Patent Law

"On Aspects of Barack Obama?s Technology Policy"

Posted on September 26, 2008
A draft of LBE's article On Aspects of Barack Obama?s Technology Policy is on the net. [some improvement on the HTML is needed.]

Electoral landslide predicted for November 2008

Posted on September 26, 2008
The [Rochester] Democrat and Chronicle had an article with text:"Essentially the election is at equilibrium," said John Zogby, president of Zogby International. "This election will stay close until the end."Zogby said he thinks the race will turn in the last weekend before Election Day and though the popular vote will be tight, the successful candidate will win in a landslide...

Stealing Harvard, or Harvard Stealing?

Posted on September 26, 2008
Recalling the 2002 movie Stealing Harvard (with Dennis Farina and Megan Mullally), and noting the recent episodes of Harvard plagiarism, one wonders if a coming attraction will be captioned, Harvard Stealing?SeePlagiarism at Harvard, again? Harvard Business Review article: Plagiarize with Pride **Did Harvard's rep play any role in the change of title from Stealing Stanford (USA) (working title)

More on blog ranking by blawgsearch

Posted on September 26, 2008
IPBiz slipped to number 3 in today's ranking of IP blogs on on blawgsearch:IP Thinktank [feed] Covers intellectual property strategy around the world. By Duncan Bucknell. Last Updated: September 25, 2008 - Rank This Week: 11 http://duncanbucknell.com/blog Patent Troll Tracker [feed] Tracks patent litigation...

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On answering the question you want to answer

Posted on September 26, 2008
In the context of an unfavorable review of Palin's interview with Couric, one finds the text:One of the first things taught to anyone ? especially politicians ? in addressing the media is not to answer the reporter?s question but to answer the question you want to answer...

Kyl patent reform bill: only for show

Posted on September 26, 2008
Perhaps only to illustrate that there are alternatives in patent reform, we now have Senator Kyl's "Patent Reform Act of 2008."Section 5 concerns POST-GRANT REVIEW PROCEEDINGS, and basically substitutes "oppositions" (with two windows) for inter partes re-examinations...

Jack Welch: 1st quarter 2009 will be brutal

Posted on September 25, 2008
Reuters reports on "Neutron Jack" Welch, once of General Electric:"I now believe we are in for one hell of a deep downturn," Welch told the World Business Forum in New York on Sept. 24, adding that the first quarter of 2009 will likely be "brutal."Until recently, Welch said, he had believed the U...

Disasters with Word's "track changes"

Posted on September 25, 2008
Further to an earlier post on IPBiz about Word's "Track Change" feature, IPBiz re-affirms that people, ESPECIALLY ATTORNEYS, need to be careful about using this feature. One horror story is reproduced on the mathewingraw blog:Some of you may have seen this already, since it has been passed around on Twitter, but I just had to point to Rick Segal?s hilarious blog post about a startup that did everything right in its business plan ? right up until it sent the document without clicking the ?accept changes? menu item in Word...

Use of fraudulently obtained data all right to get an Australian patent? [!]

Posted on September 25, 2008
IPBiz noted on 21 Sept 08 the impending issue of an Australian patent to stem cell worker/fraudster Hwang Woo Suk. In the context of final deliberations, a most memorable quotation was issued: "There is no statutory basis to refuse to grant a patent on the basis that the scientific data in a patent application is a misrepresentation or fraudulently obtained...

Plagiarism at Harvard, again?

Posted on September 25, 2008
According to NewsBusters, Al Franken prepared the book, Lies and the Lying Liars Who Tell Them, while at Harvard. Also according to NewsBusters, there is plagiarism within Franken's book. One example given:In "The Most Biased Name in News," FAIR's Seth Ackerman wrote in 2001:Even Fox's "left-right" debate show, Hannity & Colmes--whose Crossfire-style format virtually imposes numerical equality between conservatives and "liberals"--can't shake the impression of resembling a Harlem Globetrotters game ...

Press reports on Qualcomm loss to Broadcomm at CAFC

Posted on September 25, 2008
Recalling that Jaffe and Lerner praised Qualcomm for its proper use of patents, one finds discussions of Qualcomm's loss at the CAFC on 24 Sept 08 to be of interest. Bloomberg noted:The U.S. Court of Appeals for the Federal Circuit in Washington on Sept...

More on WSJ piece on Intellectual Ventures

Posted on September 25, 2008
Erick Schonfeld, not known for wisdom in the area of patents (see More confusion on patent reform? and TechCrunch wrong on reform ), commented on 17 Sept 08 about the WSJ article on Intellectual Ventures and observed:It is a virtuous cycle. Intellectual Ventures recently closed a $1...

Pondering confusions: Biden vs. Britney

Posted on September 25, 2008
IPBiz has noted that Joe Biden told Katie Couric on Monday, Sept. 22 that President Franklin Roosevelt made television appearances in 1929 about the stock market crash. Biden is 65 years old and probably remembers the beginnings of commercial television in his lifetime, and, as a University of Delaware graduate should know Herbert Hoover was president in 1929 and that Roosevelt was famous for his fireside chats on the radio...

Ta-tah to Quillen/Webster/Lemley?

Posted on September 24, 2008
Just-a-patent-examiner takes a whack at Lemley, James W. Beard, and Quillen/Webster in a 22 Sept. 08 post titled: The 'Wearing Down Examiners' Fallacy. The 'Wearing Down Examiners' Fallacy post directly tackles some "examiner count" urban legends (aka law review fantasies)-->Myth: "Examiners are only rewarded for the initial response to a patent application and for finally disposing of an application...

