Patents

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  • EPO - Patent Information News

    Bing: patent news
    15 May 2012 | 5:46 am
    Patent Information News - access to the legal texts, official periodicals, books, brochures, newsletters, reports and studies published by the EPO.

  • USPTO To Implement Pilot Program For Considering Information Disclosure Statements Filed in Allowed Cases

    patentability
    Brian Fletcher
    10 May 2012 | 8:45 am
    More good news from the United States Patent and Trademark Office (USPTO).  The USPTO will implement a pilot program, Quick Path IDS (QPIDS), for considering Information Disclosure Statements (IDS) filed in allowed cases that have not yet issued.  The QPIDS pilot program will run from May 16, 2012 to September 30, 2012.  The purpose of the pilot is to eliminate, or at least reduce, the need for filing a Request for Continued Examination (RCE) after allowance in order to have an IDS considered. Examiners will be authorized non-production time to consider IDSs for these applications, both…

  • The Patent Family Tree tool (PFTT)

    Patent Intelligence
    vinodksingh
    14 May 2012 | 4:26 am
    The Patent Family Tree tool (PFTT) is used to generate patent family trees for given patents. Given a patent #, …Continue reading »

  • Microsoft Versus Education

    Techrights
    Dr. Roy Schestowitz
    14 May 2012 | 11:10 am
    Summary: A bit of news/commentary on Microsoft in education (indoctrination) SEVERAL YEARS ago we wrote a great deal about BECTA, which was responsible for making the next generation of British adults just a bunch of Microsoft robots. Outside the UK we confront a similar type of situation. Particular government officials decide to teach children Microsoft, not computing. Bill Gates contributes towards this catastrophe, but he hides his tracks better. In this new post, Shane asks, “[h]as Microsoft ruined computer education?” I have noticed that as the years have gone by there are…

  • Image processing apparatus, image processing method, and storage medium

    FreshPatents.com: Image analysis - USPTO Class 382 Patent Applications Update
    14 May 2012 | 3:33 pm
    An image processing apparatus determines an attribute of a block image based on the attribute of the block image determined based on a color distribution characteristic amount of the block image and the attribute of the block image determined based on an edge characteristic amount of the block image....
 
 
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    Techrights

  • Links 15/5/2012: Linux 3.4 is Near, Mandriva to Have More Releases

    Dr. Roy Schestowitz
    15 May 2012 | 9:20 am
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux The Linux Setup – Scott Merrill, Systems Engineer/Tech Writer Scott came to my attention when I saw a great interview he did with Linus Torvalds for TechCrunch. I was very excited Scott agreed to share his setup, and as you read it, you’ll see some sharp commentary. Like Scott, I find myself doing less and less customization. Scott attributes it to the work it takes to restore personalizations, but I wonder if it’s because interfaces like Unity and GNOME 3 are getting better and because…

  • Links – TPP Meeting Infiltrated, More Protest Needed.

    Guest Editorial Team
    14 May 2012 | 5:50 pm
    Reader’s Picks Will “8″ Fly or is it Cripple-ware? Non free software is always cripple/mal/spyware. Science Emotion Can Shut Down High-Level Mental Processes Without Our Knowledge, in Our Native Language The psychologists made this discovery by asking English-speaking Chinese people whether word pairs were related in meaning. Some of the word pairs were related in their Chinese translations. Although not consciously acknowledging a relation, measurements of electrical activity in the brain revealed that the bilingual participants were unconsciously translating the words. However,…

  • Europe Rules Against Monopolies on APIs

    Dr. Roy Schestowitz
    14 May 2012 | 11:22 am
    Summary: The case against Android notwithstanding, the highest European court rules that APIs cannot be covered by copyrights WHILE developing for Android, one must get accustomed to API changes and harness the subtle differences between Android versions, not just different device types with a wide variety of hardware specifications. But the API is what unifies everything and enables many programs to run on many devices, bringing value (and users) to the platform. Oracle, headed by a close friend of Apple’s spiritual leader, decided not only to attack Android with software patents but…

  • Microsoft Versus Education

    Dr. Roy Schestowitz
    14 May 2012 | 11:10 am
    Summary: A bit of news/commentary on Microsoft in education (indoctrination) SEVERAL YEARS ago we wrote a great deal about BECTA, which was responsible for making the next generation of British adults just a bunch of Microsoft robots. Outside the UK we confront a similar type of situation. Particular government officials decide to teach children Microsoft, not computing. Bill Gates contributes towards this catastrophe, but he hides his tracks better. In this new post, Shane asks, “[h]as Microsoft ruined computer education?” I have noticed that as the years have gone by there are…

  • Patents Are Never ‘Open Source’

    Dr. Roy Schestowitz
    14 May 2012 | 11:03 am
    Summary: The disinformation tactic which ascribes patents to FOSS as seen in the news When Facebook got sued by Yahoo some called it an “open source” patent war, which makes no sense. After all, both companies are in Microsoft’s pocket and other than lip service they give almost nothing to Open Source these days. Nevertheless, as one writer puts it: Yahoo! said it believes 16 patents held by the Internet giant have been used in Facebook’s data centers and servers, according to a regulatory filing made by Facebook. The social media company alerted the market of its share…
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    Biocompare Patent News

  • Excelsior Medical Announces Issuance Of U.S. Patent

    16 May 2012 | 2:07 am
    Excelsior Medical Corporation announced that the United States Patent and Trademark Office (USPTO) has issued new US Patent No. 8,167,847 to the company. The patent relates to an antiseptic cap and antiseptic cap equipped plunger and syringe barrel assembly.

