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Page 1 of 3 Archive - October 2008

CAFC rejects Bilski appeal and clarifies US business method patents regime

The Court of Appeal for the Federal Circuit has handed down its decision in the Bilski case. In a main judgment written by Chief Justice Paul Michel, the court has denied the appeal by a 9 to 3 majority. It has therefore confirmed the decision of USPTO's Board of Appeal to uphold the rejection of the appellant's original patent application. Judges Newman, Rader and Mayer dissented. Following are some edited highlights. Page 10 of the decision: How does one determine whether a given ...

Posted by Joff Wild, IAM Magazine on 30 October 2008 @ 3:39PM
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Last chance to nominate top trademark teams

Every year World Trademark Review (WTR), the sister publication to IAM magazine, hands out its Industry Awards at an event timed to coincide with the INTA meeting. The awards are designed to pay tribute to in-house trademark departments or groups that have performed to an exceptional standard over the past year. Earlier this year, the magazine recognised a host of teams and individuals from all parts of the world at a reception in Berlin. Among those honoured at the event were ...

Posted by Joff Wild, IAM Magazine on 29 October 2008 @ 2:50PM
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Senior US patent figures get together to offer advice to new president

With a week to go before the US presidential and congressional elections, we are experiencing the calm before the storm. After a couple of years of tumult in America over issues such as patent reform and the disconnect between the USPTO and the patent bar, as well as the big Supreme Court decisions that have been handed down, everyone is taking a deep breath. And they are waiting. Waiting to see what either John McCain or Barak Obama will do about patents when they come into office, ...

Posted by Joff Wild, IAM Magazine on 28 October 2008 @ 5:13PM
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CAFC not pro-patent, litigation system works very well, says Chief Justice Michel

Paul Michel, the Chief Justice of the Court of Appeal for the Federal Circuit, has rejected claims that the US patent litigation system is broken. Instead, he believes, the evidence suggests that issues of cost and delays notwithstanding “it works very well”. During the course of a two hour interview I had with Michel last Friday in his office overlooking the White House (you can see the snipers all dressed in black and armed with rifles on the roof of the building when ...

Posted by Joff Wild, IAM Magazine on 27 October 2008 @ 7:13PM
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EPO chief's questions could open software patent can of worms and cause greater uncertainty

Nearly two years ago now, the UK’s most senior patent judge, Lord Justice Jacob, asked the EPO’s then-president Alain Pompidou a series of questions relating to the patentability of computer programs. There was, Jacob said, real uncertainty as to what the position was under the European Patent Convention and the situation needed clarifying. Pompidou rejected the request. That Jacob may actually have had a point was amply demonstrated a few months later when a president ...

Posted by Joff Wild, IAM Magazine on 27 October 2008 @ 11:35AM
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New book lifts the lid on IP value creation

In the past, most talk about IP exploitation has focused pretty much exclusively on monetisation. But as those on the coalface know, there is a lot more to it than that. Although some IP rights can generate direct revenues for companies, in many ways the real value of IP lies in other areas: the freedom to operate it can provide; the way it can underpin collaborative deals; its use as collateral in raising cash; and so on. This is something that IAM columnist Bruce Berman has ...

Posted by Joff Wild, IAM Magazine on 26 October 2008 @ 12:25PM
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Ex-AIPLA chief slams high-tech companies over US patent reform

Michael Kirk, who retired as the executive director of the AIPLA at the end of August, has claimed that high-tech companies have contributed to the creation of a significantly more hostile attitude to patent rights in the US. Speaking to IAM in an exclusive interview to mark his induction into the IP Hall of Fame, Kirk stated that the press and PR campaigns employed by companies - including Microsoft, Hewlett Packard, Cisco and Apple - that are members of the Coalition for Patent ...

Posted by Joff Wild, IAM Magazine on 23 October 2008 @ 11:14PM
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China salutes success of bank's IP-backed loans scheme

In 2006, the Bank of Communications Beijing Branch began offering loans to Chinese SMEs secured against IP assets. Since then 37 companies have borrowed a total of over 400 million yuan (around $58.5 million) in 44 separate deals. And not one has defaulted. When banks start lending money against IP assets, it has to be a pretty positive sign. I know that banks have a pretty poor reputation these days, but they are not going to make cash available to companies if they do not think ...

Posted by Joff Wild, IAM Magazine on 23 October 2008 @ 2:19PM
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Microsoft to have 50,000 patents within two years, Phelps reveals

You can always rely on Marshall Phelps, Corporate VP for IP policy and strategy at Microsoft, to give good value at events where he is speaking. And today proved to be no exception. In a session at the LES USA and Canada meeting in which Phelps was one of the panellists, he told delegates that within two years Microsoft would have a portfolio of around 50,000 patents – 25,000 in the United States and 25,000 in the rest of the world. The company’s filing strategy is ...

Posted by Joff Wild, IAM Magazine on 21 October 2008 @ 5:27PM
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A defining time for the IP market

I am currently in Orlando, Florida, attending the LES USA and Canada annual meeting. As usual, the event is top quality – you can always be guaranteed to meet some really knowledgeable people who are right on the IP value-generation coalface. And today was no exception. There was a great mix of senior people from operating companies and NPEs, as well as intermediaries and a few private practice lawyers. It all means you end up having some fascinating conversations. Obviously ...

Posted by Joff Wild, IAM Magazine on 20 October 2008 @ 11:43PM
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