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ARZERRA better way to respond?

ARZERRA better way to respond?

By • on April 29, 2013

Prosecution history estoppel in light of Biogen v. GlaxoSmithKline           On April 16, 2013, the Federal Circuit affirmed a grant of summary judgment to GlaxoSmithKline (GSK) in a dispute with Biogen Idec over GSK’s Arzerra® treatment for chronic lymphocytic leukemia (CLL). The case’s holding, regarding prosecution history estoppel,

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Fed. Cir. Rejects Design Patent Application

Fed. Cir. Rejects Design Patent Application

By • on March 27, 2013

On March 26, 2013, the Federal Circuit denied the attempts of a mouthwash bottle designer to claim only certain portions of a Crest mouthwash bottle in a continuation application, thus affirming the PTO’s rejection of the application.    In re Owens, No. 2012-1261 (Fed. Cir. March 26, 2013).   At

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Final Rules for Third Party Submissions

Final Rules for Third Party Submissions

By • on July 20, 2012

On July 17, 2012, the USPTO published final rules for submitting prior art relevant to a pending patent application. Under 37 CFR 1.290, a third party may submit patents, published patent applications, or other printed publications

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PROTECTING INTELLECTUAL PROPERTY IN SUPPLIER DRAWINGS AND  SPECIFICATION SUBMISSIONS: “BLACK-BOXING”

PROTECTING INTELLECTUAL PROPERTY IN SUPPLIER DRAWINGS AND SPECIFICATION SUBMISSIONS: “BLACK-BOXING”

By • on March 26, 2012

          Automotive OEMs are highly reluctant, or frequently flatly refuse, to accept drawings or other technical information from component suppliers if that information is marked or otherwise indicated as being confidential.  This has led to instances of supplier proprietary information or designs

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Harness Dickey Stronger with Additional USPTO Location

Harness Dickey Stronger with Additional USPTO Location

By • on February 17, 2012

The United States Patent and Trademark Office (USPTO) recently announced that it intends to place six administrative patent judges with the Board of Patent Appeals and Interferences, at its Detroit, Michigan branch.  This will be in addition to hiring many new patent examiners for the new USPTO location. The

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USPTO Issues 239346 Trademark Registrations on 2011

USPTO Issues 239346 Trademark Registrations on 2011

By • on January 11, 2012

The USPTO issued 239346 trademark registrations in 2011. The most active trademark classes are Class 9 – scientific and electronic apparatus (24,590); Class 16 – printed matter (9692); Class 25 – clothing (14,355). The most active service mark classes are Class 35 – advertising and business (26,542);

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CyberSource v. Retail Decisions, Inc.

CyberSource v. Retail Decisions, Inc.

By • on August 22, 2011

In CyberSource v. Retail Decisions, Inc., No. 2009-1358 (August 16, 2011), the Federal Circuit held that an Internet-related method claim and a “computer readable medium” claim both fail to recite patent-eligible subject matter under 35 U.S.C. § 101, potentially calling into question the validity

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The Cost of Sloppy Claim Drafting

The Cost of Sloppy Claim Drafting

By • on August 18, 2011

In CBT Flint Partners, LLC v. Return Path, Inc., No. 2010-1202, -1203 (Fed. Cir. August 10, 2011), CBT appealed a district court’s judgment that a claim was invalid as indefinite.  The claim was for an apparatus comprising a network computer “programmed to detect analyze the electronic mail communication

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CAFC MYRIAD DECISION:     This is Not a “Gene Patent” Case

CAFC MYRIAD DECISION: This is Not a “Gene Patent” Case

By • on August 11, 2011

The panel decision in AMP v. Myriad Genetics, written by Judge Lourie, contained law and fact rulings consistent with the  Amicus Brief submitted by HDP on behalf of Gilead Sciences, Inc., Biogenerator and Elan Pharmaceuticals, Inc.   The CAFC held that a synthetic cDNA construct is patent-eligible

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USPTO PROPOSES AMENDING RULE 1.56 TO DEFINE MATERIALITY IN ACCORDANCE WITH THERASENSE

USPTO PROPOSES AMENDING RULE 1.56 TO DEFINE MATERIALITY IN ACCORDANCE WITH THERASENSE

By • on July 26, 2011

On July 21, 2011 the USPTO published a notice of proposed rulemaking to amend Rule 56 (37 CFR §1.56) to define materiality in accordance with the Federal Circuit’s en banc decision in as the Federal Circuit’s en banc decision in Therasense, Inc. v. Becton, Dickinson & Co., — F.3d. —

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