http://www.ipwatchdog.com Patents, Software Patents, Patent Applications & Patent Law Tue, 21 May 2013 11:45:32 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 http://www.ipwatchdog.com/2013/05/21/ranbaxy-fined-jj-tylenol-scandal-bayer-sued-over-vitamins/id=40497/ http://www.ipwatchdog.com/2013/05/21/ranbaxy-fined-jj-tylenol-scandal-bayer-sued-over-vitamins/id=40497/#comments Tue, 21 May 2013 11:45:32 +0000 Ed Silverman http://www.ipwatchdog.com/?p=40497 Related posts:

1. Pharma Law and Business – A Monthly Roundup December 2012Litigation always factors into the pharmaceutical world, but the US Supreme Court commanded a special place in recent days. The high court figured in no fewer than four contentious issues that, not surprisingly, play a vital role in how drug makers can and will operate. Let’s start with a case that is not yet before the court, but many predict will be headed there thanks to one of its earlier rulings. Earlier this month, a three-judge panel of the US Court of Appeals for the Second Circuit overturned the conviction of a former sales representative, who argued that prosecuting him...
2. Pharma Law and Business: A Month Roundup for February 2013The FDA decided not to pursue a re-hearing before a federal appeals court that recently ruled the federal government could not prosecute a sales rep who promoted off-label uses of a medicine because his speech was not false and misleading. Meanwhile, Congress delayed Medicare price restraints on a group of medications that will benefit Amgen while costing taxpayers up to $500 million over two years. Still further, after a federal court judge decided that the Bristol-Myers patent on the Baraclude hepatitis B treatment was invalid, some analysts are saying the ruling may prompt greater scrutiny of so-called composition of matter...
3. Pharma Law and Business Roundup for March 2013In response to the scandal over a fungal meningitis outbreak, the FDA has begun a crackdown on compounding pharmacies and targeting about 30 ‘high risk’ operations in nearly a dozen states. San Francisco officials approved a referendum that will allow residents to decide whether to require city officials to hold talks with drug makers about pricing for ‘essential medicines.’ A federal appeals court upheld the conviction of a former biotech chief executive, who argued that federal prosecutors violated his First Amendment and commercial speech rights. The Federal Trade Commission filed a brief siding with generic drug makers in dispute with...

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1. Samsung Awarded System of Location Tracking Designed for ParentsPatent applications published recently by the U.S. Patent & Trademark Office show Samsung’s goals of developing stronger systems of software protection and user interfaces for gesture-based gaming systems. Another patent application assigned to Samsung Electronics could protect an important advance in cancer treatments. One of the recent patents awarded to Samsung from the USPTO protects a more efficient system of location tracking designed for parents....
2. Apple Patent to Replace the “Back” Button with “Page Snapback”This past week was another very prolific one for Apple, as the California-based electronic device developer received 35 patents and had another 36 applications published by the U.S. Patent & Trademark Office. Many patent applications were concerned with the ways computer users interact with their systems, and we see a number of upgrades to graphical user interfaces coming for device address books and online stores. Of the patents issued to Apple, one protects a webpage retrieval method that can help browsers save a lot of time while searching for information on the Internet....
3. Apple Awarded Processing Simulcast Data PatentYet again, it was another busy week for Apple Inc. at the U.S. Patent & Trademark Office, as the California-based electronics developer received 48 patents and another 20 published applications for prospective patents. A number of these applications describe upgrades to supporting components on Apple devices, including a new configuration for a device vibrator and a better system of illuminating keyboard keys. One of the more intriguing Apple patents awarded this week protects a system of displaying metadata to users extracted from radio broadcasts....

