Patent Law

Friday IP Round-up: Octomom Edition

By Stephen Albainy-Jenei

Evolving IP Marketplace

The Federal Trade Commission held the fourth in its series of hearings on the Evolving IP Marketplace. This set of hearings will explore the emergence of new business models in the market for intellectual property, strategies for buying, selling and licensing patents and the role of secondary markets. Discussions covered some of the recent changes in markets for intellectual property. Discussion included valuing and monetizing patents, strategies for buying and selling patents and the role of secondary markets for intellectual property.

Temporary Restraining Order Pulmicort

The US District Court for the District of New Jersey granted AstraZeneca’s request for a temporary restraining order, barring Apotex from selling a generic version of AstraZeneca’s Pulmicort Respules (budesonide inhalation suspension) until further order of the court. On 27 April 2009, the court will commence a hearing to determine whether the injunction should be continued.  Patents covering Pulmicort Respules expire in 2018 with pediatric exclusivity extending to 2019.

TRIPS, Pharmaceuticals and Manufacture for Export

This week’s IP Think Tank podcast has panelists Shamnad Basheer and Duncan Bucknell joined by Nicholas Gruen to follow up from a recent blog post and discuss Pharmaceutical patent extensions, TRIPS, Free Trade Agreements and Pharmaceutical Manufacture for Export.

Enter the Octomom

Nadya Suleman, often referred to as the Octomom after giving birth to octuplets through IVF despite living on welfare and already being a mother of six, has reportedly filed a pair of trademark filings with the USPTO on the term Octomom.  The applications, filed April 10th, are to gain rights to the term Octomom for selling disposable diapers and for ongoing television programs.

Unfortunately, another trademark application for Octomom had already been filed by Super Happy Fun Fun, a Texas-based corporation, which submitted its application March 12th, to use the name for computer game software, toys and action figures and wireless and mobile entertainment.

The company?s website shows a product called Fertile Myrtle (listed as formerly Octomom) for iPhone and iPod Touch. There is no indication why it is listed as “formerly Octomom” but the game is listed as “Simple and addictive game play. Press down on Fertyle Myrtle’s swollen belly, and another adorable bundle of joy will be brought into the world.”

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Full post as published by Patent Baristas on April 17, 2009 (boomark / email).