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26 Aug 5:14 pm
... art], § 103 likely bars its patentability." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007). Here, the removal of pentobarbital sodium and ethoxy ... 421 ("A person of ordinary skill is . . . a person of ordinary creativity, not an automaton."); Bayer Schering Pharma AG v. Barr Labs., Inc., No. 2008-1282, 2009 U.S. App. ... to provide effective pain relief. The situation presented here parallels that presented in Richardson-Vicks Inc. v. Upjohn Co., 122 F.3d 1476, 1480 (Fed. Cir. 1997). There ...
Patent Prospector - http://www.patenthawk.com/blog/
30 Apr, 2007 10:51 am
... TSM test, by failing to acknowledge that a "person of ordinary skill in the art is also a person of ordinary creativity, not an automaton," and by adopting "[r]igid preventative rules that deny factfinders recourse ... to make the combination, Slip op. at 18 (quoting Alza Corp. v. Mylan Labs, Inc., 464 F.3d 1286, 1291 (2006)), even if the advantage was ... to avoid using hindsight when combining multiple disclosures. See, e.g., Ecolochem, Inc. v. Southern California Edison Company, 227 F.3d 1361, 1371 ( ...
SCOTUSblog - http://www.scotusblog.com/wp/
30 Apr, 2007 4:50 pm by Dennis Crouch
... of Petitioner KSR. In its unanimous decision in KSR Int'l. Co v. Teleflex Inc., No. 04-1350 (April 30, 2007), the Supreme Court expressly overruled the ... TSM test, by failing to acknowledge that a "person of ordinary skill in the art is also a person of ordinary creativity, not an automaton," and by adopting "[r]igid preventative rules that deny factfinders recourse ... to make the combination, Slip op. at 18 (quoting Alza Corp. v. Mylan Labs, Inc., 464 F.3d 1286, 1291 (2006)), even if the advantage was ...
Patently-O - http://www.patentlyo.com/patent/
7 Feb, 2008 9:19 pm
... Russian, French, Japanese, Dutch, or in English on any one of a number of websites. 6) Source, Inc. v. 38 defendants (Marshall, Texas, January 23). This one got my Bloated Case ... To Be MDL'd Award for January. 9) SMDK Corp. v. Creative Labs, Audiovox, Coby Electronics, Creative Tech, Epson America, Seiko-Epson, Seiko Corp.; Phison ... same patent. My feature on Cooper and his companies was here. 11) LivePerson, Inc. v. NextCard, LLC & Marshall Credit Strategies, LLC (Wilmington, Delaware, January ...
Patent Troll Tracker - http://trolltracker.blogspot.com/
12 May 3:34 am by Vanessa Vidal, Esq.
... by companies or tipsters) include: AIG Bank of America Cigna Corp. Creative Labs Cadence Design Systems Inc. Chrysler Motors Citibank Group CV Therapeutics Deutsche Bank ... General Motors Genentech Home Depot Hyatt Corp. Intel International Paper JP Morgan Chase Macy's, Inc. Microsoft Merrill Lynch & Co. Motorola Inc. ... Sony Electronics Sprint Nextel Sun Microsystems Symantec Corp. Time Warner Inc. Yahoo! Inc. Wachovia Washington Mutual Wells Fargo Wyeth Mergers, Restructurings, and Bankruptcies ...
InHouse Insider - http://www.inhouseinsider.com/
24 Mar 5:22 am by Vanessa Vidal, Esq.
... of corporate legal department layoffs as part of company-wide cuts over the past six months. Companies mentioned in the article included: Creative Labs eBay Symantec Corp. Cadence Design Systems Inc. Who Is More Likely to Be Given The Axe? The majority of U.S. companies have responded to budgetary pressures by cutting back on outside counsel expenses and bringing more work in-house. This strategy has allowed ...
InHouse Insider - http://www.inhouseinsider.com/
26 Aug 9:20 am by Lawrence B. Ebert
... prior art], § 103 likely bars its patentability." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007). Here, the removal of pentobarbital sodium and ethoxy benzamide ... at 421 ("A person of ordinary skill is . . . a person of ordinary creativity, not an automaton."); Bayer Schering Pharma AG v. Barr Labs., Inc., No. 2008-1282, 2009 U.S. App. ... 1578 (Fed. Cir. 1990) (emphasis added); cf. Ormco Corp. v. Align Tech., Inc., 463 F.3d 1299, 1311-12 (Fed. Cir. 2006) ("Evidence of commercial success, ...