  • Nitto Denko Obtains US Patent For Antifibrotic Therapies With Molecular Targeting DDS Technology

    11 May 2012 | 4:50 am
    Japan's leading diversified materials manufacturer, Nitto Denko Corporation (TOKYO:6988)(ISIN:JP3684000007), today announced that a basic patent regarding the company's epoch-making antifibrotic therapy has been successfully registered in the USA. Nitto Denko has been developing antifibrotic drugs in collaboration with Professor Yoshiro Niitsu at Sapporo Medical University since 2008, and has already been granted this patent in Japan, China and Australia.

  • DURECT Announces Issuance Of U.S. Patents Covering ORADUR® Technology

    7 May 2012 | 12:22 am
    DURECT Corporation today announced the issuance of four patents by the United States Patent and Trademark Office (USPTO) covering DURECT's ORADUR technology. These patents provide additional intellectual property protection for REMOXY (oxycodone) Extended-Release Capsules CII and other ORADUR-based opioids until at least 2025. REMOXY, based on DURECT's ORADUR technology, is an investigational drug that is a unique, controlled release formulation of oxycodone for moderate-to-severe chronic pain designed to reduce potential risks of unintended use.

  • Biodel's Intellectual Property Position Strengthened For Ultra-Rapid-Acting Insulin Programs By Notice Of Intent To Grant From European Patent Office

    3 May 2012 | 12:04 am
    Biodel Inc. announced today that it has received a notice of allowance from the European Patent Office for patent claims covering Biodel's ultra-rapid-acting insulin formulations intended for the treatment of patients with diabetes. The allowed claims cover formulations containing insulin or an insulin analog as an active agent, in which hexameric insulin dissociates to monomeric or dimeric forms. The formulations are in different forms for subcutaneous or sublingual delivery. Method claims cover use of these formulations to treat patients with Type 1 or Type 2 diabetes by subcutaneous or…

  • How Will The US Biotechnology Industry Benefit From New Patent Laws?

    2 May 2012 | 12:46 pm
    New Rochelle, NY, May 1, 2012-Passage of the America Invents Act into law led to the most dramatic changes in the U.S. patent system in 60 years. These reforms will have a significant impact on technology innovators such as biotechnology-based businesses, as detailed in two articles in Industrial Biotechnology, a peer-reviewed journal from Mary Ann Liebert, Inc. The articles are available free online on the Industrial Biotechnology website.
 
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    Anticipate This!™ | Patent and Trademark Law Blog

  • They Invented What? (No. 214)

    Jake Ward
    25 Apr 2012 | 8:21 am
    U.S. Patent No. 5,727,565: Kissing shield. What is claimed is: 1. An apparatus for preventing the exchange of microorganisms between two persons engaged in the act of kissing, the apparatus comprising: a frame so dimensioned as to outline the mouth of a person, wherein the frame is a loop formed into a heart shade such that each lobe of the heart shape outlines a corresponding cheek area of the two persons kissing, the noses of the two persons kissing are positioned between the lobes of the heart shape, and the point of the heart shape extends below the chins of the two persons kissing; a…

  • CNNMoney Article – Holy &%$! Inventions.

    Jake Ward
    26 Mar 2012 | 11:55 am
    Interesting article at CNNMoney today, on the topic of transformative technologies - http://money.cnn.com/galleries/2012/technology/1203/gallery.wild-inventions/index.html .  Enjoy! Filed under: General Commentary

  • They Invented What? (No. 213)

    Jake Ward
    8 Mar 2012 | 8:44 pm
    U.S. Pat. No. 7,246,054: Discrete event simulation system and method. JW Note:  Many thanks to Patrick Anderson at the Gametime IP blog for bringing this one to our attention.  Patrick opines that, although the patent uses very serious language, the crux of the claims deal with time travel in a simulation to avoid violating a causality constraint.  Enjoy! What is claimed is: 1. A method of performing a simulation using a plurality of processing entities, each of the plurality of processing entities maintaining a respective one of a plurality of queues, each of the plurality of queues…

  • They Invented What? (No. 212)

    Jake Ward
    27 Jan 2012 | 8:29 am
    U.S. Pat. No. 5,749,324: Apparatus and method for controlling animal behavior. JW Note:  The adventures of Pookie, the patent drawing dog.  Many thanks to Jason Wilson for bringing this one to our attention! What is claimed is: 1. An apparatus for controlling the behavior of an animal comprising: a sound-processing means for processing one or more specific sound vocalizations produced by said animal distinctly related to the emotional state of said animal, such as whimpering, barking, purring, growling, yawning or other animal vocalization; said sound processing means differentiating…

  • USPTO Announces Location for Elijah J. McCoy Satellite Office in Detroit, MI.

