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USPTO’s new patent rules held invalid
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USPTO in an attempt to streamline the patent examination procedure had proposed a change in the procedure, whereby the number of continuations would be reduced to three (3) and the total number of claims would be limited to twenty five (25) consisting of a maximum of five (5) independent claims, with effect from November 1, 2007. GlaxoSmithKline challenged the validity of USPTO’s Final Rules on Claims & Continuations and USPTO was enjoined from implementing the new rules by the District Court of Eastern District of Virginia. Finally, in a summary judgement dated April 1, 2008, the Federal court rejected the USPTO’s motion and declared the rules void because they are beyond the authority granted to the patent office. |
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Codon Devices settles Biotech Patent
Infringement case with Blue Heron Biotechnology Inc. |
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Massachusetts Institute of Technology, Duke
University and Codon Devices Inc. filed a patent infringement
lawsuit against Blue Heron Biotechnology Inc. on March 14,
2007 in the Federal District Court for the District of
Delaware. The plaintiff’s had claimed that five patents
related to genetic engineering were infringed by Blue Heron
Biotechnology Inc. Of the five patents involved, four were
owned by Duke University and one by Massachusetts Institute
of Technology. Codon Devices Inc. held exclusive licenses to
all the five patents. A settlement was finally reached between
the parties and the defendant was granted a perpetual, fully-paid
sublicense to utilize the patents for continuance of its commercial
gene synthesis activity. The defendant was also released of its past
activity with regard to the utilization of the five patents. The
financial terms of the settlement were not disclosed. |
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Schlage Lock Co. settles patent dispute with Todson |
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Schlage Lock Co., owner of the
Kryptonite brand of locks, filed a suit against Todson, distributor
of the OnGuard brand of locks involving a lock mounting bracket.
According to Schlage Lock Co., U.S. Patent No. 5,647,520 entitled “
Bicycle Lock Bracket with Splines” was infringed by OnGuard brand
of locks. Todson in order to resolve the issue, although denying
any infringement, entered into a settlement with Schlage Lock Co.
on March 7, 2008 regarding certain models including a number of Brute,
Pitbull, Bulldog and Doberman series locks of OnGurad brands sold
earlier with splined bracket system. Todson and his affiliates agreed
not to directly or indirectly sell, distribute, repair or replace locks
with a splined bracket system under the settlement terms and conditions. |
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