IPBiz - http://ipbiz.blogspot.com
11 Jun, 2007 10:15 pm
By Audrey Millemann In its long awaited decision in KSR International Co. v. Teleflex, Inc., 127 S. Ct. 1727 (April 30, 2007), the United States Supreme Court has ... The Court found this contrary to common sense and concluded that persons of ordinary skill in the art are "creative," not "automatons." Id. Third, the Court of Appeals erred in holding that a patent could be ... Co., 464 F.3d 1356 (2006) and Alza Corp. v. Mylan Labs., Inc., 464 F.3d 1286 (2006)) applied a more flexible obviousness test and ...
IP Law Blog - http://www.theiplawblog.com/
21 Mar, 2007 11:39 am by Dan Markel
... PG&E made "no effort to defend the [CA9's] rule." It did, however, come up with some creative statutory arguments why attorney's fees still might not be allowed under the Code. Unfortunately ... the stinginess with grants that we saw earlier this Term. · The Court CVSG'd in Joblove v. Barr Labs, Inc. (06-830), whose question presented concerns a Big Pharma tactic that is becoming increasingly common: Whether the Sherman Act prohibits a manufacturer of a patented brand-name drug from agreeing to ...
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
18 Mar 8:40 am by Richard Binder
While mass layoffs at big law firms have grabbed headlines in recent months, in-house attorneys also have had their jobs taken away. At tech companies like Creative Labs, eBay, Symantec Corp. and Cadence Design Systems Inc., lawyers have been let go as part of company-wide cuts over the past six months, according to people familiar with the layoffs. Cadence, which makes semiconductor design tools, cut ...
The National Law Journal's L.A. Legal Pad - http://www.lalegalpad.com/
16 Nov 4:51 am
... : IP and climate change (JIPLP) (IP Osgoode) 5th International Forum on Creativity and Inventions opens with emphasis on need for balance in IP systems (WIPO) Global - ... strategy - what can go wrong with ownership of patents within a corporate enterprise Mars, Inc v Coin Acceptors; Novartis Pharmaceuticals v Teva Pharmaceuticals (Property, intangible) ... Lawyer) Mattel - CAFC hears oral argument in CRASH DUMMIES appeal: Mattel, Inc v The Crash Dummy Movie (TTABlog) McDonald's - McDonald's walks into ...
IP Thinktank - http://duncanbucknell.com/blog
21 Sep, 2007 9:27 am by Jean Jin
... copyright protection. [7] As stated in Midway Mfg. Co. v. Arctic Int'l, Inc., players that engage in a video game are merely interacting with a pre-determined set of developer- ... . There is an abundance of creativity and user originality beyond that contemplated in Midway Mfg., that warrants a deeper consideration of gamer rights in a finished virtual product. The Second Lab EULA ... whose account and earnings were confiscated; Bragg v. Linden Research, Inc., 487 F. Supp. 2d 593 (E.D. Pa 2007)). See ...
The Journal of the Business Law Society - http://www.law.uiuc.edu/bljournal/
17 Jul 6:33 am by Patent Arcade Staff
... arcade games; Midway's interlocutory appeal on the matter was also denied. Atari, Inc. v. North American Philips Consumer Elecs. Group Corp., 672 F ... Court's instruction that "the requisite level of creativity [for copyrightability] is extremely low." Lewis Galoob Toys, Inc. v. Nintendo of America, Inc., 964 F.2d 965 ... dismissed in 2007. Similar concerns have been raised worldwide, prompting Linden Lab to hurry progress on an age verification system that was announced prior to the suit and a potential ...
