Patent Law

IP Outlines

Posted on March 04, 2008
Intellectual property outlines (for sale or rent).

Bayer loses Yasmin case to Barr

Posted on March 04, 2008
Bloomberg reports -- Bayer AG fell to the lowest level in a year in Frankfurt trading after a U.S. judgein D NJ invalidated a patent on the Yasmin contraceptive, giving Barr Pharmaceuticals Inc. a chance to sell a cheaper copy.AP noted Judge Peter G...

Eleven easy pieces for obviousness under 103?

Posted on March 04, 2008
Patent Docs noted that Bruce Kisliuk (Group Director of Technology Center 1600 (Biotechnology and Organic Chemisry)) stated that TC 1600 examiners were being taught to analyze the issue obviousness using eleven key cases as tools. The eleven cases are:1...

Patenting more and getting less return?

Posted on March 04, 2008
I/P Updates talks about the book "The Patenting Paradox, A game-based approach to improve patent management" by Arnaud GASNIER, which describes the tendency of many companies, research organizations and universities to patent more and more; but with little value being extracted from patents...

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A lawyer who plagiarizes violates disciplinary rules [?]

Posted on March 03, 2008
IPBiz just ran across an interesting post by patent attorney Brett J. Trout at Blawgit:According to U.S. Bankruptcy Judge Paul J. Kilburg, West Des Moines Peter Cannon ?violated the Iowa Rules of Professional Conduct by plagiarizing material for briefs and by unreasonably billing his client for preparation of those briefs...

ED Va: not a rocket docket for copyright/turnitin?

Posted on March 03, 2008
Information in an article by Andy Mannix at the Minnesota Daily suggests that the Eastern District of Virginia [ED Va] might NOT be a "rocket docket" on copyright matters:On March 27 of last year [2007], four high school students sued iParadigm for $900,000 on the basis of intellectual property infringement...

PatentHawk flames Schwartz paper

Posted on March 03, 2008
In a post titled Practice Makes Perfect?, PatentHawk analyzes some work of Professor David L. Schwartz, of John Marshall. IPBiz found that last line in the PatentHawk post of interest:Schwartz was so hasty to publish that he slopped a draft out with the pathetic plea: "Please do not distribute or quote without permission of the author," then touted his results in Patently-O in multiple installments...

Just like Hwang Woo Suk? Another fraudulent paper in Science!

Posted on March 02, 2008
After publishing his first paper in Science in July 2005, scientist Kim Tae-Kook told a local newspaper: "I want to become another Hwang Woo-Suk for Korea." Looks like Kim succeeded!Two fraudulent papers are "A Magnetic Nanoprobe Technology for Detecting Molecular Interactions in Live Cells" published in Science in July 2005 and "Small Molecule-Based Reversible Reprogramming of Cellular Lifespan" released in Nature Chemicalbiology in July 2006...

Bias of Eli Kintisch shows in "Small Win for Wisconsin in Stem Cell Fight "

Posted on March 02, 2008
The article by Eli Kintisch under the headline "Small Win for Wisconsin," concluded in the following way:"The battle is hardly over," groups that had originally challenged the patent said today in a press statement. They plan to appeal the decision. The 2006 patent relies on the two others that the groups challenged, which were granted in 1998 and 2001 and are currently under review by PTO...

Looking back on the PubPat challenge to the WARF patents

Posted on March 02, 2008
Back in April 2007, blog.bioethics.net had a post Sorry, Wisconsin: The Jig is Up on Patents in Embryonic Stem Cell Research based on the initial Office Action of the USPTO in the re-exam of three WARF patents on stem cells. The post included text:The U...

Sarnoff on the presumption of validity

Posted on March 02, 2008
Further to the discussion of articles in law reviews having footnotes citing to blogs as authority, IPBiz notes one of the rare citations to IPBiz, which occurs within the article BILCARE, KSR, PRESUMPTIONS OF VALIDITY, PRELIMINARY RELIEF, AND OBVIOUSNESS IN PATENT LAW by Joshua Sarnoff which appears in 25 Cardozo Arts & Ent LJ 995 (2008)...

Stem cells: missing out on an economic boon?

Posted on March 02, 2008
The conclusion of Selling Stem Cell Science: How Markets Drive Law along the Technological Frontier [33 Am. J. L. and Med. 541 (2007)] states:In the end, the promise of stem cell science will almost certainly prove too alluring for the law to resist. Pushed by private investors and the demands of those who stand to benefit, federal and state restrictions on stem cell research will decline, allowing latter-stage markets to once again trump the moral concerns occasioned by radical technology...

The individual inventor as parasite [?]

Posted on March 02, 2008
Further to the BIO report authored by Ann E. Mills and Patti Tereskerz, recall also Reinvigorating the Obviousness Standard: Do We Really Want What We Say We Want? in 89 JPTOS 773 (2007) which in footnote 69 stated:Preparing the patent application and paying the application fees do not guarantee the grant of a patent...

Changes at Somerset County's Duke Farms

Posted on March 02, 2008
The March 2 Courier-News highlights changes to take place at Duke Farms, the estate of the late Doris Duke: In the future, guests will receive a map of the grounds at the new orientation center, which will be renovated to the highest green standards possible, and be able to explore the property at their leisure, for free...

More on the fraud at New Jersey's UMDNJ

Posted on March 02, 2008
The headline on the front page of the 1 March 2008 issue of the Newark Star-Ledger ran: Heart doctors admit no-show jobs at UMDNJ and the text revealedAs part of a kickback scheme within UMDNJ, two doctors [ Bakul Desai, 52, of Livingston and Laxmipathi Gari palli, 59, of Colts Neck ] were hired as clinical assistant professors at the University of Medicine and Dentistry of New Jersey, despite having no research credentials...

