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Page 1 of 4 Archive - October 2007

GSK obtains injunction in continuations case

In what must be viewed as a serious reverse for the USPTO, it looks like the pharma company GlaxoSmithKline has obtained an injunction preventing the implementation of the office’s new claims and continuations rules, which were due to come into force tomorrow. As reported on this blog previously, the rules have generated considerable ire among patent professionals in the US, who believe they will make patents more difficult and more expensive to obtain. As yet there is no ...

Posted by Joff Wild, IAM Magazine on 31 October 2007 @ 12:00AM
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Post-auction sale boosts Ocean Tomo return

Well, I was right and wrong about the Ocean Tomo auction held last week. Right in that the auction itself generated less than the one held last April in Chicago, but wrong in that immediately after the auction another lot was sold for $550,000, so pushing the total up to slightly more than was raised in the spring. I would also be very surprised if lot 54 was not sold off as well. And a few others will go on top of that. That always happens. So, all in all, a pretty satisfactory ...

Posted by Joff Wild, IAM Magazine on 30 October 2007 @ 12:00AM
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Two patent financings just around the corner

Here’s something to keep an eye on if you are interested in IP financing deals. At the conference which preceded the Ocean Tomo auction last week, I chaired a session in which the speakers were Keith Bergelt and Ed Meintzer of Paradox Capital, a firm that specialises in various types of IP-related financings. They talked through how they put deals together (including the Betsey Johnson deal covered on this blog in early September), explained why specific IP expertise was ...

Posted by Joff Wild, IAM Magazine on 29 October 2007 @ 12:00AM
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Economist in patents are not evil shock

No, do not rub your eyes, this is true: an economist has written a paper on the patent system that does not conclude it is broken and needs fixing. On the contrary, his conclusion seems to be that it actually does the job it is supposed to do pretty well. The meat of "Do Patents Over-Compensate Innovators?", by Vincenzo Denicolò of the University of Bologna, is to a non-economist such as myself pretty impenetrable. So, to be honest, I do not know whether ...

Posted by Joff Wild, IAM Magazine on 26 October 2007 @ 12:00AM
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Solid not spectacular at the latest Ocean Tomo auction

I have just come back from Ocean Tomo’s autumn patent auction, held today (Thursday) in Chicago. From my back of the catalogue calculations it looks like the event raised $10,010,000. If this is the case, I believe it is slightly less than the amount raised at the last OT auction in the US. Although I did not record the exact amount at the time, my memory tells me that the April event saw $10 million plus a few hundred thousand generated. However, there does seem to have been ...

Posted by Joff Wild, IAM Magazine on 25 October 2007 @ 12:00AM
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AIPLA joins in continuations fight

The pressure is piling on the USPTO over its new claims and continuations rules. PatentlyO reports that the American Intellectual Property Law Association has now filed an amicus brief in support of GlaxoSmithKline’s request to obtain a preliminary injunction to prevent the rules coming into force next week. As I recently reported, the relationship between the office and the US patent bar seems to be at an all-time low right now; and the fact that the AIPLA has got involved in ...

Posted by Joff Wild, IAM Magazine on 25 October 2007 @ 12:00AM
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New counterfeiting treaty does not address the major issue

Two press releases on what is being called the Anti-Counterfeiting Trade Agreement (ACTA) found their way into my in-box today: one from the European Commission and the other one from the INTA. If the ACTA does come into force, then it looks like being good news for IP owners in that it will mean greater international co-operation in the fight against counterfeiting, including tougher enforcement measures and more information sharing. According to the Commission press release, ...

Posted by Joff Wild, IAM Magazine on 24 October 2007 @ 12:00AM
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The mystery of Big Blue's portfolio value extraction application

What is IBM up to now? It has emerged that the company has submitted a US patent application for: “A system and methods for extracting value from a portfolio of assets, for example a patent portfolio.” In the abstract to the application Big Blue describes it working thus: By granting floating privileges described herein, a portfolio owner can extend an opportunity for obtaining an interest in selected assets from the portfolio to a client who lacks the resources to ...

Posted by Joff Wild, IAM Magazine on 24 October 2007 @ 12:00AM
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Triumphant Kroes proclaims victory over Microsoft. Now all IP owners beware

The European Competition Commissioner Neelie Kroes announced in Brussels today that Microsoft has decided not to appeal the Court of First Instance’s decision last month upholding almost all of the European Commission’s anti-trust finding against the company in 2004. IP owners’ would do well to give particular attention to the following parts of the speech she made: I told Microsoft that its royalty rates were too high for the patents they claim are ...

Posted by Joff Wild, IAM Magazine on 23 October 2007 @ 12:00AM
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Salaries for licensing professionals in North America stagnate

The LES USA and Canada has produced its annual survey of compensation packages in the North American licensing profession. It is based on responses collected from 890 individuals, representing 28% of the society’s members. While the full report is available on-line only to the membership, there is a summary available to everyone. Among the highlights are: • The median compensation package, including bonus, is $157,500. • Those earning the most on average ...

Posted by Joff Wild, IAM Magazine on 21 October 2007 @ 12:00AM
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