Another claim construction reversal: Claim not limited to preferred embodiment In a split decision, the Federal Circuit reversed a district court’s judgment of noninfringement based on error in claim construction. The patent at issue involves a machine and method that automate the staining of microscope slides used in biological assays. The district court construed the claims narrowly based on the preferred embodiment described in the […] Continue Reading →
Working until the end of the year, Federal Circuit addresses a Law School Exam Type Case The Federal Circuit affirmed a Southern District of Indiana decision that generic drug makers IVAX Pharmaceuticals, Inc, Dr. Reddy’s Labratories, Ltd. (DRL) and Teva Pharmaceuticals USA, Inc. infringed Eli Lilly and Company’s (Lilly) U.S. Patent no. 5,229,382. The ‘382 Patent claims chemical compound olanzapine and the use of the compound to treat schizophrenia. The infringers […] Continue Reading →
Starbucks appeals denial of cancellation of Korean company’s trademark Starbucks is appealing a decision denying cancellation of a Korean company's trademark, asserting it infringes Starbucks' trademark. The Korean company, Starpreya, uses a green circular logo that Starbucks asserts is confusingly similar to its logo. Below are the two logos: Starbucks has already unsuccessfully opposed Starpreya's mark in two cases before the Patent Court of […] Continue Reading →
New GAO report suggests that some patents may hamper development of new “innovative” drugs A report released by the Government Accountability Office indicates that while expenditures on research and development by drug companies have increased, this has not resulted in a commensurate increase in new drug applications (NDAs) with the FDA. In fact, NDAs have decreased by 21% from 1999 to 2004. The larger concern raised by the report […] Continue Reading →
Protecting a business name: the basics MSNBC has published an article with some basic tips for businesses to protect their trade names as trademarks. While the suggestions are fairly generic, it does at least provide some simple guidance for individuals who do not have any experience with intellectual property law in general or trademark law in particular. This piece is similar […] Continue Reading →
New Tool for Copyright Owners The Wall Street Journal has posted an article highlighting a new internet tool that tracks copyrighted works being used on the internet. Privately held Attributor Corp. of Redwood City, California offers a search service that scans billions of pages of the internet looking for infringing uses of copyrighted material. Attributor Corp describes its self as […] Continue Reading →
Federal Circuit Addresses On Sale Bar In Plumtree Software, Inc. v. Datamize, LLC, the Federal Circuit Court of Appeals revisited the issue of determining when an invention is on sale within the meaning of 35 U.S.C. 102(b). A claimed invention is considered to be on sale under ? 102(b) if the invention is sold or offered for sale more than one […] Continue Reading →
UK considering peer review for patent system After a review of Great Britain’s intellectual property laws, the UK patent office is considering implementing a peer review procedure as part of its patent examining process. This was one of the recommendations of the Gowers Review of Intellectual Property, published on December 6. The idea is based in part on the Peer to Patent […] Continue Reading →
Speak Now or Forever Hold Your Peace – Failure to Raise Verdict Inconsistency Defeats Appeal In L&W, Inc. v. Shertech, Inc. and Steven W. Sheridan (“Shertech”), the Court affirmed in part the decision of the US District Court for the Eastern District of Michigan holding claim 7 valid and claim 10 invalid of Shertech’s ‘264 patent, and affirming the portion of the judgment holding that the ‘264 patent was not […] Continue Reading →
Holy trademark infringer, Batman! The Russian Main Intelligence Directorate, commonly referred to as the GRU, appears to use a somewhat famous mark as part of its logo. The GRU's logo is shown below: Even Russian President Vladimir Putin appears to notice the distinctive logo at GRU headquarters: Of course, there are sovereign immunity issues that likely prevent DC Comics […] Continue Reading →