Top 5 Patent Law Blog Posts of the Week


Today we continue our weekly installment highlighting the best of the patent blogosphere from the past week. If there are any patent blogs you think should be highlighted by our Top 5, please comment on this post and we’ll check them out.

1) Patently-O: Overlapping Copyright and Patent Rights – This post takes a look at the Oracle v. Google (N.D. Cal. 2012) and how Oracle has argued that Google’s actions constitute both copyright and patent infringement  as the court considers whether Google improperly relied on Java OS code when developing its Android operating system.

2) Patent Docs: Otsuka Pharmaceutical Co. v. Sandoz, Inc. (Fed. Cir. 2012) – Following the Federal Circuit’s decision in Otsuka Pharmaceutical Co. v. Sandoz, Inc., this post provides an explanation of what makes a new chemical compound prima facie obvious, and the differences between obviousness and obviousness-type double patenting for a chemical composition-of-matter invention.

3) IP Watchdog: Patents World-Wide: Deciding Where to Pursue Patent Rights – This post discusses the means through which a company pursue patent protection around the world. The Patent Cooperation Treaty  and popular countries to get patent protection are highlighted, as is the impact of filing international patent applications via these different means.

4) Patents Post-Grant: Prometheus Based Patent Reexamination Requests? – This post shares how patentable subject matter challenges under 35 U.S.C. § 101 have no current vehicle for a patent challenger to pursue such arguments before the USPTO, and as such, challengers have become creative in their arguments.

5) CAFC Blog: Means-Plus-Function: The Achilles’ Heel – This post discusses the CAFC decision in Noah Systems, Inc. v. Intuit, Inc. and how the court found that a patent could become invalidated even after surviving challenges of reexamination when a challenger discovers the means-plus-function claim element resulting in a summary judgment of invalidity by the CAFC.

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