    Jake Ward
    11 Jan 2012 | 11:24 am
    Per a press release from the U.S. Patent Office earlier today. USPTO Announces Location for Elijah J. McCoy Satellite Office in Detroit Riverfront office space confirmed; Agency targets July 2012 opening WASHINGTON—The United States Patent and Trademark Office (USPTO) announced on Jan. 11, 2012 that it has concluded a five-year lease agreement through the U.S. General Services Administration’s (GSA) Great Lakes Region for a 31,000 square foot space to be located at 300 River Place Dr. in Detroit, Michigan 48207. The building, listed on the National Historic Registry, was the former…
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    The IPKat

  • Wednesday whimsies I

    16 May 2012 | 4:29 am
    Dogs, bears -- and cats: a word from the Wyse. The IPKat raised this question on Monday when considering the relative positions of PUDSEY BEAR (already registered in the UK) and Pudsey the dancing dog (for which a claim to trade mark protection has been asserted). He has now received the following considered response from Dr Joseph I. Wyse (a patent attorney and partner in the firm of Dr. Eyal Bressler Ltd). Says Doctor Joe: "Dogs and bears are conceptually similar to someone or something, although the degree of relatedness is a vexing taxonomical question. Wiki Answers puts the case most…

  • AstraZeneca fine looks fine, says AG Mazák

    15 May 2012 | 5:12 pm
    Of the major news sources, only Reuters and Bloomberg took the trouble to post any news concerning the Advocate General Jan Mazk's Opinion today that the 52.5 million euro (£41.8 million) fine which the European Commission imposed on AstraZeneca for misleading patent regulators more than a decade ago in a bid to block competition to its ulcer drug Losec. There wasn't even a Curia press release. The Commission's fine was upheld by the General Court in July 2010 in a 920-paragraph blockbuster, Case T-321/05, noted by the IPKat here. According to the Reuters report "The AstraZeneca case…

  • Katonomics 17: IP, incentives and growth

    14 May 2012 | 5:39 pm
    It is simply not possible, from the portrait on her website, to know the size of Doctor Nicola Searle, resident Katonomist of this Cyber-Parish. However, her first subject this week is growth -- something which both humans and felines generally experience without the need for any incentives (this week's second subject). The economics of incentive-led growth (or is it the growth of incentive-led economics?) sounds like the sort of thing that gets written into the first couple of sentences of every a Ministerial speech on the value of intellectual property, so it's good for readers of this…

  • Monday Miscellany II

    14 May 2012 | 10:38 am
    Cats and cafes ...  Visitors to one of Vienna's newest cafes have more than just other customers to beat to a good seat, as the venue is a home from home for five cats. Cafe Neko is the brainchild of Takako Ishimitsu, a Japanese woman who moved to Vienna 20 years ago. A katpat goes to the esteemed and excellent Estelle Derclaye for the link on this topic to the BBC. A further katpat will go to whoever drafts the best claim for a United States business method patent for the purpose of protecting the five-cat-cafe formula against competition. Pudsey: great supportfor Children in Need Gone…

  • Monday miscellany I

    14 May 2012 | 4:27 am
    Back from his trip to the International Trademark Association's Meeting last week in Washington DC, this Kat is wasting no time bringing readers back up to speed after what seems like an absolute age without his regular update posts. He had hoped to do plenty of reporting on the event while he was out there, but couldn't get his hotel wifi to work. Just before he left DC he discovered why: it wasn't the fault of his trusty notebook after all, but it turned out that the local workmen had severed the cable to his hotel with their earth-digging equipment. Can the Kat have hiscamera back, please?
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    Patent Baristas

  • National Bioeconomy Blueprint 2012

    Stephen Jenei
    30 Apr 2012 | 3:48 pm
    “The world is shifting to an innovation economy and nobody does innovation better than America. ” —President Obama, December 6, 2011 On September 16, 2011, President Obama announced that his Administration would release a National Bioeconomy Blueprint as part of his commitment to supporting scientific discovery and technological breakthroughs to ensure sustainable economic growth, improve the health of the population, and move toward a clean energy future. The 2012 National Bioeconomy Blueprint has two purposes: to lay out strategic objectives that will help realize the full potential…

  • World Intellectual Property Day 2012: Visionary Innovators

    Stephen Jenei
    26 Apr 2012 | 8:07 am
    “Behind many extraordinary innovations there are extraordinary human stories.” ~Francis Gurry, Director General of WIPO On April 26, 2012, WIPO celebrates World Intellectual Property Day.  The theme of World IP Day this year is “Visionary Innovators”.  Behind every great innovation, either artistic or technological, is a human story – a tale in which new pathways open as a result of the curiosity, insight or determination of individuals. The Wright Brothers’ boyhood fascination with flight leads to a flying machine and travel by air. Louis Pasteur’s inquisitive mind…

  • Book Review Monday: Fun IP

    Stephen Jenei
    23 Apr 2012 | 6:58 am
    A genius transforms the world by expanding the frontiers of intellect. Intellectual property nurtures genius by protecting products of the mind and intellect for the benefit of society.  ~ Dr. Kalyan Kankanala Dr. Kalyan C. Kankanala, the founder of SiNApSE Blog and a leading IP expert in India, has published a short e-book entitled, FUN IP, the Fundamentals of Intellectual Property After giving an overview of the basic concepts, it expounds various contemporary issues and debates around the concepts. Important IP principles have been explained in the book with simple examples and case…

  • Smart People Shunning Law School. Bad News For Future Recruiting?