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1. Planting Progeny Seeds Without Consent is Patent InfringementIn its amicus brief, CLI responds by arguing that the term “makes,” as used in Section 271(a), has its plain and ordinary meaning, which embraces the concepts of “bringing about” or “causing.” CLI contends that Bowman, through his acts of planting and cultivating, brought about and caused the formation of a next-generation of herbicide-resistant soybeans. Alternatively, CLI argues that, even if the concept of a “making” only literally reaches the acts of the herbicide-resistant soybean plants Bowman cultivated, Bowman would still be liable for those acts under principles of agency-instrumentality law. Based on his acts of planting and cultivating, CLI...
2. Sowing the seeds of wrath: Doctrine of Patent Exhaustion Could Not Save Farmer from Liability for Infringing Monsanto’s Patents on Genetically Modified SeedsSome had hoped that the Court would use Bowman as an opportunity to address the extent of a patent owner’s monopoly over other self-replicating technologies in the areas of biotechnology and information technology, such as human cell lines or computer programs. Certainly, the Court hinted at the possibility of situations where the patented article’s self-replication is truly outside the purchaser’s control, or where the self-replication is an essential step in using the patented article for another authorized purpose. The Court, however, cautiously declined to extend its holding in Bowman to those situations. The decision in Monsanto is intended to be...
3. Argument Summary: Supreme Court Hears Bowman v. MonsantoWhile one can never know for certain how the Supreme Court will rule, even a casual observer has to conclude that the Supreme Court seems poised rule in favor of Monsanto. Seconds after Bowman's attorney started Chief Justice Roberts interrupted asking why anyone would ever patent anything if Bowman were to prevail. Shortly thereafter Justice Breyer openly concluded that Bowman infringed in a matter of fact way. It later may have seemed Breyer was probing for a response he didn't get more so than announcing his view of the case. Nevertheless, if Bowman loses Breyer he has no chance....

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1. Planting Progeny Seeds Without Consent is Patent InfringementIn its amicus brief, CLI responds by arguing that the term “makes,” as used in Section 271(a), has its plain and ordinary meaning, which embraces the concepts of “bringing about” or “causing.” CLI contends that Bowman, through his acts of planting and cultivating, brought about and caused the formation of a next-generation of herbicide-resistant soybeans. Alternatively, CLI argues that, even if the concept of a “making” only literally reaches the acts of the herbicide-resistant soybean plants Bowman cultivated, Bowman would still be liable for those acts under principles of agency-instrumentality law. Based on his acts of planting and cultivating, CLI...
2. Argument Summary: Supreme Court Hears Bowman v. MonsantoWhile one can never know for certain how the Supreme Court will rule, even a casual observer has to conclude that the Supreme Court seems poised rule in favor of Monsanto. Seconds after Bowman's attorney started Chief Justice Roberts interrupted asking why anyone would ever patent anything if Bowman were to prevail. Shortly thereafter Justice Breyer openly concluded that Bowman infringed in a matter of fact way. It later may have seemed Breyer was probing for a response he didn't get more so than announcing his view of the case. Nevertheless, if Bowman loses Breyer he has no chance....
3. Bowman v. Monsanto: Striking at the Roots of InnovationBowman v Monsanto involves a farmer who figured out how to get Monsanto’s patented seeds cheaper from a grain elevator than from the company. I won’t attempt to delve into the intricacies of the litigation or the doctrine of patent exhaustion, but do want to consider a larger point. What happens if our innovators lose confidence in the patent system? Some apparently believe this is a desirable outcome...

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1. Stan Lee Media Sues Disney Over Marvel CharactersIn a battle for the superheroes, an federal complaint alleging copyright infringement was filed on October 9, 2012 in the United States Federal District Court for the District of Colorado by a company called Stan Lee Media. The company was started by Stan Lee with his friend Peter Paul, who is now serving time in prison for fraudulent activities regarding this company. Lee wisely pulled out of the company over a decade ago when it failed. According to the complaint, Lee signed over the rights to his famed superheroes to the company Stan Lee Media. Of course, it is more...
2. Photographers in Copyright Infringement Suit Against GoogleThe National Press Photographers Association (NPPA) recently announced that it is joining the other cast of characters who have filed a class action complaint against Google, claiming (as the other plaintiffs have) that Google's "Google Book Search" program violates the copyrights of several photographers and visual artists. The other plaintiffs include individuals Leif Skoogfors, Al Satterwhite, Morton Beebe, Ed Kashi, John Schmelzer, Simms Taback and Gail Kuenstler Living Trust, Leland Bobbe, John Francis Ficara and David Moser, and associations The American Society of Media Photographers, the Graphic Artists Guild, the Picture Archive Council of America, the North American Nature Photography...
3. Google Settles Copyright Dispute with Belgian NewspaperThis case started back in 2006, when the newspaper publishers took Google to court, stating that the popular search engine was infringing on their copyright. They had been trying to get Google to compensate them for using their online content, claiming that as more and more readers turned to the Internet to get their news, less and less readers were utilizing their printed versions. Under the new agreement, Google will team up with the Rossel Group, a major media group in Brussels that owns some of the top newspapers such as Le Soir and L'Echo; and the IPM Group which...

