Patent & IP news for November 26, 2013

Crispr patents: when palindromic repeats can cure all ills but still cause headaches from ipkitten.blogspot.com

From the CRISPR genome engineering
resources website: a glimpse of things to comeBeing such an industrious intellectual property law blogger, this Kat is conscious of the fact that most of the news he gleans ...

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Starbucks Defeated in Quest to Stop Sales of Charbucks Coffee from ipkitten.blogspot.com

This Kat enjoys her morning coffeeAs the weather gets colder - yesterday was 30 degrees Farenheit (-1C) in New York City - this Kat enjoys warming up with a piping hot Starbucks latte.  But Starbucks, caffeine ...

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Does Use of a Certification Mark Constitute an Express Warranty? from www.greenpatentblog.com

Unlike ordinary trademarks, which indicate the commercial source of a product, certification marks communicate to the consumer that the products to which they are affixed meet certain manufacturing or quality standards. One question that flows ...

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Examiner affirmed in Ex parte VAN LIESHOUT from ipbiz.blogspot.com

In Ex parte VAN LIESHOUT , the appellants won on written description but lost on obviousness.

As to non-functional descriptive material:


As a general proposition, merely reciting what data or information represents (e.g., “consistent service ...

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Judge denies Samsung motion to stay Apple's patent case, will hand down final judgment from www.fosspatents.com

As I mentioned in my previous post, this is largely (though not completely) a week off for me. That's why I'll keep this very short. While the retrial jury, which ultimately awarded Apple ...

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FDA Threatens Agency Action Against 23andMe Over Personal Genetic Testing from www.patentdocs.org

By Kevin E. Noonan -- As reported in Fierce Medical Devices by Damian Garde, the FDA has issued a Warning Letter to personal genomics company 23andMe, demanding that the company stop selling its Personal Genomic Services ...

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ABA Journal Announces 2013 Blawg 100 from www.patentdocs.org

Patent Docs Makes List for Second Year in a Row The ABA Journal has announced its annual list of the 100 best legal blogs -- or blawgs -- following a nomination process that began in July. The ...

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A closer look at whether to Stay, and whether to heed the Supreme Court from ipkitten.blogspot.com

Our beloved blogmeister posted a short report last week on the decision of the Court of Appeal in the IPCom/HTC case, concerning the guidance on whether patent infringement cases should be stayed in this ...

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Appellant wins in Ex parte Stout from ipbiz.blogspot.com

The appellant prevailed at the Board in Ex parte Stout

At issue were method claims such as


A method for forming a sharpened cutting tool, the method comprising:

grinding a cutting tip to form an ...

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PTAB addresses issue of amending to "consisting of" in written description context from ipbiz.blogspot.com

The issue in Ex parte Cohn:


The issue raised by this appeal is whether amending the claims to recite that the claimed assessment method consists of, rather than comprises, a specific set of tests introduced ...

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A claim element to "storing methanol" from ipbiz.blogspot.com


In Ex parte Olah, the rejection of the following claim was reversed:


1. A method of providing a strategic U.S. fuel reserve comprising storing methanol or dimethyl ether in appropriate storage facilities in a ...

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Scientific content of an article versus publication metrics from ipbiz.blogspot.com



from Opinion: Researching the Researchers


The NIH system for grant funding is a prime example of a process that has come in for strong criticism. Many argue that scientists tailor proposals to win grants rather ...

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International Organisations Launch Campaign Against Fake Medicines from www.ip-watch.org

Ten global health organisations today launched "Fight the Fakes," a global campaign against "fake" medicines, aimed at raising awareness about medicines - brand or generic - that are not what they claim to be. Meanwhile, a Swiss ...

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CAFC analyzes claim limitation "essentially free of"; Board confuses milligrams and micrograms! from ipbiz.blogspot.com

Within In re Eaton


In the present case, the Board’s affirmance—and the examiner’s rejections—turn on the meaning of the claim limitation “essentially free of antioxidants.” The parties dispute the construction of ...

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Medical R&D Projects Proposed By WHO Regions Show Diversity from www.ip-watch.org

The regions of the World Health Organization earlier this month submitted their proposals for projects to boost research and development of health technologies for diseases disproportionately affecting developing countries and lacking a market incentive. A ...

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Copyright Protection of Architectural Works from www.lotempiolaw.com

The most recent news in architectural copyrights comes from a the Milwaukee Federal District Court case Design Basics, LLC v. Midwet Homes, Inc.. In this case the plaintiff, Design Basic, asserts Midwestern has violated Design ...

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US Supreme Court Questions America’s Power To Carry Out Treaties from www.ip-watch.org

On 5 November, the United States Supreme Court heard oral arguments in a case that could undermine America’s ability to carry out its treaty obligations. The case casts a shadow over the country’s ...

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I Heart… Everything? Google Patents Heart Gesture to Indicate Importance on Social Networks from www.iposgoode.ca

On a crisp fall day, you notice the perfect maple leaf lying on the pavement. You know that you have to share this with the world, but how will you let others know how great ...

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ALJ Essex Grants-In-Part Motion To Compel In Certain Omega-3 Extracts From Marine Or Aquatic Biomass (337-TA-877) from www.itcblog.com

On November 22, 2013, ALJ Theodore R. Essex issued the public version of Order No. 32 (dated November 13, 2013) in Certain Omega-3 Extracts from Marine or Aquatic Biomass and Products Containing the Same (Inv ...

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