectual Property Regime from www.ip-watch.org NEW DELHI - In this month, there have been two court orders in India that underscore the complexities underlying the country’s intellectual property regime. Last Friday (14 September), the Chennai-based Intellectual Property Appellate Board (IPAB ...
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Entrepreneur’s Base Camp Scheduled for September 29 from ipspotlight.com Are you a new entrepreneur, an early stage company leader, or someone who wants to learn more about starting or leading a business? If so, and if you are located in Western Pennsylvania, West Virginia ...
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No more Pennies; No more Royalties from www.iposgoode.ca Musician David Gunning’s new album entitled “No More Pennies” features images of the Canadian penny as part of its album art. The album features a picture of a young man with a pile of ...
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Alleged Copyright Infringement by Patent Prosecutors from www.patentlyo.com By Dennis Crouch American Institute of Physics and John Wiley & Sons v. Schwegman Ludberg (D.Minn) Publishers John Wiley & Sons and American Institute of Physics have asked the Minnesota District Court for leave to amend ...
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Bell Shooting for the Stars: CRTC Holds Hearing on the Purchase of Astral Media from www.iposgoode.ca In a time where the price for cable TV and Internet subscriptions seem to be ever-increasing, a bid for Astral Media Inc. by Bell Canda Enterprises Inc. (BCE) in March, 2012 for $3.38 billion ...
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MTV, Jersey Shore, and reinvention from ipbiz.blogspot.com Chris Linn of MTV on Jersey Shore:
The show continues to do incredibly well in the ratings. Even in its last season it was the No. 1 show in 12-34 each week. We didn't ... Share via E–mail | Twitter | Facebook
Post Grant and Inter Partes Reviews Now Being Filed from www.patentlyo.com 48–hours after opening its doors, the Patent Trial & Appeal Board has new business. According to the USPTO, ten new requests for inter partes reviews have been filed in the first two days as well ...
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CAFC finds fault with decision of Judge Robinson of D. Del. from ipbiz.blogspot.com In the case
Medtronic v. Boston Scientific , the CAFC vacated a decision by Judge Sue Robinson of D. Delaware:
The district court entered judgment of noninfringement in favor of Medtronic and judgment of validity and ... Share via E–mail | Twitter | Facebook
PTAB Submissions Have Commenced from www.uspto.gov I thought I'd write to observe the occasion of the first submissions to our new Patent Trial and Appeal Board (PTAB) through their new IT system called Patent Review Processing System (PRPS).
We've ...
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Harvard’s US OncoMouse Patents are All Expired (For the Time Being) from www.patentlyo.com By Dennis Crouch Harvard College v. Kappos, 12-cv-1034 (E.D.Va. 2012) Harvard's patented OncoMouse has been a bestseller for cancer research here in the US. Two Harvard researchers took an available laboratory mouse ...
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Declaratory Judgment Burdens from gordononpatentcases.blogspot.com Medtronic v. Boston Scientific- "The substantive burden of proof normally does not shift simply because the party seeking relief is a counterclaiming defendant in a declaratory judgment action."
- "[T]his court holds that in the ...
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Cease & Desist Letter Lacking Charge of Infringement did not Create Substantial Controversy Sufficient for Declaratory Relief Claim from docketreport.blogspot.com The court granted defendants' motion to dismiss plaintiffs' declaratory relief action for lack of an actual case or controversy after defendant's letters asked plaintiff to refrain from encouraging the use of the patent-in-suit's ...
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China’s SAIC Minister Zhou Visits USPTO from www.uspto.gov On Sept 10, 2012 the USPTO was privileged to host Minister Zhou Bohua and his senior delegation from the State Administrative for Industry and Commerce of China (SAIC) of the People’s Republic of China ...
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In re Perricone: BPAI cites In re Best from ipbiz.blogspot.com As to
an appeal by Nicholas Perricone to the BPAI, the bottom line: The cited references support the Examiner‟s anticipation and obviousness rejections.
From within the decision:
Where . . . the claimed and prior art products ... Share via E–mail | Twitter | Facebook
"Teaching away" in In re Baker from ipbiz.blogspot.com From the BPAI decision of
In re Baker“‘A reference may be said to teach away when a person of ordinary skill, upon reading the reference, would be discouraged from following the path set out ... Share via E–mail | Twitter | Facebook
Obviousness undone: no requisite reason from ipbiz.blogspot.com Back in March 2012, IPBiz critiqued an episode of CSI for its assertions about molten pyrite. Flash forward to September 2012, and we have a BPAI decision related to a patent application on laying down ...
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Hope To Advance Industrial Design Treaty At WIPO Meets Reluctance From Developing Countries from www.ip-watch.org World Intellectual Property Organization Director General Francis Gurry set the tone at the 18 September opening of a WIPO committee on industrial designs, calling on countries to keep the treaty-signing momentum built up last June ...
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How can the America Invents Act give your patent searches an edge? from intellogist.wordpress.com As most of our audience knows, certain provisions of the recent legislation known as the America Invents Act (hereafter “AIA”) are about to go into effect. To educate patent practitioners about the upcoming changes, the ...
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Double Standard from www.patenthawk.com 37 CFR 1.56 requires a "duty to disclose information material to patentability," but the CAFC won't uphold it. "[T]his court has now made clear that "[t]o prevail on a claim of ...
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U.S. Cong. Research Service Wants Some Patent Holders to “PAE” from ipcloseup.wordpress.com Flawed IP Report Attempts to Legitimize Assertion Label If the Congressional Research Service’s distorted findings on the impact of patent holders are not bad enough, it is promoting a new, nastier and arguably less ...
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Patchwriting from ipbiz.blogspot.com From Kelly McBride at Poynter:
Patchwriting is often a failed attempt at paraphrasing, Howard said. Rather than copying a statement word for word, the writer is rearranging phrases and changing tenses, but is relying too ... Share via E–mail | Twitter | Facebook
Zoltek Corp. v. United States: Federal Circuit Revisits Case, Allows Process Patent Claim Against United States from www.lawupdates.com By Tom Zuber and Jeff Zuber || The Federal Circuit recently reinterpreted its own holdings to allow process patent holders to sue the United States when part of the process occurs in a foreign country. In ...
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PTAB PRPS Day Three Filings: 2 IPRs and 1 CBM from www.reexamlink.com The PTAB Patent Review Processing System (PRPS) showed postings of 3 more petitions today. One was an IPR Petitioned by Microsoft against U.S. Pat. 6,757,717, relating to a system for data access ...
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BPAI affirms anticipation based on reasoning that performing action on whole imlies peforming action on all parts from allthingspros.blogspot.com Takeaway: In a reexamination appeal, the BPAI considered the Patentee's arguments that a reference did not disclose "monitoring the operating system for an event". The Board first found that the reference taught monitoring a ...
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