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Merck Wins Singulair Victory Over Teva

Earlier today, Judge Garrett Brown of the United States Federal District Court for the District of New Jersey, issued an Order and Findings of Fact and Conclusions of Law in the dispute between between Merck and Teva Pharmaceuticals.  Judge Brown found that the patent in question, US Patent No. 5,565,473, was valid and enforceable, and that the Teva’s Abbreviated New…

What Should a CEO Know About Patents?

Last week I gave an interview to Mark McCarty at Medical Device Daily, which published on Monday, August 17, 2009.  We had a good conversation for almost two hours about all kinds of patent topics.  Sometimes when you talk to reporters you never really know whether they are following what you are saying, whether they will wait for that one…

More Work, Less Money for the PTO is a BIG Problem

Something came up in the comments to a post earlier today and I want to address it and definitively debunk the rewriting of history that seems to already be started with respect to who is to blame for the problems of the patent system.  The question arises with respect to whether the Patent Office has created their own mess by…

Fixing America’s Health Care System

On Thursday morning, August 13, 2009, CNBC aired a segment titled Fixing America’s Health Care System on Squawk Box, which is CNBC’s longest running program.  Appearing on the program were Dr. Scott Gottlieb, who is a former FDA deputy commissioner, Tommy Thompson, former Health & Human Services Secretary and Wisconsin Governor and Jim Greenwood, a former Republican Congressman who is…

Awaiting Kappos’ Decision on Claims and Continuations

On Thursday, August 13, 2009, U.S. Secretary of Commerce Gary Locke conducted a ceremonial swearing-in of Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. In his remarks before thousands of employees on the USPTO campus, Secretary Locke said “David is taking on a big job… Promoting and protecting U.S. inventions, innovation and creativity directly…

Understanding Intellectual Property Basics

Intellectual property is probably best thought of (at least in general terms) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are given are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both…

Inventors Beware: Yugo Prices Suggest Yugo Quality

As is the case with all recessions or economic downturns, more and more people are turning to inventing.  This is not at all surprising, and is in fact exactly what you would expect.  When finances are difficult people look to themselves for assistance, and to figure out how they can make a better tomorrow without relying on anyone else.  This…

Callaway Golf Loses Jury Verdict at the Federal Circuit

UPDATED: 8/15/09 @ 12:41pm – See: comment 1 In November 2008, the entered a permanent injunction in favor of Callaway at the conclusion of a patent infringement lawsuit in which Acushnet’s Pro V1 ball was found to infringed several patents obtained by Callaway when it bought Top Flite.  Originally, Callaway Golf Company brought suit against Acushnet Company, alleging that Acushnet…

Obscure Patent: Squirrel Teasing Bird Feeder

Squirrel teasing hanger assembly for a bird feeder [PDF ] [ HTML ] US Patent No. 6,619,229 Issued September 16, 2003 The patent explains that several types of bird feeders have been designed for preventing unwanted animals such as squirrels from eating the bird food in the feeder. The purpose of this invention, however, is not to get rid of…

Patent Injunction: Microsoft Ordered to Stop Selling Word

Yesterday, Leonard Davis, a United States District Court Judge in the Eastern District of Texas, ordered Microsoft Corporation to stop selling Word, an order that becomes effective in 59 days (i.e., 60 days from yesterday).  The permanent injunction issued after the conclusion of a patent infringement lawsuit brought by i4i Limited Partnership, a litigation where Microsoft was found to infringe…

United Inventors Association Membership Drive

I am a member of the Board of Directors for the United Inventors Association, which is a national 501(c)(3) non-profit organization. Since 1990 the UIA has been dedicated to inventor education & support. August is National Inventors Month, which coincidentally was was started in 1998 by the United Inventors Association of the USA (UIA-USA), the Academy of Applied Science, and…

Accelerated Exam in Inequitable Conduct Friendly Era

The United States Patent Office announced on March 13, 2007 that it had just issued the first patent granted under the then newly minted accelerated examination program, which was first brought into effect in August of 2006. The patent in question, , U.S. Patent No. 7,188,939, was granted to Brother International, Ltd. from an application filed on September 29, 2006,…

Upcoming PLI Patent Programs

Patent Bar Review September 22-26, 2009, New York City In clear, concise, right-to-the-point language, this information-packed course leads you through the intricacies – and around the traps – of the Patent Bar Exam. You’ll get the hard facts, test-taking tips, sample questions and answers, and intense practice exams that mirror what you’re going to face when you sit down to…

PLI Publishes 2009 Federal Circuit Yearbook

Each year, the Federal Circuit Yearbook provides a concise, comprehensive review of every patent decision published by the U.S. Court of Appeals for the Federal Circuit during the preceding year. The 2009 Federal Circuit Yearbook is now available, and includes all the information you need to catch up with what the Federal Circuit has been doing over the previous year. …

Faber on Mechanics of Patent Claim Drafting Updated

Last month the seminal PLI Treatise, Mechanics of Patent Claim Drafting, was updated with information on claim drafting tips and techniques post Bilski, and a few other juicy items.  Long time aficionados of the treatise will recall that this treatise was once upon a time called Landis on the Mechanics of Patent Claim Drafting, or simply the Landis Treatise.  Landis…