    Stephen Jenei
    11 Apr 2012 | 6:15 pm
    As reported in the Atlantic, applicants to law school are down 15.6 percent for the year. Bigger problem? The wrong students may have stopped applying. The smallest drop in applications (4.3%) was among test takers who scored below a 144. Meanwhile, applicants in the 170-174 range are down by more than 20 percent. The Law School Admission Council released figures on the one-year drop in applicants at ABA-accredited schools based on numbers collected through the end of March. Best quote: “So, the smart kids got the memo.  Law school is largely a losing game, and they’re not going to…

  • NPE Litigation: A Guide to Claims & Litigation Brought by Patent Trolls

    Stephen Jenei
    11 Apr 2012 | 5:56 pm
    What: Known by many names within the industry – non-practicing entity (NPE), patent assertion entity (PAE) and most infamously as “patent trolls” – NPEs over the past few years have single-handedly spawned a sub-specialty of patent litigation.  It’s certainly big business.  It’s estimated that the average patent suit involving NPEs results in $122 million in lost wealth for the defendant,  not to mention the millions of dollars often spent in litigation costs, lost work hours and time-consuming negotiations. Offered as a one-day event to minimize time spent out…
 
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    Patent Docs

  • USPTO Seeks Comments on New Sequence Listing Standard

    Patent Docs
    15 May 2012 | 11:37 pm
    By Donald Zuhn -- The U.S. Patent and Trademark Office published a notice published in today's Federal Register (77 Fed. Reg. 28541) seeking comments regarding an international effort to revise the standard for Sequence Listing submissions. The new standard -- proposed WIPO ST.26 -- would require that Sequence Listings be submitted in extensible mark-up language (XML) format, which the Office indicated would more closely align the requirements of the Sequence Listing standard with those of public sequence database providers. Currently, Sequence Listings must be submitted in accordance with…

  • In re Montgomery (Fed. Cir. 2012)

    Patent Docs
    14 May 2012 | 11:59 pm
    By Kevin E. Noonan -- In an otherwise unremarkable case of a PTO rejection based on anticipation, Judges Dyk and Lourie engaged in an interesting colloquy on the proper interpretation of what constitutes inherent anticipation, in In re Montgomery. The case involved claims to methods for "treating or preventing" stroke, using "renin-angiotensin system (RAS)" inhibitors, specifically ramipril. The claims at issue included the following: 42. A method for the treatment or prevention of stroke or its recurrence, wherein said method comprises administering, to a patient diagnosed as in need of such…

  • Court Report

    Patent Docs
    13 May 2012 | 10:47 pm
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Esoterix Genetic Laboratories, LLC v. Life Technologies Corp. et al. 1:12-cv-00411; filed April 26, 2012 in the Middle District of North Carolina • Plaintiff: Esoterix Genetic Laboratories, LLC • Defendants: Life Technologies Corp.; Applied Biosystems, LLC; Ion Torrent Systems, Inc. Infringement of U.S. Patent Nos. 5,670,325 ("Method for the Detection of Clonal Populations of Transformed Cells in a Genomically Heterogeneous Cellular Sample," issued September 23, 1997),…

  • Conference & CLE Calendar

    Patent Docs
    13 May 2012 | 10:31 pm
    May 15, 2012 - FDA's New Biosimilar Guidances (Law Seminars International) - 3:00 - 4:00 pm (Eastern) May 16, 2012 - Patent-Eligible Subject Matter after Mayo v. Prometheus: Exploring the Path Forward (George Washington University Law School and Biotechnology Industry Organization) - Washington, DC May 16-18, 2012 - Fundamentals of Patent Prosecution 2012: A Boot Camp for Claim Drafting & Amendment Writing (Practising Law Institute) - Chicago, IL May 21, 2012 - Patent Institutions Summit (Stanford Program in Law, Science & Technology and the Berkeley Center for Law & Technology) -…

  • Chisum Patent Academy Intensive Patent Law Seminar

    Patent Docs
    11 May 2012 | 11:13 pm
    The Chisum Patent Academy will be offering its next Intensive Patent Law Seminar from July 30 to August 1, 2012 in Seattle, WA. The three-day seminar will focus on recent and important legislative and case law developments in U.S. patent law, including the American Invents Act of 2011, patent-eligible subject matter in the wake of Mayo v. Prometheus, post-KSR nonobviousness decisions, Therasense and the future of inequitable conduct, and the Federal Circuit's ongoing schism over patent claim construction. The seminar is co-taught by Donald Chisum, author of the treatise Chisum on Patents…
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    Patent Law Blog (Patently-O)

