Patent Law

More on the Verfaille matter in stem cells

Posted on August 12, 2009
The californiastemcellreport discusses the renewed investigation by New Scientist of charges of data manipulation by adult stem cell worker Catherine Verfaillie. Verfaille currently is a reviewer of proposals for CIRM and a COMMENTER to the stem cell report stated:As for CIRM, if Verfaille truly is that competitive and unscrupulous to knowingly allow multiple instances of data finagling to come from her lab, then she shouldn't be privy to the information in CIRM grants...

Bam! Zechariah declares CAFC to be anti-patent

Posted on August 12, 2009
On 7 Aug 09, the 271Blog had a post which began:Manasseh Zechariah, economist and assistant professor at Johnson & Wales University College of Business, decided to take groups of decisions from the CAFC, and run variables related to those decisions through different theoretical models to see what came out...

Patent infringers as criminals? Microsoft and Microsoft Word and i4i.

Posted on August 12, 2009
Larry Dignan has a post titled: Examine the patent that made selling Microsoft Word a crime.IPBiz to Dignan: there are no criminal provisions in the US patent code as to infringement. [but see below]Dignan is examining an injunction against Microsoft arising from a case brought by i4i:According to the injunction, Microsoft is enjoined from selling ?Microsoft Word 2003, Microsoft Word 2007, and Microsoft Word products not more than colorably different from Microsoft Word 2003 or Microsoft Word 2007...

I.G. Farben and Exxon, re-visited

Posted on August 09, 2009
In an earlier post on IPBiz [ Standard Oil and I.G. Farben: patents and antitrust ], the interrelationship of I.G. Farben and Standard Oil of New Jersey [now ExxonMobil] was discussed.GoogleBooks has an excerpt from Antitrust and the formation of the postwar world by Wyatt C...

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On debates about stem cells: the carbon nanotube connection

Posted on August 09, 2009
An article in Nature by David Cyranoski & Monya Baker [Stem-cell claim gets cold reception; Carbon nanotubes used to reprogramme adult human cells? Nature 452, 132 (2008) ] produced the following on-line commentary:We need a correct understanding of what a stem cell in order to evaluate the magic claims on 'stem cells'!!! ------- On February 2, 2007 Rudolf Jaenisch wrote to me that "these people seem not quite understand the key issues of interpreting NT [nuclear transfer] experiments" when he read my criticism on a 'milestone' publication in Nature Biotechnology (NBT)...

Footnote to Madey v. Duke University: Duke goes after insuror for legal fees

Posted on August 09, 2009
James Gallagher, in an article titled Duke sues insurer to cover costs of Madey-laser suit gives a suggestion of "how much" Duke paid in the litigation against John Madey, which was ultimately unsuccessful:Randall Roden, an attorney with Tharrington Smith who represented Madey, says he doesn?t believe the $5 million limit on Duke?s insurance policy with Coregis would cover the legal costs and settlement, adding that he wouldn?t be surprised if Duke spent $5 million on legal fees alone...

Bilski brief of the University of South Florida

Posted on August 09, 2009
The amicus brief of the University of South Florida (USF) in Bilski begins:The University of South Florida (hereinafter, ?USF?) is the nation?s ninth largest public university and a leading research institution.[See also Three Florida universities in "top 10" in nation for enrollmentThe USF amicus brief spends time discussingClassen Immunotherapies, Inc...

High stakes for CERN's large hadron collider

Posted on August 09, 2009
AP writer ALEXANDER G. HIGGINS has a story on CERN's large hadron collider titled Particle collider: Black hole or crucial machine?. [As to names, see also Higgs Boson Found ]Within the Higgins article:CERN has been working since late last year to repair the damage caused by a faulty electrical joint...

Prison poet plagiarists

Posted on August 09, 2009
In June 2008, when IPBiz was discussing the Palo Alto High School plagiarism incident (the graduation speeches had been copied from elsewhere), one commenter wrotePerhaps this ought to be taken as a lesson that "life isn't fair" for those who were denied in favor of Abid and Veerappan's cribbing abilities...

