Here is another listing of some interesting things I stumbled across over the last week, which I likely won’t have time to write a full article about, but which are worth knowing about and reading.
1. Judge Michel Speaks About “Junk Patents”, Damages, Trolls, and the PTO (271 Patent Blog)
Peter Zura quotes remarks from Judge Michel. In one part Michel says:
I’ve been on the court for twenty years and eight months, and I cannot ever remember seeing a single patent, I’m sure they’re out there, but I can’t remember seeing one where every single claim was invalid. I’ve seen innumerable patents where some of the broader claims either were indefinitely broader or were damn close, but in all of those cases, the narrower claims seemed to me equally clearly to be plainly valid. So what we really have is a problem of some over-broad claims getting through the system, slipping through the sieve that in the ideal world would catch them.
2. Are Short Drug Patents Hurting Patients (Forbes)
[B]ecause of a legal snafu, we’ll never know if Angiomax can help in all of these conditions: In 2001, lawyers representing the drug maker missed–by one day–filing for an automatic extension of the patent on the drug to make up for time lost to regulatory delays. That shortened Angiomax’s patent life by five years, making it unlikely the Medicines Company would ever make back its money if it funded the relevant studies.
3. New Administration, Same Result: U.S. Trade Representative’s Section 301 Report (from Patent Docs)
U.S. Trade Representative Ron Kirk issued a “Special 301 Report” on April 30. This report, on the state of intellectual property rights worldwide, identifies twelve countries on a “priority watch list” and another 33 on a “watch list,” all relating to deficiencies in intellectual property protection in these countries.
4. Intellectual Property Office approves software patent for UK (The Register)
Software that allows programmers to program a mobile phone system remotely from a computer can be patented because it is more than just a software program, the Intellectual Property Office (IPO) has ruled.
5. Intel Fine Jolts Tech Sector
This is good news for AMD. I am going to try and write about this in coming weeks, but this is a major development for technology companies struggling against Intel, Microsoft and other corporate giants.
European regulators hit Intel Corp. with a $1.45 billion fine — the largest ever assessed there for a case involving monopoly abuse — and called for changes in the way the U.S. company sells the microprocessors at the heart of most of the world’s PCs.
6. The Value of Top Patent Blogs (Intellectual Property Network)
Using WebTraffic24.com this blog gives the alleged value of the blogs that made up my top 25 patent blog list. It is an interesting read. IPWatchdog.com is apparently worth $143,787.91. Are there any buyers out there? In any event, I am working on a new, improved and revised version of the top 25 patent blogs, which should be ready soon. Technorati does not seem to be at all reliable any longer, so I am working on a new metric.
7. Capitalism in Crisis (Wall Street Journal)
This is not an intellectual property article, but rather an op-ed by Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit. Nevertheless, since I have written about how innovation can lead to recovery, I found it interesting and thought it worth passing along. I personally don’t think Alan Greenspan is to blame for the economic crisis, but that is another story for another day, likely on another blog.
8.India and the Drug Patent Wars (from American Enterprise Institute)
Indian patent law states that derivatives of known substances cannot be patented unless they can be shown to differ in terms of efficacy. Swiss drug company Novartis is suing the Indian government, claiming that the provision of the law is unconstitutional and violates international trade rules.
9. When Patents Are Not Enough (from American Enterprise Institute)
Congress is expected to pass legislation regarding follow-on versions of biologics in 2009. These pathbreaking drugs to treat cancer and other diseases are extremely complex and may need postdiscovery protection if their patents quickly succumb to legal challenges. Most of the major legislative proposals in the 110th Congress provided data exclusivity for twelve to sixteen years. In approaching the issue, Congress should act cautiously, relying on a few basic principles that do not suppress research and development (R&D) in this vital sector.
10. Commentary: Is Google Too Big to Infringe?
The settlement would authorize Google to scan copyrighted books and maintain an electronic database of books. Google will be able to sell access to individual books and subscriptions to the database, place advertisements on any page dedicated to a book and make other commercial uses of books. Google will pay the copyright owner 63 percent of revenue. The settlement should be rejected.
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