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1. Patent Attorney Asks Examiner “Are you drunk?”Are you drunk? No, seriously... are you drinking scotch and whiskey with a side of crack cocaine while you "examine" patent applications? (Heavy emphasis on the quotes.) Do you just mail merge rejection letters from your home? Is that what taxpayers are getting in exchange for your services? Have you even read the patent application? I'm curious. Because you either haven't read the patent application or are... (I don't want to say the "R" word) "Special."...
2. PatentCore Joins Forces with LexisNexis® on Patent Advisor™Reed Technology and Information Services Inc., a part of the LexisNexis® family and a provider of content management services, announced earlier today that it has joined forces with PatentCore. You may recall that PatentCore is a publisher of online Patent Office analytics, which for the first time has given the patent bar and public a snapshot look at what goes on inside the Patent Office Art Unit by Art Unit and patent examiner by patent examiner....
3. A Patent Bigfoot? The Mythical First Action Allowances DO Exist!Top 50 Law Firms with the most first action allowances according to PatentCore data. But where are these first action allowances coming from? All over the Patent Office really. They occur with plants (1661), organic compounds (1621, 1625, 1626), batteries (1725), active solid state devices (2818), electrical generators or motors (2834), optical systems and elements (2873), optics measuring and testing (2877), vehicle fenders (3612), data processing (3661), aeronautics and astronautics (3662), internal combustion engines (3748), valves (3751, 3753) and elsewhere throughout the USPTO....

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1. 5 CAFC Judges Say Computers Patentable, Not SoftwarePerpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. Software is what makes everything happen. or crying out loud, software drives a multitude of machines! Maybe the auto mechanic for Judges Judges Lourie, Dyk, Prost, Reyna and Wallach should remove the software from their cars. Perhaps as they are stranded and forced to walk to work they might have time to contemplate the world they seem to want to force upon the rest of us; a world hat clings to mechanical machines completely non-reliant on software. That will be great for the...
2. Is IBM’s Watson Still Patent Eligible?Watson? It is an artificially intelligent computer system that is capable of answering questions presented in natural language. It is, in essence, the modern day equivalent to the all knowing Star Trek computer. It is flat out ridiculous to be asking whether the Star Trek omnipotent computer could be patent eligible, that that is where we find ourselves because what makes the computer unique is the software that makes it possible for Watson to perform 80 trillion operations per second. But Federal Circuit Judges say that mere fact that software is fast doesn't make it patent eligible unless there is...
3. What Happened to Judge Lourie in CLS Bank v. Alice Corp?The first thing that any student of the Federal Circuit likely notices when reading CLS Bank is that Judge Lourie not only joined the dominant concurrence, but he also wrote the opinion. The same Judge Lourie who wrote the first opinion in Mayo, after which the Supreme Court asked the Federal Circuit to reconsider, and who then wrote the second opinion in Mayo. The same Judge Lourie who wrote the first opinion in Myriad, after which the Supreme Court asked the Federal Circuit to reconsider, and who then wrote the second opinion in Myriad[12]. All of those opinions interpret §101...

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1. 5 CAFC Judges Say Computers Patentable, Not SoftwarePerpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. Software is what makes everything happen. or crying out loud, software drives a multitude of machines! Maybe the auto mechanic for Judges Judges Lourie, Dyk, Prost, Reyna and Wallach should remove the software from their cars. Perhaps as they are stranded and forced to walk to work they might have time to contemplate the world they seem to want to force upon the rest of us; a world hat clings to mechanical machines completely non-reliant on software. That will be great for the...
2. Is IBM’s Watson Still Patent Eligible?Watson? It is an artificially intelligent computer system that is capable of answering questions presented in natural language. It is, in essence, the modern day equivalent to the all knowing Star Trek computer. It is flat out ridiculous to be asking whether the Star Trek omnipotent computer could be patent eligible, that that is where we find ourselves because what makes the computer unique is the software that makes it possible for Watson to perform 80 trillion operations per second. But Federal Circuit Judges say that mere fact that software is fast doesn't make it patent eligible unless there is...
3. Federal Circuit Nightmare in CLS Bank v. Alice Corp.The only thing we know is this — the Federal Circuit issued an extraordinarily brief per curiam decision, which stated: "Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under that statute." Thus, the asserted claims are not patent eligible....

