Patent & IP news for July 25, 2013

Thursday thingies from ipkitten.blogspot.com

Time for a Nice Notification. The IPKat's friends at the World Intellectual Property Organization have made him very happy by issuing a media release, Nice Notification No. 132, which bears the happy tidings that ...

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Will Italy have its online copyright enforcement regulation at last? from ipkitten.blogspot.com

"Good times for a change" was the opening line of an inspired 1980s iconic song by The Smiths. 
This Kat has thought of it not just because Please, please, please, let me get what I ...

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ICANN and the TLD jungle: when .amazon comes to a . from ipkitten.blogspot.com

In the Amazon jungle: a dot-kat Guest Kat Miri's Tuesday post ("ICANN: Amazon is also a Region", here) caught many an eye.  Apart from one puzzled and slightly careless reader who mistook the word ...

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In re Adler (Fed. Cir. 2013) from www.patentdocs.org

By Kevin E. Noonan -- Ever since the Supreme Court handed down its decision in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), both the U.S. Patent and Trademark Office and ...

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Federal Circuit Finds No Written Description Support For Novozymes Amylase Patent from www.pharmapatentsblog.com

In Novozymes A/S v. DuPont Nutrition Biosciences APS, the Federal Circuit determined that the Novozymes amylase patent at issue did not satisfy the written description requirement of 35 USC § 112, because the disclosure did ...

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Federal Circuit Finds No Written Description Support For Novozymes Amylase Patent from www.pharmapatentsblog.com

In Novozymes A/S v. DuPont Nutrition Biosciences APS, the Federal Circuit determined that the Novozymes amylase patent at issue did not satisfy the written description requirement of 35 USC § 112, because the disclosure did ...

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European Patent Organisation Not As Immune As We Thought! from ipkitten.blogspot.com

Merpel has been prowling the corridors of the EPO again, and (being a teleporting kitty) has also been padding around some other premises – particularly the Administrative Tribunal of the International Labour Organisation (ILO-AT) in Geneva ...

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Concerns Raised Over Potential Threat of Investment Agreements from www.ip-watch.org

Investor agreements, included in many bilateral investment treaties (BITs), are a source of growing concern for many national governments. These agreements essentially leave countries vulnerable to litigation by individual firms, rather than other countries, as ...

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WIPO General Assembly Left To Decide Future Work Of TK Committee from www.ip-watch.org

After three days of stocktaking, members of the World Intellectual Property Organization committee on genetic resources and traditional knowledge were unable to agree on a recommendation on the future work of the committee to the ...

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PTO Numbers – June 2013 from inventivestep.net

How has sequestration affected the PTO’s production?  It’s time to review PTO numbers again. The following is a comparison of the PTO’s numbers from June 2013 with March 2013 (at my last ...

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PTO Numbers – June 2013 from inventivestep.net

How has sequestration affected the PTO’s production?  It’s time to review PTO numbers again. The following is a comparison of the PTO’s numbers from June 2013 with March 2013 (at my last ...

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ALJ Shaw Sets Target Date In Certain Crawler Cranes (337-TA-887) from www.itcblog.com

Further to our July 15, 2013 post, on July 24, 2013, ALJ David P. Shaw issued Order No. 3 in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887). In the Order, ALJ Shaw set ...

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17 Year-Old Patent Causing Problems for Podcasters from www.iposgoode.ca

Is a podcast analogous to a cassette tape recording of a magazine article? Jim Logan of Personal Audio thinks that it is, and that it thereby infringes his patent. In 1996, Jim Logan received a ...

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Now the Nobel Prize winning community are pitching in – very poor Sledgehammer to crack a Nut proposal from www.tangible-ip.com

Is the expression “Sledgehammer to crack a Nut” used across the World? Or some variant of it? In Blighty (or the UK) it’s used to describe a solution to a problem that is somewhat ...

