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Patents

BananaIP Counsels > Patents (Page 9)

Diamond v. Chakrabarty, 447 U.S. 303 (1980)

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First Publication Date: 21st December 2008 Issue Whether a live, human-made micro-organism is patentable subject matter under section 101 of the Patent Act. Holding Yes, a human made microorganism is patentable under section 101. Case Facts Chakrabarty discovered a process by which four different plasmids, capable of degrading four different oil compounds, could be transferred and maintained stably in a single Psuedomonas bacterium, which itself has no capacity for degrading oil. Chakrabarty's patent claims were of three types: first, process claims for the method of producing the bacteria; second, claims for an inoculum comprised of a carrier material floating on water, such as straw, and the...

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Apache License, Version 2.0

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First Publication Date: 10th November 2008 The Apache License applies to all software contributed by Apache or any other person under the license. Copyright and Patent License The license grants both copyright and patent rights over any software distributed under the license the licensee (any person receiving or using a software under the license.). The license grants the following rights under the copyright law: Right to reproduce the software; Right to modify the software; Right to publicly display; Right to publicly perform; Right to sub-license; and the Right to distribute the software in the form of object or source code. If a person contributing a software under the license holds...

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Rotec Indus. v. Mitsubishi Gajarsa Corp., 215 F.3d 1246 (Fed. Cir. 2000)

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First Publication Date: 30th August 2008 Case History Rotec is an assignee of the 291 patent and sells a system disclosed by the that patent under the name power belt. On AUGUST 9, 1995 the People's Republic of China solicited bid proposals for five units of a concrete placing system to be used in the Three Gorges Dam project on the Yangtze river. Mitsubishi corp and Mitsubishi International collectively called ME, a French corp. Potain, Johnson who was working on a design of a conveyor system prepared a bid with the help of Tucker Association TA. Tucker agreed to work as an independent...

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State Street Bank & Trust Co. v. Sign. Fin. Group Inc., 149 F.3d 1368 (Fed. Cir. 1998)

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First Publication Date: 30th August 2008 Case Facts Signature Financial Group Inc., herein after referred to as Signature was issued the US Patent No. 5, 193, 056, herein after referred to as '056' Patent. in the year 1993. The patent deals with a data processing system called 'Hub and Spoke', which enables the administrator of a mutual fund to combine the advantages of economies of scale in administering investments and the advantages of a partnership. The system does this by enabling a structure that organizes mutual funds in an investment portfolio as a partnership. State Street Bank tried to obtain a License...

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Topliff v. Topliff, 145 U.S. 156 (1892)

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First Publication Date: 30th August 2008 Case Facts A mechanical device was patented and a first reissue was filed within four months of the patent on April 9, 1872. The reissue was granted. Then after four years The second reissue was filed a little more than a month after the first was granted. In this reissue the specification was largely refrained, drawings changed in form not in substance and the claim was changed by adding a necessary phrase. Issue Whether a second reissue can be granted if the applicant alters the claim after refraining and changing the drawings? Holding The court held that a reissue can...

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Inamed Vs Lubomyr Kuzmak, 249 F.3d 1356 (Fed. Cir. 2001)

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First Publication Date: 24th July 2008 Case Facts Inamed Corporation was a licensee of Dr. Kuzmak as Dr. Kuzmak had four patents covering   devices and methods for surgical treatment of obesity. The patent in question was directed to a method for performing gastric banding surgery using a calibration tube and electronic sensor apparatus. In 1998, Inamed tried to re negotiate the terms of the license and when the renegotiation failed Inamed terminated the contract on December 6, 1998. Dr Kuzmak sent a letter dated December 21, 1998 to Inamed asserting that Inamed was infringing atleast 3 out of the 4 patents. Inamed...

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Rosaire v. Baroid Sales, 218 F.2d 72 (1955)

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First Publication date: 26th July 2008 Issue Does the earlier experiment by Gulf Corp. invalidate the patents of Rosaire as the inventions were known or used? Holding Yes, as the earlier experiments constituted prior knowledge and use according to Sec 102 (a), they invalidated the patents. Rule 102 (a) Facts Rosaire and Horvitz patents relate to the methods of prospecting for oil or other hydrocarbons. The methods claimed involve the steps of taking a number of samples of soil from formations which are not themselves productive of hydrocarbons, either over a horizontal area or a vertical down. Rosaire alleged that Baroid was infringing its patent. Baroid claimed invalidity...

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Weekly Patent News: Indian patent statistics, Interesting inventions, Nestle’s Patent Infringement Dispute, Apple versus Qualcomm and more

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“Indian patent statistics, Interesting inventions, Patent infringement disputes, Nestlé’s Skin Health accused of patent infringement, Teva and Eagle Pharma file patent infringement suit against Mylan and Fresenius, Qualcomm versus Apple – setback for Qualcomm and other Weekly Patent News updates,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design Quote of the Week “Design helps shape our everyday interactions through products, furniture, objects, or experiences.” - Co-founder and chief product officer of Airbnb Indian Patent Statistics There has been a massive drop in the total number of applications published last week. A total of mere 403 patent applications...

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Paris Convention for the Protection of Industrial Property, 1883 (Revised at Stockholm in 1967)

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First Publication Date: 7th January 2008 Monopoly and related rights have always been frowned upon by the law. The Statute of Monopolies, enacted in England in the year 1623, established that monopolies are not acceptable in law, but made a glorious exception in favour of patentable inventions. Therefore, although the statute prohibited monopolies, it specifically preserved the right of the royalty to grant patents for inventions by manufacturers. In pursuance of this individual government backed incentive mechanisms that prevailed in different parts of the world over a long period of time, there began an international movement towards forming a union of countries...

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Testing Parameters for Software Patentability

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First Published Date: 24th December, 2007 Abstract Patentability of computer programs is fraught with ambiguity because of multiple reasons. One of such reasons is the uncertainty and inadequacy of tests to determine patentability. Courts in the US have been struggling to evolve a test that would cover the complete continuum of innovation in computer programs, which manifests in terms of form or function or both. All tests adopted by the court either focus on only form or function, thus missing out the other. It is important for the legislatures and courts to understand the existing lacuna and to adopt a test that would...

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