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Indian Patent Office (IPO) has been conferred the status of International Search Authority (ISA) and International Preliminary Examination Authority(IPEA) under Patent Cooperation Treaty (PCT) Patent Process

Issue: April 2008

PRESS ROOM

USPTO’s new patent rules held invalid

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. 

Codon Devices settles Biotech Patent Infringement case with Blue Heron Biotechnology Inc.

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.

Schlage Lock Co. settles patent dispute with Todson

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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