Patent Law

Federal Circuit Addresses Effect of 271(e)(1) "Safe Harbor" in ITC Actions

Posted on March 24, 2008
Aaron F. Barkoff of the Orange Book Blog writes in his March 21, 2008 post: Amgen holds at least six US patents that relate to erythropoeitin and its derivatives (EPO) and processes for making EPO, protecting the Amgen drugs Aranesp...

Generic Particulars

Posted on March 21, 2008
From today's (March 21, 2008) The Indian Express, comes this editorial: From January 2005, a new law was to have brought India into compliance with the WTO on how pharmaceutical products were to be patented. Earlier, patent protection was offered...

e-IP, LLC (www.TechTransferOnline.com) Becomes The Place To Go For Intellectual Property(TM)

Posted on March 20, 2008
The following is excerpted from a March 20, 2008 e-IP, LLC press release at PR Newswire: After only a few months of gathering intellectual property from universities, corporations, and other research institutions, TechTransferOnline has been entrusted with thousands of high...

Admissibility of Settlement Communications In Patent Infringement Rule 11 Proceedings

Posted on March 19, 2008
Michael D. Kurzer and Stacey J. Rappaport of Milbank, Tweed, Hadley & McCloy LLP wrote the above titled article in Law Journal Newsletters Patent Strategy & Management (Volume 7, Number 1 ? June 2006). The following is excerpted from their...

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Some are Experts, Others Just Provide Opinions

Posted on March 18, 2008
Lee Thomason writes today, March 18, 2008, at his blog, ISinIP (Innovative Strategies in IP): Two points of interest about patent suit experts come out of the pretrial ruling in Seitz v. Envirotech Sys., 4:02CV4782 (S.D. Tex. 3/6/2008). The named...

IP Litigation at the ITC: Recent Developments and Best Practices

Posted on March 17, 2008
Managing IP will host a free web seminar, in association with Finnegan Henderson, covering recent developments and enforcement at the ITC on Wednesday March 26 at 12 noon EST. The US International Trade Commission (ITC) is playing an increasingly prominent...

Diomed Files Chapter 11

Posted on March 14, 2008
The following is excerpted from a March 14, 2008 Diomed press release: Diomed Holdings, Inc. (AMEX: DIO), a leading developer and marketer of minimally invasive medical technologies, including its patented EVLT® laser treatment for varicose veins, announced that it, together...

Notes Of Discord For Guitar Hero

Posted on March 13, 2008
The following is excerpted from an article written today, March 13, 2008, by Evelyn Rusli and available at Forbes.com: The fathers of Guitar Hero, the brothers Kai and Charles Huang, can't estimate how many hours they've spent strumming the game's...

Best of IPL Newsletter

Posted on March 12, 2008
The Winter 2008 print issue of the American Bar Association's Section of Intellectual Property Law's IPL Newsletter is a "BEST OF" edition with articles from a number of previous issues. While this print issue is not yet available on line,...

Are CDN Patent Lawsuits Actually a Mating Call?

Posted on March 10, 2008
Kelly Teal writing February 29, 2008 for xchange states, in part: The content delivery network (CDN) arena isn?t just growing, it?s exploding. Demand for online video and gaming is so intense that, last year alone, CDN revenue totaled more than...

Nanotechnology Patents and Copyrights: Strategies for Securing and Protecting IP Rights

Posted on March 07, 2008
Strafford Publications is hosting this teleconference on April 15, 2008. Nanotechnology, one of the most dynamic emerging technologies, presents novel and complex problems for the patenting process. The unprecedented patent "land grab" taking place in the nanotechnology area will no...

Really Simple Competitive Intelligence

Posted on March 06, 2008
Dennis Kennedy writes in the March 2008 print issue of the ABA Journal: Clients increasingly look to lawyers who know their business and industry well, and a common client wish is that their lawyers alert them to issues in advance,...