Patents, and the assassination of President Lincoln

Posted on August 08, 2009
The military trial of those involved in the assassination of President Lincoln was presided over by Judge Advocate General Joseph Holt. Holt, a Southerner from Kentucky and a lawyer, supported James Buchanan in the presidential election of 1856, and, as a reward, was appointed Commissioner of Patents, which position he held until 1859, when he became Postmaster General, and advanced to Secretary of War upon the resignation of John B...

Kappos confirmed as USPTO Director

Posted on August 08, 2009
Eliot Marshall of Science noted on August 7: David Kappos, IBM's former vice president and chief patent attorney, has been approved by the Senate to be the new director of the U.S. Patent and Trademark Office.See also IBM's US 7,571,105: issues of patent quality and exam quality

Indirect self-plagiarism?

Posted on August 08, 2009
Of the matter of the retraction of Nayernia group paper published in Stem Cells and Development on 8 July 09, the journal Science gave details that the plagiarism in question involved a word-for-word discussion of prior Nayernia group work taken from a review article by Makoto Nagano of McGill University in Montreal that appeared in Biology of Reproduction...

IBM's US 7,571,105: issues of patent quality and exam quality

Posted on August 07, 2009
The blog "12:01pm Tuesday" ( Aaron R. Feigelson ) has a post ( IBM Upsells Patent to PTO ) on another problematic issued IBM patent, 7,571,105.The post has the (ridiculous) base patent claim, but the following analysis from the post is even more interesting (bolding added):Note the extra computer beef there in bold...

NLJ story mangles analysis of Exergen case?

Posted on August 07, 2009
In a story titled Federal Circuit Clamps Down on Patent Attorney Misconduct Claims, Sheri Qualters writes in the National Law Journal (NLJ):Exergen's 11-and-a-half page discussion about misconduct claims tied its pleading standards directly to the Federal Rules of Civil Procedure's fraud pleading standards...

On being hailed into far-away courts based upon allegations of IP infringement?

Posted on August 07, 2009
Cases in copyright law, unlike those in patent law, are reviewed in the regional circuit courts. In a copyright case in California, CA9 found personal jurisdiction in ND Cal in a situation wherein a San Diego law firm (Recordon & Recordon, the defendant ) allegedly copied from a Novato, Calif...

While wandering New Jersey...

Posted on August 06, 2009
Jersey rainbowJersey moth, RVCCPrinceton Battlefield, July 4, 2009.

Duke Island Park. Somerset County 2009 SUMMER CONCERT SERIES

Posted on August 06, 2009
The Party Dolls began the season, on June 28.Lil' Ed and the Blues Imperials, direct from Chicago, on July 12.LBE was photographed while taking this picture, and appeared on page A3 of the Bridgewater Courier-News on July 13.The Duprees on July 19, 200913th Annual Bayou Fest on July 26, 2009, JEFFERY BROUSSARD & CREOLE COWBOYSBluegrass on August 2, 2009, with THE GIBSON BROTHERS, from upstate New York...

Exergen on inequitable conduct: the right direction for the CAFC?

Posted on August 06, 2009
In addition to IPBiz's post on the Exergen case, at least three other blogs highlighted the inequitable conduct portion of the case, although none of these three made reference to footnote 2, about attorney conduct IN the litigation.CAFC (Really) Tightens Pleading Requirements for Inequitable Conduct Inequitable Conduct Ruling Gives Pleading Rules Real TeethParticular Inequitable Conduct A COMMENTER to the patenthawk blog DID state of footnote 2:Exergen?s patent counsel may have dodged the IC bullet, but Exergen still lost big-time and Exergen's trial counsel still got her bottom smacked for her trial techniques...

RPX says NPE litigation fraction is on the rise in 2009

Posted on August 06, 2009
On 30 July 2009, the RPX blog noted:According to Patent Freedom statistics, in 2008 there were 2,806 patent cases in the United States. Of these, 359 ? or 12.8% ? were NPE-driven suits. Looking at PACER and Lexis/Nexis data through June 30 of this year, we see that while overall patent litigation activity has actually slowed, the incidence of NPE cases is higher...