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1. 5 CAFC Judges Say Computers Patentable, Not SoftwarePerpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. Software is what makes everything happen. or crying out loud, software drives a multitude of machines! Maybe the auto mechanic for Judges Judges Lourie, Dyk, Prost, Reyna and Wallach should remove the software from their cars. Perhaps as they are stranded and forced to walk to work they might have time to contemplate the world they seem to want to force upon the rest of us; a world hat clings to mechanical machines completely non-reliant on software. That will be great for the...
2. Federal Circuit Nightmare in CLS Bank v. Alice Corp.The only thing we know is this — the Federal Circuit issued an extraordinarily brief per curiam decision, which stated: "Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under that statute." Thus, the asserted claims are not patent eligible....
3. Is IBM’s Watson Still Patent Eligible?Watson? It is an artificially intelligent computer system that is capable of answering questions presented in natural language. It is, in essence, the modern day equivalent to the all knowing Star Trek computer. It is flat out ridiculous to be asking whether the Star Trek omnipotent computer could be patent eligible, that that is where we find ourselves because what makes the computer unique is the software that makes it possible for Watson to perform 80 trillion operations per second. But Federal Circuit Judges say that mere fact that software is fast doesn't make it patent eligible unless there is...

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1. Oracle Seeks Patent for Generational Garbage CollectorsRecent patent applications filed by Oracle, and released by the USPTO, highlight the technology developer’s planned upgrades to current software systems, including dead memory retrieval by garbage collection applications and automated event grouping for timeline user interfaces. Another application describes a more exact system of mileage tracking for business expense reports. A recent patent also promises to give end users a better ability to tailor their search queries to provide better search results....
2. Samsung Awarded System of Location Tracking Designed for ParentsPatent applications published recently by the U.S. Patent & Trademark Office show Samsung’s goals of developing stronger systems of software protection and user interfaces for gesture-based gaming systems. Another patent application assigned to Samsung Electronics could protect an important advance in cancer treatments. One of the recent patents awarded to Samsung from the USPTO protects a more efficient system of location tracking designed for parents....
3. Microsoft Patents Identifying Different Users on TouchscreenAs always, many patent applications show Microsoft’s focus on improving their software for business applications. Different Microsoft patent applications this week provide for systems of sharing meeting notes within office software, mapping identities to keep important business documents secure as well as using serious games to identify talent within an organization. Other USPTO documents of note show that the computer developer is also trying to reach beyond this market. Another patent application would protect a system of creating digital memorabilia for events. Also, one patent awarded to Microsoft protects a system of identifying different users on a touchscreen....

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1. Federal Circuit Nightmare in CLS Bank v. Alice Corp.The only thing we know is this — the Federal Circuit issued an extraordinarily brief per curiam decision, which stated: "Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under that statute." Thus, the asserted claims are not patent eligible....
2. Business Methods (and Software) are Still Patentable!For at least the past 15 years, the legal, technical and academic communities have been debating the patentability of business methods and software. Despite much negative press ink, talk, legislative activity and court opinions, the answer with respect to patent eligibility is still a resounding and categorical “yes.” That’s the easy part. What types of business methods and software exactly are patentable? That is the difficult question to answer....
3. 5 CAFC Judges Say Computers Patentable, Not SoftwarePerpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. Software is what makes everything happen. or crying out loud, software drives a multitude of machines! Maybe the auto mechanic for Judges Judges Lourie, Dyk, Prost, Reyna and Wallach should remove the software from their cars. Perhaps as they are stranded and forced to walk to work they might have time to contemplate the world they seem to want to force upon the rest of us; a world hat clings to mechanical machines completely non-reliant on software. That will be great for the...

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1. 5 CAFC Judges Say Computers Patentable, Not SoftwarePerpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. Software is what makes everything happen. or crying out loud, software drives a multitude of machines! Maybe the auto mechanic for Judges Judges Lourie, Dyk, Prost, Reyna and Wallach should remove the software from their cars. Perhaps as they are stranded and forced to walk to work they might have time to contemplate the world they seem to want to force upon the rest of us; a world hat clings to mechanical machines completely non-reliant on software. That will be great for the...
2. Federal Circuit Nightmare in CLS Bank v. Alice Corp.The only thing we know is this — the Federal Circuit issued an extraordinarily brief per curiam decision, which stated: "Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under that statute." Thus, the asserted claims are not patent eligible....
3. Did the Federal Circuit Ignore the Supreme Court in CLS Bank?While the Supreme Court has done away with the "useful, concrete and tangible result" test from State Street Bank v. Signature Financial, in Bilski v. Kappos, 8 out of 9 Justices (i.e., everyone except Justice Scalia) signed onto an opinion that recognized that the patent claims in State Street displayed patent eligible subject matter. Indeed, the dissenters in Bilski specifically acknowledged that the claims at issue in State Street did not deal with processes, but dealt with machines. See Footnote 40 of the Steven's dissent. The import of this is that machines are specifically patent eligible subject matter, so if...