Patent Arcade - http://www.patentarcade.com
18 Apr, 2008 2:00 am
... Mattel and Hasbro copy the infringer by creating online Scrabble: (IP ThinkTank), Creative Commons Statement of Intent for Attribution-Share Alike Licenses released: (creativecommons.org) ... Law360), (IP Factor), Solodyn (Minocycline) - California federal court dismisses Impax Lab's case against Medicis Pharma for failing to show an immediate controversy regarding ... 46), Another trade mark question referred to the ECJ: UDV North America Inc v Brandtraders NV: (Class 46), Sony BMG asks ECJ to uphold ...
IP Thinktank - http://duncanbucknell.com/blog
16 Aug, 2008 2:43 am
... ), Why treating patents as property is a bad idea: (Techdirt) Global - Copyright Early creative commons history presentation by L Lessig: (Lessig), MCPS-PRS analysis of Radiohead's ... ), (Law360), US: Biotech rivals Eppendorf AG and Bio-Rad Lab's Inc drop patent suits against each other over cell-breeding and ... - TTAB affirms mere descriptiveness refusal of 'ITALIAN SUSHI': In re Alfredo International Inc (non-precedential): (TTABlog), Aloft - Aloft voluntarily dismisses two additional companies from ...
IP Thinktank - http://duncanbucknell.com/blog
27 Feb 5:00 am
... praise from Coalition for a Competitive Pharmaceutical Market (Patent Docs) (GenericsWeb) General Enforcement, creative R&D financing priority issues for public health in 2009 (Intellectual ... marketing of Modified Sequential Screening protocol: Intema Ltd v NTD Laboratories, Inc et al (Patent Docs) US: District Court Delaware: Motion to dismiss ... Teva Parenteral Medicines Inc. et al. (Patent Docs) Lexapro (Escitalopram) - US: Supreme Court refuses to hear appeal from Forest Lab's allowing Caraco ...
IP Thinktank - http://duncanbucknell.com/blog
11 Jan, 2008 9:00 am
... Pharma LP did not engage in conduct that invalidated its patents for OxyContin: (IP Law360), Skelaxin (Metaxalone) - King Pharmaceuticals Inc. drops infringement case against CorePharma LLC concerning its muscle relaxant Skelaxin, agreeing to grant a patent ... if you can) India National Knowledge Commission calls for an overhaul of India's patent process: (Spicy IP), Creative commons, independent music and TempoStand.com: (Spicy IP), Interview with Felix Ador, key negotiator in bilateral agreement ...
IP Thinktank - http://duncanbucknell.com/blog
27 Feb 7:00 am
... global LED patent wars (Green Patent Blog) Global - Copyright The Commons video (Creative Commons) Africa Egypt and Nigeria suggested for USTR Special 301 Report ( ... Myers-Squibb - BMS settles baby formula container patent suit against Abbott Lab's (Law360) DataTreasury Corp - Zions latest to settle in huge DataTreasury IP suit ... : GREEN INDIGO not merely descriptive of clothing: In re Jones Investment Co, Inc (not precedential) (TTABlog) TTAB reverses 2(d) refusal of QUAANTUM for trailer suspension ...
IP Thinktank - http://duncanbucknell.com/blog
6 Jun, 2008 6:49 am
... US: Public threats of enforcement don't establish DJ jurisdiction: Impax Labs v Medicis Pharmaceutical: (Patent Appeal Tracer), Synagis (Palivizumab) - US: MedImmune ... and summary disposal: Memcor Australia Pty Ltd v Zenon Environmental Inc: (IPRoo), Extension of time to file evidence in opposition: Timtech Chemicals Pty Ltd ... Yahoo Video from streaming Super Cassettes Industries' music: (Ars Technica), (Techdirt), Creativity and fashion under Indian copyright law: (International Law Office), Kerala ...
IP Thinktank - http://duncanbucknell.com/blog
13 Feb, 2007 2:09 pm by Marty
... Cease and Desist Letters." One user has already availed itself: "This notice is provided on behalf of Linden Research, Inc. ("Linden Lab"), the owner of trademark, copyright and other intellectual property rights in and to the "Second Life" product ... fair use doctrine, open source licensing, and other principles that support creativity and self-expression. We know parody when we see it. Moreover, Linden Lab objects to any implication that it would employ lawyers incapable of distinguishing such ...
Tags: Coulrophobia
The Trademark Blog - http://www.schwimmerlegal.com/
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