  • Patently-O Bits & Bytes by Lawrence Higgins

    Lawrence Higgins
    13 May 2012 | 6:46 pm
    Freedom of Speech and Facebook Technology is forever changing, and with technological change there is also legal change. In a recent Virginia District Court case, the judge decided that liking a Facebook page is not protected speech. The judge stated that, "It is the court's conclusion that merely 'liking' a Facebook page is insufficient speech to merit constitutional protection. In cases where courts have found that constitutional speech protections extended to Facebook posts, actual statements existed in the record." I would like to think that if I like a page or a…

  • In Memorium Best Mode

    Rantanen
    11 May 2012 | 9:14 am
    By Jason Rantanen When Congress passed the America Invents Act and President Obama signed it into law, courts were stripped of the power to declare patents either invalid or unenforceable for failure to disclose a best mode.  While it is true that amended section 112 of Title 35 still technically "requires" patent applicants to disclose a best mode if they know of one, courts will no longer enforce the requirement. For all practical purposes, the requirement that a patent applicant disclose a best mode is effectively dead. Yet, perhaps in moving to eliminate the best mode…

  • Judge Wallach and Claim Construction

    Rantanen
    9 May 2012 | 4:45 pm
    By Jason Rantanen Chicago Board Options Exchange, Inc. v. International Securities Exchange, LLC (Fed. Cir. 2012) Download 11-1267-1298Panel: Rader, Wallach (author) and Fogel If my own conversations are any indicator, many people who follow the Federal Circuit's claim construction jurisprudence have developed strong opinions about the longstanding members of the court.  More of an unsolved puzzle are the more recent appointees.  In Chicago Board Options Exchange, we get a glimpse into the newest member of the court's thoughts on claim construction in his debut patent law…

  • The USPTO Patent Backlogs: Falling and Rising

    Dennis Crouch
    9 May 2012 | 1:24 pm
    By Dennis Crouch Under Director Kappos' tenure, the USPTO has focused on reducing the backlog of unexamined cases. That approach has been quite successful. The table below shows a 10% reduction in the backlog of unexamined cases over the past year. As you might expect, those cases do not disappear. Rather, the bolus is being pushed down the line toward eventual issuance or abandonment. Thus, as the number of unexamined cases drops, the RCE backlog and BPAI backlog continue to grow. I suspect that we'll eventually think of these cases as the "baby boom" of patents. In this study, unexamined…

  • Princeton Event: Patent Success or Failure? The America Invents Act and Beyond

    Dennis Crouch
    9 May 2012 | 11:15 am
    by Dennis Crouch When listed as a potential survey response, Princeton University School of Law regularly ranks as a top-ten law school.  Although Princeton actually has no law school, the Ivy League university does have a set of world class thinkers in areas of public policy, political science, and political economics. Several years after I graduated from Princeton's School of Engineering, the University founded its Center for Information Technology Policy (CITP) with Professor Ed Felton as its leader. On Friday, May 11, 2012 I'll be returning to by alma mater for a CITP…
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    The Invent Blog

  • Patent claim term glossaries

    Stephen M. Nipper
    25 Apr 2012 | 10:51 am
    Useful post: Free Patent Claim Term Glossaries

  • Another upcoming seminar

    Stephen M. Nipper
    30 Mar 2012 | 10:13 am
    Ron Slusky is again offering his two-day, CLE-accredited Invention Analysis and Claiming Seminar in Chicago on May 21-22, 2012. The seminar is based on his ABA-published book Invention Analysis and Claiming: A Patent Lawyer’s Guide. More information: www.sluskyseminars.com

  • Patent Ethics MCLE on “Ethics issues with US patent and PCT powers of attorney”

    Stephen M. Nipper
    29 Mar 2012 | 3:09 pm
    Via Carl Oppedahl: Need a few ethics CLE credits? Tired of having to get your ethics CLE credits by listening to or attending programs on subjects that have nothing to do with what you actually do for a living, which is intellectual property law? Well, here is one ethics CLE credit that relates to patents. MCLE: Ethics issues with US patent and PCT powers of attorney

  • Using Windows Calculator with dates

    Stephen M. Nipper
    12 Mar 2012 | 1:29 pm
    How in the world did I not know this? If you have the Windows Calculator program running [in Windows Vista, 7 or later], and press “Control +E,” it gives you the ability to calculate the difference between two dates. [Via: Reddit] Updated 2012-03-14 to add information re versions of Windows, and to add a second screenshot.

  • Trademark Solicitations

    Stephen M. Nipper
    22 Feb 2012 | 8:36 pm
    Another day at work is over…another handful of client questions about solicitations they received via e-mail or postal mail regarding trademark related services offered for sale. I tell them the same thing I always do…send me a copy and I’ll glance at it for you, but the chances are that it is either an outright scam, or an offer for services they probably don’t need (e.g., the client I talked with last week that received a solicitation that included an offer to register their Service Mark with U.S. Customs). It makes you wonder…how many trademark owners fall…
 
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    Patent Prospector

  • Copycat

    14 May 2012 | 5:31 pm
    Apple tried to get a preliminary injunction against Samsung over design and utility patents, accusing Samsung of infringing its "distinctive design." The district court was unpersuaded, finding, among other faults, that "Apple had failed to show a likelihood of success on the merits." The legal team at Quinn Emmanual, representing Samsung, outmaneuvered MoFo. With the exception of a quibble over legal error for one patent, remanding back for reevaluation, a CAFC panel affirmed, even as it did not often agree with the district court. (CAFC 2012-1105) Judge O'Malley, who has become quite an…