CIRM's position on bio-similars

Posted on August 05, 2009
Senator Feinstein included a copy of a letter from CIRM to Feinstein within her letter to Senators Kennedy and Dodd on legislation on bio-similars (generic biologics in Affordable Choices Act). Within the CIRM letter, there is a portion attacking a report of the FTC which portion includes the words:According to the FTC, corporations typically fund incremental innovation to support pre-existing core business...

Obviousness upheld against Bayer in Yasmin case

Posted on August 05, 2009
In a 2-1 vote, obviousness (found in D NJ) was upheld by the CAFC.The dissent of Judge Newman:With all respect to my colleagues, I do not share their view that it would have been obvious to do that which was indisputably unobvious to the experienced formulation scientists whose assignment was to formulate the known product drospirenone...

CAFC overturns USPTO and SDNY in pro se Taylor case

Posted on August 05, 2009
The pro se guy won this case. The CAFC concluded:Because the district court should not have dismissed Mr. Taylor?s complaint, this court reverses. This court remands to the district court with instructions to enter judgment in accordance with this opinion...

CAFC works through many issues in Exergen case

Posted on August 05, 2009
In Exergen, the CAFC reached many issues. For starters, a jury finding of non-anticipation was reversedand anticipation found.?To anticipate a claim, a single prior art reference must expressly or inherently disclose each claim limitation.? Finisar Corp...

Amazon sued by Cordance in D. Del.

Posted on August 05, 2009
In a bit of irony, Amazon, who once sued Barnes & Noble in a now-legendary case, is in turn now being sued by Cordance in D. Delaware over US Patents 6,757,710; 6,088,717; and 5,862,325. Lynn H. Pasahow is on the case for Amazon.

Sun, Medimmune settle over amifostine (ETHYOL)

Posted on August 04, 2009
Sun Pharmaceuticals has settled with Medimmune (Astra Zeneca ) concerning the (Hatch-Waxman) patent dispute over Ethyol (amifostine), a drug which is used to reduce toxicities associated with chemotherapy and radiation in head and neck cancers. Sun had filed a paragraph IV certification, and Medimmune had filed an infringement case in D...

Another chapter in TiVo versus EchoStar, and another chapter in bad reporting of patent matters

Posted on August 04, 2009
In a post titled US Patent Office Initially Rules For Dish In TiVo Patent Case , Roger Cheng of the WSJ wrote:The U.S. Patent and Trademark Office initially ruled that TiVo's claims that EchoStar's technology workaround still violated its patents for pausing and rewinding live television was invalid...

"List of troubled agencies"

Posted on August 04, 2009
An AP story of 4 Aug 09 titled Post office looks at changing hundreds of offices noted Just last week the Government Accountability Office [GAO] added the Postal Service to its list of troubled agencies, saying there are serious and significant structural financial challenges currently facing the agency...

Google/Apple tensions: Schmidt off Apple's Board

Posted on August 03, 2009
Erick Schonfeld of TechCruch wrote on 3 Aug 09 of Google CEO Eric Schmidt resigning from the Apple Board:Google brought down the disapproving scrutiny of the FCC onto Apple on Friday night [July 31], and on Monday morning Schmidt resigned. It is difficult not to make a connection between these two events...

McNeil case: CAFC indicates BPAI misunderstood patent claim!

Posted on August 03, 2009
The case IN RE MCNEIL-PPC, INC. is a review of re-examination by the CAFC, and addressesthe issue of "from what day" a response period is measured, date of decision vs. date of mailing.By a 2-1 vote, it was the latter, and McNeil won on the time issue, and then won on the substantivepatent issue...

Deja vu?

Posted on August 03, 2009
Back during the oil crunches of the 1970's, the predictions made at the time were that oil would run out in the 2020's.Those predictions were discarded. Now, we have a prediction from Dr Fatih Birol, the chief economist at the International Energy Agency (IEA) that oil is running out far faster than previously predicted and that global production is likely to peak in about 10 years...

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