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) FLL Global Innovation Award Ceremony On June 19, 2012, the FIRST® LEGO® League – a robotics program designed to get children excited about science and technology – recognized the finalists and winner of the FLL Global Innovation Award Food Factor® Season. According to the site, “The FIRST® LEGO® League Global Innovation Award is designed to encourage and assist FLL teams of 10 children and 1 adult to further develop their innovative solutions to real-world problems.  This year, the FLL Food Factor season challenged kids around the world to solve a food safety problem.” The winning entry was the “Shield of Protection Fruit Safe Label”, a sticker made out of food grade materials that would not peel off readily. To remove, the label must be scrubbed off with water, thus reminding people to wash fruit thoroughly prior to consumption.

2) Reuters: Kodak Sues Apple, Claiming Interference in Patent Sales – This article discusses how Kodak filed a lawsuit against Apple claiming Apple is the largest infringer of patents in Kodak’s digital-capture portfolio on top of being a  potential purchaser of those patents. According to the article, “Apple’s strategy has been to use its substantial cash position to delay as long as possible the payment of royalties to Kodak” and interfere with the sale, Kodak said.”

3) Patent Docs: USPTO Report on Genetic Testing Delayed – This post shares the U.S. Patent and Trademark Office’s report on “second opinion” genetic diagnostic testing has been delayed past its nominal deadline date of June 15, 2012.  Patent Reform Coordinator at the U.S. Patent and Trademark Office Janet Gongola is quoted as saying, “that the Report continues to undergo “interagency clearance” that has caused the delay.” The post also breaks down Section 27 of the AIA and how it provides a mandate for the USPTO to “conduct a study regarding the advisability of permitting “second opinions” for patented genetic diagnostic tests without patent infringement liability”.

4) IP Watchdog: Valid but Not Infringed, Merck’s Loses Blockbuster Nasonex® – This post reports on the U.S. District Court for the District of New Jersey’s ruling against Merck on the issue of patent infringement in its suit against Apotex Inc. and Apotex Corp. The post asks, “How could it be that Apotex would be able to submit an ANDA, essentially piggybacking on the information submitted to the FDA by Schering for approval of Nasonex® and not be infringing?”

5) Director’s Forum: Ensuring Quality Inter Partes and Post Grant Reviews – Director David Kappos’ blog post discusses the reasoning behind the USPTO’s claim construction standards with inter partes and post grant review proceedings. Kappos explains the “essential purpose” for the USPTO’s use of broadest reasonable claim interpretation and how switching to a stricter standard would, “impair the efficient operation of the Office and result in facially inconsistent results, as well as constitute bad policy for our country’s IP system.”

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