  • No Breiner

    12 May 2012 | 7:53 pm
    Sheldon Breiner tried to get a patent on networked data collation from far-flung places. With Obzilla riding shotgun, the examiner combined three far-flung references, supplying motivation to combine as "obvious to one of ordinary skill in the art." Rejection affirmed at the BPAI. Breiner took it to the CAFC, which reminded of the now high bar to overturning the PTO: "this court will not overturn the Board's decision if a reasonable mind might accept the evidence as adequate to support a conclusion." (CAFC 2011-1387). On down the line to the origin of the situation: patent prosecution in this…

  • Lead Compound

    8 May 2012 | 12:15 am
    In a close-call case, Otsuka v. Sandoz et al (CAFC 2011-1126, 1127, precedential), generic drug makers couldn't invalidate 5,006,528, for lack of identifying a prior art lead compound to derive the patented drug, even under the highly subjective standard of Obzilla. "In keeping with the flexible nature of the obviousness inquiry, the reason or motivation for modifying a lead compound may come from any number of sources and need not necessarily be explicit in the prior art." The ruling also gives a nuanced reading of nonstatutory double patenting. Here too, the subjectivity of…

  • Misplaced

    4 May 2012 | 9:11 pm
    It should come as no surprise, for those who are worldly wise, that most patent prosecutors are not adept. Take it as gospel from Patent Hawk, who reads dozens of patents a day. But that doesn't mean you can successfully sue prospecutors for malpractice. Bad for business. Case in point: Minkin v. Gibbons (CAFC 2011-1178), a state patent prosecution malpractice matter that ended up at the CAFC, because the federal courts now take any case concerning patents. Judge O'Malley objects, but she appears in a vast minority.

  • Zapped

    25 Apr 2012 | 11:46 pm
    In Zapmedia v. Apple, Zapmedia tried to backpedal from prosecution estoppel (to overcome prior art) in the family of the asserted patent: 7,343,414. Apple's law firm set up solid arugments of claim construction and non-infringment that the courts easily agreed with. (CAFC 2011-1546): See TIP Sys., LLC v. Phillips & Brooks/Gladwin, Inc., 529 F.3d 1364, 1371 (Fed. Cir. 2008) ("[P]rosecution history of a related patent application may inform construction of a claim term, when the two applications are directed to the same subject matter and a clear disavowal or disclaimer is made during…
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    Dear Rich: Nolo's Intellectual Property Blog

  • Wants NDA+ for Taiwanese Manufacturer

    The Dear Rich Staff
    15 May 2012 | 8:00 am
    Dear Rich: I’m trying to find a triple-N agreement to send to my Taiwan manufacture (NNN = non-disclosure, non-use and non-compete). I am concerned that customers in the Far East will try to get him to manufacture our product directly for them. If we have a good NNN agreement, it will help dissuade him from doing that. Can you direct me to any resources? We've spotted a few of these templates floating around the Internet, but from our research (and limited experience) it's not a good idea to use off-the-shelf NDA-type agreements with foreign manufacturers. The main reason is…

  • Wrong Author Listed on Book

    The Dear Rich Staff
    10 May 2012 | 8:00 am
    Dear Rich: Is there an issue if my name is on a book by mistake? That's what happened to me. My name was credited for a book that I did not write. I did write one version of the book but they did not use it. There would only be an issue if you or the real author believe that the attribution error resulted in an injury. If you feel, for example, that the mistaken listing defames your reputation, makes use of your name to endorse a product without your permission, or subjects you to emotional distress (or some similar claim), you can pursue the publisher. The real author may have different…

  • Needs Anatomy Pix for Dissertation

    The Dear Rich Staff
    9 May 2012 | 8:00 am
    Dear Rich: I'm writing my postgraduate dissertation for surgery and I need to use pictures from the Skandalakis anatomy book, how do I ask for permission or can I use them? Wow, two anatomy questions within six months. (Our last question had to do with public domain imagery like the image, left.) We get seriously sidetracked with these anatomy questions -- is that really where the liver is? Just looking at this cross-section of the digestive tract has us vowing to quit processed cheese.Right, you had a question. The Skandalakis anatomy book (we assume you're referring to Surgical Anatomy…

  • Should I Register My Blog Name (or Domain Name)?