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A New Arrival in the IGF Family: the Dynamic Coalition on Network Neutrality from www.iposgoode.ca

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. Last week, the Secretariat of the United Nations’ Internet Governance Forum approved ...

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Google's reply brief completes briefing in Oracle's Android-Java copyright appeal from www.fosspatents.com

Today the public version of the fourth and final brief in the Oracle v. Google Android/Java copyright appeal became available: Google's reply brief concerning the smaller items with respect to which the district ...

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CAFC cites Ruschig, mentions blaze marks, in affirming PTAB on written description rejection in Bimeda case from ipbiz.blogspot.com

In the case IN RE BIMEDA RESEARCH & DEVELOPMENT LIMITED the Court of Appeals for the Federal Circuit [CAFC] affirmed PTAB.

From the case:


The Board affirmed the examiner’s rejection on two grounds. First, it ...

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PTAB reverses examiner in TANIGUCHI case from ipbiz.blogspot.com

The Board reversed the Examiner’s § 102(b) rejection in Ex parte TANIGUCHI

Schreiber is cited:


Although it is well established that claims directed to an apparatus must be distinguished from the prior art in ...

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Appellant loses in Ex parte STRZALKOWSKI from ipbiz.blogspot.com


From Ex parte STRZALKOWSKI


Of obviousness


As we noted in our Opinion, "[I]t is not necessary that the references be physically combinable to render obvious the invention under review." In re Sneed, 710 F ...

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Inventor’s Inconsistent Testimony Evidences Intent to Deceive from docketreport.blogspot.com

Following a bench trial, the court determined that plaintiff had engaged in inequitable conduct by deliberately withholding material prior art from its prosecution counsel and the PTO. "[T]he Court concludes, based on the content ...

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Papesch cited in Ex parte SIMPSON from ipbiz.blogspot.com


The appellant loes in Ex parte SIMPSON

Papesch is invoked:


The Appellants’ claim 1 requires that the indium attachment layer is sufficiently strong to keep the cylindrical target sections attached to the cylindrical backing tube ...

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"Official notice" issue in Ex parte Lee from ipbiz.blogspot.com


Official Notice comes up in Ex parte Lee


Statements articulating technical reasoning in support of combining references are not the kind of statements to which the MPEP Section on Official Notice is directed. Moreover, for ...

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Issue of availability of a reference in Re-exam appeal for US 7,840,678 from ipbiz.blogspot.com

from Ex Parte BROCADE COMMUNICATIONS SYSTEMS, INC.


Appellant contends that 3-DNS is not available as prior art because it “has not been established as being publicly available before the priority date of the ‘678 patent ...

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Third Circuit Revives “Exclusive Generic” Contract Claim from www.patentlyo.com

By Dennis Crouch Mylan Inc. v. SmithKline Beecham Corp., --- F.3d ----, 2013 WL 3780163 (3rd Cir. 2013) GSK holds a patent and FDA rights to market and sell AG paroxetine and it does so under ...

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Wind Turbine Case Not So Civil as Indictment Alleges Sinovel Conspiracy to Steal IP from www.greenpatentblog.com

The AMSC- Sinovel copyright and trade secret dispute involving wind turbine control systems has been big news (see, e.g., previous posts here, here, here and here), but legally speaking, mostly civil.  That changed recently ...

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"I'm not an intellectual property lawyer but..." from ipbiz.blogspot.com

A quote by Steven Strang related to possibly lifted text by Mitch Daniels, now Purdue prez.
Copyright infringement is more an IP thing than is plagiarism. One can plagiarize Shakespeare without exciting many IP lawyers ...

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BIO IPDx Symposium Highlights Uncertainty in Diagnostic Patenting from www.patentdocs.org

By James DeGiulio -- On July 22, BIO hosted the first IP and Diagnostics (IPDx) Symposium in Alexandria, Virginia, which was organized to open a dialogue regarding the latest developments in diagnostics and personalized medicine. The ...

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