The first thing that strikes me about this article is that the term “patent troll” carries many different meanings. The definition of patent troll suggested in the article “Rise of the Patent Trolls” by Joe Beyers[1] is “a company or business function whose primary business activity is to acquire patents for the purpose of offensively […]
Over the years, judicial and legislative efforts have dramatically changed the face of US patent law. Traditionally, the United States prescribed to a patent law regime which was territorial in nature, meaning that in order for a finding of infringement to be made, the infraction had to occur wholly within the United States. The recent […]
What first strikes me is how a patent could have been issued as it does not seem to be an invention to clear checks, yes, previously done manually and then started electronically. As we know, for a patent to be issued it has to be new. I mean, how did they get a patent for […]
In this age where the advancement and innovation of science and technology is heavily sought after as an ideal, and the “progress of science” specifically promoted by the US Constitution, it seems altogether inappropriate that Verizon was able to sue Vonage for damages amounting to US$58 million for infringing 3 of its patents that […]
In 2003, the Tufts Center for the Study of Drug Development (“Tufts”) estimated the cost to develop a new drug to be in excess of $850 million.¦lt;br /> Today, that figure is likely well into the billions. Tufts also found that approximately 20% of new drugs that enter clinical testing eventually receive U.S. marketing approval. […]
Upon discovery of the J. Craig Venter Institute’s (Institute) application for patent protection on a synthetic life form, called “Mycoplasma laboratorium”, the ETC Group promptly announced its intention to challenge the patent and urged the relevant authorities to reject the application as contrary to public morality and safety. The ETC Group does not contend that […]
India’s rejection of Novartis’ claim on drug improvements highlights the flexibility of India’s patent laws. Such flexibility stands in sharp contrast to the World Trade Organization’s efforts to set standards for intellectual property regulation (via TRIPS agreement) and has enabled India to become a worldwide producer of cheap drugs. Various health agencies have proclaimed the […]
A patent is a bundle of exclusive rights. This allows an inventor to make, use, and sell a novel invention, without the threat of competition. It may seem odd, then, to acquire a patent without any intention of using or making that patented invention. But a new breed of company, the conspicuously named “patent troll”, […]
The concept is simple, a recent Toronto Star article explains: `By the end of 2009, if all goes according to plan, paper cheques won’t be cleared any more. Instead, electronic images will be transmitted from one financial institution to another.’ Standing in the way of this bankers’ dream, however, is the American firm DataTreasury […]
The United States’ liberal approach to extending patent protection is best illustrated by the court in the Diamond v. Diehr case, where it states “anything under the sun that is made by man” is patentable as an invention. As Professor David Vaver opines in his text Intellectual Property Law: Copyright, Patents, Trademarks, the US courts’ […]