    The Dear Rich Staff
    8 May 2012 | 8:00 am
    Dear Rich: I am planning on starting a blog that I might ultimately turn into a consulting/market research business (though in the beginning, like most bloggers, I will be providing only free articles and research). Since I might ultimately end up doing commerce under my domain name, and since I think the name is nifty and special, I am thinking of trademarking it right away. This raises a few questions: (1) If I am not actually selling anything yet, but merely advertising services or providing free online research services, is that enough for a full trademark, or merely an intent-to-use…

  • Artist's Rights in Public Mural

    The Dear Rich Staff
    7 May 2012 | 8:00 am
    Dear Rich: I was hired to do a mural in a San Francisco apartment building. There's no contract and I get a flat fee. I'm being paid by the company that manages the building. Who owns the mural? If you're asking who owns the copyright, we think you own it. If you're asking who owns the mural itself, we think the owner of the building owns it. In other words, you would control the duplication, and distribution of copies of the work and you would have granted an implied license to the building owners to display the work in the apartment house. But wait .... by creating a fine art works you also…
 
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    Latest Patents

  • Apple patents granted on 15 May 2012

    Administrator
    15 May 2012 | 3:00 pm
    21 US patents granted on 15 May 2012 and assigned to Apple 1 D659,853 Building exterior 2 D659,712 Media device 3 D659,671 Electronic device 4 D659,530 Packaging 5 8,181,264 Method and apparatus for deferred security analysis 6 8,181,233 Pairing of wireless devices using a wired medium 7 8,181,119 User interface with inline customization 8 8,181,059 Inter-processor communication channel including power-down functionality 9 8,181,001 Conditional data-dependency resolution in vector processors 10 8,180,895 Management of podcasts 11 8,180,379 Synchronizing mobile and vehicle devices 12 8,180,194…

  • Canon patents granted on 15 May 2012

    Administrator
    15 May 2012 | 2:59 pm
    75 US patents granted on 15 May 2012 and assigned to Canon 1 8,181,256 Data transmission apparatus, control method therefor, and image input/output apparatus 2 8,181,228 Network constructing method and communication apparatus 3 8,181,108 Device for editing metadata of divided object 4 8,181,077 Methods and devices for the dynamic management of transmission errors by network points of interconnections 5 8,181,026 Method and apparatus for input of coded image data 6 8,180,993 Information processing apparatus and control method thereof 7 8,180,934 Device monitoring apparatus, control method…

  • Fujitsu patents granted on 15 May 2012

    Administrator
    15 May 2012 | 2:58 pm
    44 US patents granted on 15 May 2012 and assigned to Fujitsu 1 8,181,171 Method and apparatus for analyzing large scale program and generation of code from degenerated program dependence graph 2 8,181,141 Dummy rule generating apparatus 3 8,181,136 Circuit operation verification method and apparatus 4 8,181,132 Validating one or more circuits using one or more grids 5 8,181,099 Transmission device 6 8,181,064 Information processing apparatus for inhibiting instructions, saving and restoring internal information in response to abnormality in redundant processor system 7 8,180,985 Storage…

  • Google patents granted on 15 May 2012

    Administrator
    15 May 2012 | 2:58 pm
    25 US patents granted on 15 May 2012 and assigned to Google 1 D659,741 Wearable display device 2 D659,740 Wearable display device frame 3 D659,739 Wearable display device 4 8,181,254 Setting default security features for use with web applications and extensions 5 8,181,197 System and method for voting on popular video intervals 6 8,181,124 Method and apparatus for notification on an electronic handheld device using an attention manager 7 8,181,048 Performing power management operations 8 8,180,851 Management of pre-fetched mapping data incorporating user-specified locations 9 8,180,782 Online…

  • Hewlett-Packard patents granted on 15 May 2012

    Administrator
    15 May 2012 | 2:57 pm
    34 US patents granted on 15 May 2012 and assigned to Hewlett-Packard 1 D659,734 Webcam 2 8,181,180 Managing jobs in shared file systems 3 8,181,175 Accounting for resource usage time by a virtual machine 4 8,181,125 System and method for providing compliant mapping between chip bond locations and package bond locations for an integrated circuit 5 8,181,055 Applying power to a network interface 6 8,180,793 Access to data stored in a file system 7 8,180,751 Using an encyclopedia to build user profiles 8 8,180,744 Managing storage of data in a data structure 9 8,180,723 Root cause analysis in a…
 
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    patentability

  • USPTO To Implement Pilot Program For Considering Information Disclosure Statements Filed in Allowed Cases

    Brian Fletcher
    10 May 2012 | 8:45 am
    More good news from the United States Patent and Trademark Office (USPTO).  The USPTO will implement a pilot program, Quick Path IDS (QPIDS), for considering Information Disclosure Statements (IDS) filed in allowed cases that have not yet issued.  The QPIDS pilot program will run from May 16, 2012 to September 30, 2012.  The purpose of the pilot is to eliminate, or at least reduce, the need for filing a Request for Continued Examination (RCE) after allowance in order to have an IDS considered. Examiners will be authorized non-production time to consider IDSs for these applications, both…

  • U.S. Commerce Department Releases New Report Showing Intellectual Property-Intensive Industries Contribute $5 Trillion, 40 Million Jobs to U.S. Economy

    Brian Fletcher
    12 Apr 2012 | 8:12 am
    At a White House announcement event on April 11, 2012, the U.S. Commerce Department released a comprehensive report, entitled “Intellectual Property and the U.S. Economy: Industries in Focus,” which finds that intellectual property (IP)-intensive industries support at least 40 million jobs and contribute more than $5 trillion dollars to, or 34.8 percent of, U.S. gross domestic product (GDP). “This first-of-its-kind report shows that IP-intensive industries have a direct and significant impact on our nation’s economy and the creation of American jobs,” said Commerce Secretary John…