Barr Subsidiary Sues Watson for SEASONIQUE(R) Patent Infringement

Posted on March 05, 2008
PR Newswire reported today, March 5, 2008: Barr Pharmaceuticals, Inc. (NYSE: BRL) today announced that its wholly-owned subsidiary, Duramed Pharmaceuticals, Inc., has filed suit against Watson Pharmaceuticals (NYSE: WPI) and its subsidiary, Watson Laboratories, Inc...

Disney's Chief Magic Official

Posted on March 04, 2008
To prove that making dreams come true is no longer reserved for fairy godmothers, CareerBuilder.com [on January 8, 2008] launched the search for the first-ever Disney Parks Chief Magic Official (CMO) who will spread magic during The Year of a...

Qualcomm Licked In Legal Battle

Posted on March 03, 2008
Lionel Laurent writing for Forbes today, March 3, 2008, stated: Qualcomm's epic legal assault on handset-maker Nokia racked up yet another defeat on Monday, after the British High Court ruled that two of the American telecommunications firm's patent infringement claims...

Justice Breyer's Bicycle and the Ignored Elephant of Patent Exhaustion

Posted on March 03, 2008
Today's guest post is from John W. Osborne of Morgan & Finnegan, L.L.P.: As discussed in the linked article, "Justice Breyer's Bicycle and the Ignored Elephant of Patent Exhaustion: An Avoidable Collision in Quanta v. LGE," the arguments made to...

Reinventing Patent Law

Posted on February 29, 2008
Steve Seidenberg writes in the February 2008 print issue of the ABA Journal that "the pendulum is swinging for a system that has long favored the rights of patent holders."  The following is excerpted from his article:Stephen Comiskey thought he knew a good thing when he saw it...

German Patent Database Available

Posted on February 29, 2008
Please see the German Patents website that is added today to the Tools section on the lower left banner.  This site offers a full text database of German patents from 1986 to the present classified by IPC.  The site is available in German only.

An Israeli Perspective on U.S. Patent Reform

Posted on February 28, 2008
The Jerusalem Post ran an opinion piece on February 20, 2008 denouncing the Patent Reform Act of 2007.  The article is by Bernard G. Frieder who "served in the cabinet office of the British government as a technology specialist and has advised private firms in the US and the UK...

WRG Webinar on Bankruptcy and Intellectual Property

Posted on February 27, 2008
World Research Group is hosting a webinar titled, "Bankruptcy and Intellectual Property: Protecting Your Rights in Uncertain Times" on March 28, 2008.  Robert Eisenbach (who also writes In the Red®: The Business Bankruptcy Blog) and Richard Kanowitz of Cooley Godward Kronish LLP will lead the webinar...

Troll Tracker Outs Himself

Posted on February 26, 2008
Posted by Debra Cassens Weiss today, February 26, 2008, at the ABA Journal:The anonymous author of the Patent Troll Tracker blog has revealed that he is Richard Frenkel, an intellectual property lawyer who is a director in Cisco Systems' IP group. Frenkel said he decided to out himself after he received an e-mail threat from someone who threatened to go public with his identity, the Recorder reports...

Niche Search Innovation

Posted on February 25, 2008
Richard Martin wrote an article in the February 11, 2008 print edition of Information Week titled, "The Search Market Fallout of Microsoft-Yahoo."When tigers battle, mice get fat. That pseudo-Chinese proverb well describes one likely outcome of Microsoft (NSDQ: MSFT)'s $44 billion bid for Yahoo (NSDQ: YHOO), which would reduce the top three Web search providers to just two: Google (NSDQ: GOOG) and Micro-Hoo (or whatever the mashup of Yahoo and Microsoft's MSN Live search tool would be called)...

Obviousness Under Chinese Patent Law

Posted on February 22, 2008
A paper with this title was written by Santa Clara Law student Xin Ma for an Advanced IP Research class and was published by the Tech LawForum, sponsored by the High Tech Law Institute at Santa Clara Law School, on February 20, 2008.Executive Summary Current Chinese Patent Law requires ?inventiveness,? a concept similar to the Unites States? requirement that a patent?s subject matter be non-obvious...