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1. Federal Circuit Nightmare in CLS Bank v. Alice Corp.The only thing we know is this — the Federal Circuit issued an extraordinarily brief per curiam decision, which stated: "Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under that statute." Thus, the asserted claims are not patent eligible....
2. Is IBM’s Watson Still Patent Eligible?Watson? It is an artificially intelligent computer system that is capable of answering questions presented in natural language. It is, in essence, the modern day equivalent to the all knowing Star Trek computer. It is flat out ridiculous to be asking whether the Star Trek omnipotent computer could be patent eligible, that that is where we find ourselves because what makes the computer unique is the software that makes it possible for Watson to perform 80 trillion operations per second. But Federal Circuit Judges say that mere fact that software is fast doesn't make it patent eligible unless there is...
3. Are Robots Patent Eligible?Why have claims if the claims don't matter. Essentially Judge Lourie, and the Canadian Patent Office too, are saying ignore the claims and read the specification to determine what the innovation is and then without regard to the language of the claims make your determination. Under this viewpoint claims are simply irrelevant. Yet we know that claims are not irrelevant, and such a view is directly contrary to the Patent Act itself. Ignoring claims is utterly ridiculous given inventions are not patentable. Patent claims are supposed to be evaluating NOT the entirety of the invention. The sine quo non of...

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1. Did the Federal Circuit Ignore the Supreme Court in CLS Bank?While the Supreme Court has done away with the "useful, concrete and tangible result" test from State Street Bank v. Signature Financial, in Bilski v. Kappos, 8 out of 9 Justices (i.e., everyone except Justice Scalia) signed onto an opinion that recognized that the patent claims in State Street displayed patent eligible subject matter. Indeed, the dissenters in Bilski specifically acknowledged that the claims at issue in State Street did not deal with processes, but dealt with machines. See Footnote 40 of the Steven's dissent. The import of this is that machines are specifically patent eligible subject matter, so if...
2. 5 CAFC Judges Say Computers Patentable, Not SoftwarePerpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. Software is what makes everything happen. or crying out loud, software drives a multitude of machines! Maybe the auto mechanic for Judges Judges Lourie, Dyk, Prost, Reyna and Wallach should remove the software from their cars. Perhaps as they are stranded and forced to walk to work they might have time to contemplate the world they seem to want to force upon the rest of us; a world hat clings to mechanical machines completely non-reliant on software. That will be great for the...
3. Business Methods (and Software) are Still Patentable!For at least the past 15 years, the legal, technical and academic communities have been debating the patentability of business methods and software. Despite much negative press ink, talk, legislative activity and court opinions, the answer with respect to patent eligibility is still a resounding and categorical “yes.” That’s the easy part. What types of business methods and software exactly are patentable? That is the difficult question to answer....

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1. The Good Steward – Turning Federal R&D into Economic GrowthBy SENATOR BIRCH BAYH --- What should we say about a steward that manages billions of dollars in public research funds not aimed at finding commercial products and turns them in to hundreds of billions of dollars in economic impact while supporting millions of jobs? You would think that a sincere “thank you” was in order. But many are saying that the system producing such riches is broken. Remarkable. The Bayh-Dole Act created no new bureaucracy, costs taxpayers nothing, and decentralized technology management out of Washington. It’s widely touted as a key in turning the U.S. economy around....
2. Study: Industry/University Partnerships Critical to EconomyA study released today by the Biotechnology Industry Organization (BIO) provides first-of-its-kind data on the importance of university/industry research and development partnerships to the U.S. economy. The study of university technology licensing from 1996 to 2007 shows a $187 billion dollar positive impact on the U.S. Gross National Product (GNP) and a $457 billion addition [...]...
3. University/Industry Partnerships Work: Don’t Kill the Golden GooseIf universities were run like businesses, they would not perform basic research designed to push forward the frontiers of learning. Indeed, industry has largely abandoned such research precisely because of its cost and risks. However, basic research is where breakthrough technologies such as biotechnology occur. The U.S. would be in dire straits if universities abandoned basic research seeking short term payoffs....

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