  • USPTO and Hungarian Intellectual Property Office (HIPO) sign Memorandum of Understanding on Patent Prosecution Highway (PPH) Program

    Brian Fletcher
    6 Apr 2012 | 2:05 pm
    On April 5, 2012, the United States Patent and Trademark Office (USPTO) and Hungarian Intellectual Property Office (HIPO) signed a Memorandum of Understanding making permanent the Patent Prosecution Highway (PPH) program between the two offices and setting forth the common desire to implement further developments of the PPH program during a high level event in Budapest honoring Hungarian inventors and innovative companies. “This Memorandum of Understanding marks a significant milestone of achievement in patent cooperation between our two offices,” said Under Secretary of Commerce for…

  • USPTO to Test New Post-Final Rejection Option

    Brian Fletcher
    4 Apr 2012 | 9:52 am
    Pilot program will add limited time for further consideration of after-final responses in patent application prosecution The United States Patent and Trademark Office (USPTO), as part of its on-going efforts towards compact prosecution and increased collaboration between examiners and stakeholders, announced on April 2, 2012 the start of the After Final Consideration Pilot (AFCP). “Compact prosecution is one of our top goals,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO, David Kappos. “The AFCP pilot will allow some additional flexibility for…

  • USPTO and AUTM Announce Joint Patent Examiners Training Initiative

    Brian Fletcher
    20 Mar 2012 | 7:38 am
    On March 15, 2012, the United States Patent and Trademark Office (USPTO) and the Association of University Technology Managers (AUTM) announced the launch of the USPTO/AUTM Patent Examiners Training Initiative, a joint program designed to improve the strength and quality of U.S. patents through specialized training between patent examiners, innovators and scientists.  The program aims to foster relationships between patent examiners and innovators/scientists. “This announcement represents an important step in partnering with the petri dish of creativity and research:  the American…
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    Everyone's Blog Posts - Intellectual Property Insiders

  • Database Update Round-Up – European Patent Register and DWPI - The Intellogist Blog

    Joelle Mornini
    15 May 2012 | 8:08 am
    The Derwent World Patent Index is no longer available on one search platform, and it has numerical search options available on another platform! Also learn about the April 2012 updates to the European Patent Register.

  • Best resources for patent, trademark, copyright and other intellectual property events

    Mikk Putk
    12 May 2012 | 11:30 am
    Courses and webinars, seminars and conferences that cover the main areas of intellectual property: copyright and related rights, patents, trademarks, unfair competition, licensing etc. EPO
 learning center and 
event search: online training, conferences and seminars and other patent related events. EPO
 Conferences and key events. EPO 
e-learning center. EPO
 webinars. European Patent Academy: Promoting and supporting education and training in patent-related intellectual property. The Academy's activities are divided into five programme areas: Institutional strengthening,…

  • Patent Searching Tips: Using Google to narrow it down

    Chris Jagalla
    10 May 2012 | 4:29 pm
    Patent Searching Tips: Using Google to narrow it down It might be a bit basic for some of  you pros out there, but it's nice reminder of a good technique!

  • Example of an Excellent IP Office Website: Sweden’s PRV - The Intellogist Blog

    Joelle Mornini
    9 May 2012 | 11:01 am
    What tips can the USPTO take from the websites and databases of other intellectual property offices in order to improve their own online services?

  • Need patent translation? Look no further!

    John Tinsley
    9 May 2012 | 6:30 am
    I am delighted to introduce you to our recently launched patent translation tool - IPTranslator. The tool, which is aimed at patent professional, has been built based on the work carried out in PLUTO over the last 2 years which has focused on tailoring automatic translation technology specifically to translate patent documents. It allows you to translate patents on-the-fly, in your browser, no matter where you carry our your patent searches. Features IPTranslator has been developed with a number of features designed to make the life of a patent professional more easy and efficient. Some…
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    Patent Intelligence

  • The Patent Family Tree tool (PFTT)

    vinodksingh
    14 May 2012 | 4:26 am
    The Patent Family Tree tool (PFTT) is used to generate patent family trees for given patents. Given a patent #, …Continue reading »

  • New Journal – Pharmaceutical Patent Analyst

    vinodksingh
    20 Feb 2012 | 9:19 am
    Pharmaceutical Patent Analyst, a print and online journal published by Future Science Ltd, offers a peer-reviewed forum dedicated to expertly …Continue reading »

  • Patent Watch – Search Patents at SpecialChem

    vinodksingh
    18 Feb 2012 | 10:20 pm
    Patent Searches can we done in SpecialChem under Trends & Innovations–>Patent Watch. Filed under: Patent Analysts Tool Box Tagged: patent …Continue reading »

  • EPO OPS – REST Services

    vinodksingh
    18 Feb 2012 | 3:11 am
    The REST Services of EPO OPS provides the following informaiton pertaining to specific publication, priority or application through epodoc and …Continue reading »

  • Retrival of Patent PDF Copies from EPO OPS Server

    vinodksingh
    18 Feb 2012 | 2:54 am
    Generally retriving PDF copies of patents from EPO invlove step-by-step approach. Here is way to download the PDF copy bu …Continue reading »
 
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