$29 Billion Reasons to Litigate?

Posted on February 21, 2008
Duncan Bucknell of IP Thinktank Blog wrote in his post yesterday, February 20, 2008:The most successful IP strategies in the pharma industry are often aggressive.  They have to be. US $29 Billion in drugs come off patent this year - however that's the innovators' current markets - these products will all have multiple generic suppliers on patent expiry, and so with price competition, the actual markets will be much smaller...

Waves of Changes in Chinese Patent Law and Regulations

Posted on February 20, 2008
The final section of a four-week series appeared in ChinaBio Today on January 31, 2008. The article was prepared by Charles C. Liu, PhD, JD, Partner, Director of US Practice, Unitalen Attorneys at Law, and Jeanne J. Liu. It was originally published in China Intellectual Property, 20:44-51 (2007)...

Counsel Corp. Subsidiary, C2 Global, Settles Lawsuit Against AT&T

Posted on February 19, 2008
A Counsel Corporation press release appearing today, February 19, 2008, at Marketwire states, in part:Counsel Corporation ("Counsel") (TSX:CXS) is pleased to announce that its 92%-owned subsidiary, C2 Global Technologies Inc. ("C2")(OTCBB:COBT), has settled its patent infringement litigation against AT&T by entering into a Settlement and License Agreement...

LexisNexis Launches Patent Law Center

Posted on February 16, 2008
LexisNexis has recently released the LexisNexis Patent Law Center.I was notified yesterday by LexisNexis that Philip Brooks' Patent Infringement Updates was selected to be featured in the ?Top Blogs? section (the Top Blogs menu is located at the bottom of the Home page for LexisNexis Patent Law Center)...

Patenting Business Methods for Internet-Based Commerce

Posted on February 15, 2008
World Research Group is hosting a seminar titled, "Patenting Business Methods for Internet-Based Commerce" on February 26-27, 2008 in New York City.  Some of the activities you will learn about during the conference include: Effectively manage and respond to troll activity Assess the likelihood of receiving an injunction in a post eBay world Develop a comprehensive portfolio and defensive patent strategy to mitigate the risk of third-party infringement Examine the current developments in patent law as it impacts Internet-based businesses Investigate and respond to patent assertion letters post Seagate Create organizational sensitivity to intellectual property risk and opportunities Structure your legal and business strategies in correspondence with evolving technology Evaluate the merits of licensing your business methods patents for Internet-based commerce Manage patents in collaborations and joint ventures Effectively enforce Internet-based patents in international territory Respond to the effect of KSR v...

Cephalon Disappointed by FTC Action on PROVIGIL Patent Settlements

Posted on February 14, 2008
Cephalon issued a press release yesterday, February 13, 2008, that reads, in part:Cephalon, Inc., (Nasdaq: CEPH) issued the following statement in response to a complaint filed today by the U.S. Federal Trade Commission (FTC) in U.S. District Court for the District of Columbia challenging the validity of certain agreements entered into by the company in late 2005 and early 2006 to settle the PROVIGIL(R) (modafinil) [C-IV] patent infringement litigation and seeking to permanently enjoin the Company from maintaining or enforcing these agreements...

Intellectual Property: The China Threat Teleconference

Posted on February 13, 2008
The Legal Publishing Group of Strafford Publications is hosting a two-part teleconference:Part 1 ? Essential Preemptive Steps to Protect IP Rights(Tuesday, February 19, 2008, 1:00-2:30 pm Eastern) Part 2 ? Strategies for Policing and Enforcing IP Rights(Tuesday, February 26, 2008, 1:00-2:30 pm Eastern)The panel will review these and other key questions:     * What issues must be addressed for registration of IP in China?    * What steps can U...

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