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Another claim construction reversal: Claim not limited to preferred embodiment
December 29, 2006
Post by Blog Staff
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 patent's specification. Based on this construction, th.......
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USPTO releases 2006 annual report
December 27, 2006
Post by Blog Staff
Just before Christmas, the United States Patent and Trademark Office released its 2006 annual report. Among the highlights: 332,000 patents were examined, the most ever 54% patent allowance rate, the lowest on record (comment: apparently the USPTO considers granting a lower percentage of patents to be good news) 3.5% patent allowance error rate (comment: this statistic is compiled by the "Office of Paten.......
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Working until the end of the year, Federal Circuit addresses a Law School Exam Type Case
December 26, 2006
Post by Blog Staff
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 attempted to show that the '382 was.......
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Starbucks appeals denial of cancellation of Korean company's trademark
December 21, 2006
Post by Blog Staff
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 Korea. The appeal w.......
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New GAO report suggests that some patents may hamper development of new "innovative" drugs
December 21, 2006
Post by Blog Staff
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 is the decrease in the number of NDAs for "new molecular .......
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New Tool for Copyright Owners
December 19, 2006
Post by Blog Staff
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 a technology company that has created a platform that prov.......
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Protecting a business name: the basics
December 19, 2006
Post by Blog Staff
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 to a Forbes article we blogged about a few weeks ago regarding marketing .......
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Federal Circuit Addresses On Sale Bar
December 18, 2006
Post by Blog Staff
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 year before the filing date of the patent application. If the applicant files a patent application after th.......
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UK considering peer review for patent system
December 15, 2006
Post by Blog Staff
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 Project, described in a recent article by NYU law professor Beth Noveck in the Harv.......
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Speak Now or Forever Hold Your Peace - Failure to Raise Verdict Inconsistency Defeats Appeal
December 14, 2006
Post by Blog Staff
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 unenforceable due to inequitable conduct. At issue was a patent ("the '265 paten.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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