Patents on smells, malodor counteractants

Posted on February 29, 2008
Chandler Burr of the New York Times wrote: Similarly, the scent makers ? Symrise of Holzminden, Germany; Givaudan of Geneva; International Flavors and Fragrances of New York; and Takasago of Tokyo ? spend billions on research to find new smell molecules, patent them and sell them...

A blogspot blog makes front page of The Trentonian on 29 Feb. 08

Posted on February 29, 2008
IPBiz notes that a certain blogspot blog (homonym of "chaos") made the front page of the 29 February 2008 issue of The Trentonian. Indeed, a picture from the blog made the cover. The content is too much for IPBiz, but the link above may work.The article is by Rick Murray and Andria Carter...

More on the PubPat loss in the re-exam of WARF's US 7,029,913

Posted on February 29, 2008
The reporting of AP in the matter of the ?action closing prosecution? for the re-examination of WARF's US 7,029,913 patent on stem cells was garbled:The patent office said last year it was preparing to toss out all three patents but the Wisconsin Alumni Research Foundation, which holds the patents, appealed...

Global reasons to oppose the current patent reform proposals

Posted on February 29, 2008
Note the article by Morten Messerschmidt which includes text:Now, however, life science imitators worldwide and their lawyers are gearing up to exploit the provisions in the pending patent reform bill in Congress. For years, makers of generic medicines have been working to weaken the protection of patents worldwide...

Do academics deal with plagiarism? The "White House plagiarism" story

Posted on February 29, 2008
IPBiz found text at the bottom of a story on White House plagiarism of interest:[Jeffery] Hart, an author and former professor at Columbia and Dartmouth, said he received [Tim] Goeglein's e-mail apology Thursday [February 28, 2008]."I told him I was flattered he'd used it...

PubPat, FTCR lose in inter partes re-exam of WARF stem cell patent

Posted on February 28, 2008
WARF News reported on 28 Feb. 08:The decision affects the patent for primate and human embryonic stem cells known as "913" (U.S. Pat. 7,029,913). The decision to uphold the patent is the first in a review process that began in October 2006, when the patent office agreed to re-examine the patents following challenges brought by the New York-based Public Patent Foundation and the California-based Foundation for Taxpayer and Consumer Rights...

Patent allowance rate 44% in fiscal 2007 [?]

Posted on February 28, 2008
In prepared testimony for an oversight hearing before the SUBCOMMITTEE ON COURTS, THE INTERNET AND INTELLECTUAL PROPERTY COMMITTEE ON THE JUDICIARY on 27 Feb. 08, USPTO Director Jon Dudas stated:Mr. Chairman, as we look to the future, we will make every effort to improve on our successful record in fiscal year 2007...

Surfer plagiarism and rules for bloggers

Posted on February 28, 2008
An article about plagiarism by a columnist (on surfing) at the Ventura County (Calif.) Star included the text:"We know the rules of usage are much looser online, particularly in the world of bloggers," Moore said in the Star article. "But our readers expect us to provide complete attribution when we use material from another source...

Harris: "patent cost reduction via outsourcing"; "Patent Hall of Fame"

Posted on February 27, 2008
A sub-theme in the patent troll tracker/Rick Frenkel matter was Frenkel's discussion of the Scott Harris meltdown; Legal Week noted:Niro had a contentious relationship with the anonymous blogger since a Troll Tracker post criticised Niro last year. After Niro filed a patent suit for a client against Google, Frenkel was among the first to report that Scott Harris, a Fish & Richardson partner based in San Diego, was listed as the inventor on the patent while his firm was also representing Google...

Will certain IP professors get the Jarvik treatment?

Posted on February 26, 2008
After the flap about Dr. Robert Jarvik, one wonders if we will see a similar crack down on certain intellectual property professors billing themselves as "patent attorneys" when they are not in fact registered patent attorneys.

Cabilly patent faring poorly in re-examination

Posted on February 26, 2008
Reuters noted: Genentech Inc. said on Monday [25 Feb 08] the U.S. Patent and Trademark Office [USPTO] has rejected the validity of a key patent that governs the biotechnology company's method of producing some of its drugs. The Cabilly patent involves a method of producing antibodies and antibody fragments, a crucial step in the manufacture of biotechnology drugs...

WSJ on Troll Tracker Frenkel

Posted on February 26, 2008
Stuart Weinburg discussed the unmasking of the patent troll tracker as Cisco's Rick Frenkel, including issues of corporate permission/corporate sponsorship.Cisco spokesman John Noh said the blog represented the personal opinions and personal research of Mr...

Patents stimulate only superficial research?

Posted on February 26, 2008
IPBiz found a Kinsella comment on patenthawk (re: Rick Frenkel) of interest and reproduces it here:In fact, many studies have been done. None of them show that it's a net gain; most show that it's a net loss, or difficult to answer. See: my article There's No Such Thing as a Free Patent, http://www...

Timothy Noah: too little, too late on "Meet the Press"?

Posted on February 26, 2008
On Tuesday, Feb. 26, 2008, Timothy Noah of Slate observed of plagiarist Doris Kearns Goodwin discussing plagiarism on Meet the Press (on Feb. 24): Unbelievably, Russert failed to note (and Goodwin failed to remind him of) an important source of Goodwin's expertise on this topic: (...

Law reviews citing blogs: good thing or bad thing?

Posted on February 25, 2008
Further to an IPBiz post [Do law schools promote a culture of copying?] and related to an ezine article Internet Publishing: Online Today, But What About Tomorrow Or Where Have You Gone, 406,302? :one IPBiz reader wrote:per law review citations to blogs:A) Don't you think citing to blogs is dangerous, given they can disappear from the web?? In a sense, a blog is a single volume of a work at ONE library...

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