AstraZeneca wins over Teva on Pulmincort in DNJ

Posted on September 24, 2008
Bloomberg reports: The decision by U.S. District Court for the District of New Jersey to deny a request by Teva to throw out the case means the dispute will now go to trial, probably in January, London-based AstraZeneca said in a statement Sept. 24.The ruling may postpone the introduction of cheaper copies of the Respules version of Pulmicort in the U...

Blog: Biden's blovia beginning to bother?

Posted on September 24, 2008
A Washington Post blog, in a post titled The Biden Paradox: Help or Hindrance?, lays out some of Biden's recent screw-ups. IPBiz notes that all of this was foreseeable, from the time Biden answered "Frank's" question with the memorable line that Biden had a higher IQ than Frank...

Ta-tah to the Tata?

Posted on September 23, 2008
from timesonline :Thousands of violent protesters recently forced Tata, the Indian conglomerate that owns Land Rover and Jaguar, to halt work on a plant being built to produce the world?s cheapest car, the £1,250 Nano. The move could result in £200 million in investment costs being written off...

En banc Federal Circuit rules on design patent infringement criteria

Posted on September 23, 2008
There were many references to Gorham, including:The Gorham Court then set forth the test that has been cited in many subsequent cases: ?[I]f, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such an observer, inducing him to purchase one supposing it to be the other, the first one patented is infringed by the other...

Yale Law School to network for intellectual property knowledge

Posted on September 23, 2008
Yale Law School Dean Harold Hongju Koh says Yale Law should be a place where many scholars from many places interact and collaborate to advance new ideas. ?The best thing is to bring as many ideas as possible in and let this network of informed people sort it out...

Nasty thesis plagiarism problem at Bangalore University

Posted on September 23, 2008
ExpressBuzz has a report including the text:After receiving a number of complaints against Dr Venkataramappa for plagiarism, under the guidance of Dr B C Mylarappa, who was then a Professor at Department of Sociology, Bangalore University, Governor T N Chaturvedi had constituted an inquiry committee headed by retired IAS officer K V Irniraya...

The coffee patent wars heat up; Kraft to be the next Albie's?

Posted on September 23, 2008
The Chicago Tribune wrote: Procter & Gamble claims that a new four-pound plastic container for Maxwell House violates patents on Folgers' containers. Procter & Gamble filed a similar suit in federal court in August 2007 when Maxwell House was introduced in a 39-ounce plastic container...

Tracking changes on Word?

Posted on September 23, 2008
Running Word on a MacBook, LBE has found a number of problems with the "track changes" feature. One includes a failure of the software to actually distinguish changes made by multiple reviewers. Anybody else see this problem?From ShaunKelly.com -->Tip: Don't accidentally distribute documents containing tracked changes! [IPBiz: duh!]In Word 2002 and 2003, Tools > Options...

Tate and Lyle loses on sucralose at ITC

Posted on September 23, 2008
Online WSJ noted: A U.S. International Trade Commission judge ruled late Monday [Sept. 22] against Tate & Lyle in a patent-infringement case related to sucralose, the generic version of Splenda, Tate & Lyle said.See alsohttp://ipbiz.blogspot.com/2007/04/tate-lyle-files-itc-action-over...

Another story on the Martin mess at NMSU

Posted on September 23, 2008
Within a followup story on the Michael Martin saga at New Mexico State University, one has the text:?While we never look forward to a lawsuit, we do look forward to resolution of this issue,? Ben Woods said. ?The courts are the proper venue for the facts to come out...

The 65 mpg diesel of Ford

Posted on September 22, 2008
BusinessWeek discusses Ford's 65 mpg diesel car:Ford's 2009 Fiesta ECOnetic goes on sale in November. But here's the catch: Despite the car's potential to transform Ford's image and help it compete with Toyota Motor and Honda Motor in its home market, the company will sell the little fuel sipper only in Europe...

Ariad plans appeal of loss in Amgen case in D. Del.

Posted on September 22, 2008
The Boston Globe noted: Ariad Pharmaceuticals Inc. of Cambridge said Sept. 22 that it plans to pursue the "appropriate legal action" after a federal judge ruled against it in a patent dispute.See alsoMore on Ariad/Lilly

Remembering Schon

Posted on September 22, 2008
Recall the article In the Matter of J. Hendrik Schon , published in Physics World about six years ago (1 Nov 02). The Beasley report has since vanished from the "Bell Labs" website.

CAFC discusses obviousness in CSIRO v. Buffalo

Posted on September 22, 2008
In an earlier post on the CSIRO patent case in ED Texas, IPBiz had noted:Previously, Microsoft, Dell, Hewlett Packard, Intel and Netgear had taken legal action against the CSIRO in an attempt to break its US patents for wireless LANS, including elements of the 802...

Francis Curry to head WIPO as of October 1, 2008

Posted on September 22, 2008
Australia's Francis Gurry received the full vote of the general assembly of WIPO on Sept. 22, and will replace a scandal-plagued Kamal Idris on October 1, 2008 as WIPO director-general. Coincidentally, some of the problems of Kamal Idris tied back to scandal-plagued Ohio University...

Obama and McCain on science

Posted on September 21, 2008
The Los Angeles Times noted:Science Debate 2008 -- an effort spearheaded by half a dozen voters concerned about the state of American science -- posed 14 questions to the major parties' presidential candidates, Democrat Barack Obama and Republican John McCain...

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