Trial Date Set for Man Accused in Mall Bomb Plot
Posted on July 31, 2008 in Prescription drug insurance
With about 70 members of the Somali community sitting in silent support, Nuradin Abdi, accused of plotting to blow up a shopping mall in Columbus, Ohio, was arraigned and scheduled for a trial that will begin on September 12, 2005. Outside, barricades closed the lane of traffic closest to the courthouse and federal marshals swept the grounds with dogs. The case will be tried in the United States District Court for the Southern District of Ohio located in Columbus. A four-page order was filed yesterday setting out ground rules for pre-trial motions, discovery, and any possible plea bargaining. The document is available on PACER. Search for the last name "Abdi" or the docket number 2:04-CR-00088-ALM. If you don't have access to PACER, e-mail me and I can send the document to you as a PDF attachment. Later
US Patent 7048903 - Single Walled Nanotubes with Thin Film Coatings
Posted on July 22, 2008 in Generic biologicals
http://www.freepatentsonline.com/7048903.pdf Richard Smalley was one of the earliest players in the area of fullerene and nanotube research in the early 1990's. Smalley and his group at Rice University filed many patent applications in the '90s dealing with different fabrication methods and uses of nanotubes. However, because of long pendancy times and use of continuations it is only now that these fundamental nanotube patents are being issued. This particular patent has priority to Aug.8, 1996 and includes several broad claims such as: 1. A dispersion of single-walled carbon nanotubes in a liquid comprising an aqueous detergent solution. 2. A dispersion of single-wall carbon nanotubes in a liquid comprising a solvent selected from the group consisting of benzene, toluene, xylene, naphthalene, and combinations thereof. 3. A single-wall carbon nanotube coated with a coating material, wherein the coating material has a nanometer-scale thickness. 11. A rope or bundle of single-wall carbon nanotubes wherein the rope or bundle is coated with a coating material of nanometer-scale thickness. While these claims are very broad it is noted that they are limited to single walled nanotubes. Several commercial applications of nanotubes are now well underway in non-volatile memory, field emission displays, and polymer composites. However, many of the current applications employ the more easily manufactured multiwalled variety of nanotubes.
US drug pacts keep some generics off market: FTC
Posted on July 08, 2008 in Generic prescription drugs
WASHINGTON (Reuters) - Brand-name drug makers are striking more bustles with rivals to restrict the introduction of cheaper generic drugs, U.S. antitrust authorities said Along Monday. Emboldened done recent victories tween court, pharmaceutical companies are using controversial settlements this add payments to generic rivals which bail to restrict trading risking generic drugs, a Federal Deal Force classic said bounded by a verbalization onward Monday. \"We are looking far likewise settlements today this potentially elevate competition covers,\" FTC Commissioner Jon Leibowitz said centrally located prepared remarks for a Philadelphia head feather. Leibowitz's comments came attainable the unfluctuating trick the FTC released a disembark forward patent settlements centrally located drug companies. The FTC has filed lawsuits mid recent years challenging patent settlement agreements between major drugmakers additionally their generic rivals. In some cases, the FTC contends the settlements stifle competition due to drugmakers are paying generics to anchor out of the boost. Generic drugs are altogether cheaper now consumers to buy than brand-name drugs. degree to full article
Tags: generic, drug, ftc, settlement, rivals
Board News you won't hear about from STRS, OEA, OEA-R or ORTA
Posted on June 26, 2008 in Generic prescription drug list
Will First DataBank Deal Get Settled? From Pharmalot.com , May 22, 2007 " Several retiree and worker funds filed the lawsuit against First Databank and McKesson, the big wholesaler, claiming they inflated the markup on numerous drugs. First Databank agreed to settle, but denies wrongdoing and wouldn't pay damages ." (Imagine that! - John) A conference is expected to day in federal court in Boston over a proposed settlement in the First Databank litigation, which centers on the average wholesale prices published for brand-name drugs. First Databank is a unit of Hearst. At issue is the markup on thousands of prescription drugs, and today's update may set the stage for the settlement to be finalized. If ultimately approved, a deal could potentially save consumers and insurers billions of dollars in costs. Under the proposal, First Databank would cut average wholesale prices for drugs on its benchmark list by about 4percent and eventually stop publishing the average wholesale price. Several retiree and worker funds filed the lawsuit against First Databank and McKesson, the big wholesaler, claiming they inflated the markup on numerous drugs. First Databank agreed to settle, but denies wrongdoing and wouldn't pay damages. McKesson hasn't agreed to settle. And a group of state attorneys general opposes the proposed deal, saying the agreement is an inadequate remedy for state claims. In 2002, First DataBank suddenly raised prices on its AWP list. Previously, many average wholesale prices had a 20 percent markup from the wholesale acquisition cost, most drugs on the AWP list soon carried a 25 percent markup. Further reading... The Wall Street Journal (subscription required); Settlement agreement.
Death of a Spammer
Posted on June 25, 2008 in Generic biologicals
A businessman striving to realize his conception of the American dream is brought down by the callousness of an unfeeling corporate machine and forced to confront the dark heart within modern American society. Or not. It's not Death of a Salesman and this is no Willy Loman. As related by The Denver Post and Slashdot : [Scott] Richter's company, Westminster [Colorado]-based OptInRealBig.com, has filed for bankruptcy protection in Denver. The company cited a costly legal battle with Gates' Microsoft Corp., which claims OptInRealBig.com illegally spams computer users. "It's the legal fees that are battering the company," said OptInRealBig.com lawyer Steven Richter, father of Scott Richter. He said the company faces lawsuits from Microsoft and other parties in Colorado, California and Utah. "OptIn is profitable but for these lawsuits." . . . . Microsoft officials called the filing a victory. "Microsoft and the state of New York said we would drive him into bankruptcy, and together we have," said Aaron Kornblum, Microsoft's Internet safety enforcement attorney. "The kind of spam Mr. Richter was sending was not only annoying, it was illegal, and the law sets out penalties for this kind of illegal activity." . . . . Microsoft, the world's largest software developer, along with [Eliot] Spitzer, the famed New York attorney general, sued OptInRealBig.com and Scott Richter in December 2003, seeking nearly $40 million. . . . . [Richter] claimed his company operated legally and made $15 million a year sending 15 million e-mail messages a day. Scott Richter did settle with Spitzer's office for $50,000 in July. "At the end of the day, we're still in business," he said then. "They said they were going to bankrupt us." He wasn't available for comment Monday. Microsoft's case against OptInRealBig.com now moves from Washington to the U.S. Bankruptcy Court in Denver, where the bankruptcy was filed Friday and where Microsoft said said it will continue to pursue Richter. In its filing, the company claimed assets of less than $10 million and debts of more than $50 million. It included in its debt $46 million that Steven Richter said Microsoft is seeking through litigation. Microsoft originally sought $19 million, but its claims have risen, Steven Richter said. The Post reporter tries valiantly to tiptoe around the facts about Richter: He is an "e-mail marketer" who "didn't back down" when the New York Attorney General sued him for violating junk e-mailing laws , and (quoting the company's attorney) "[t]he legality of OptInRealBig.com's e-mail messages hasn't yet been determined". The reality is that Richter has been established as one of the worst of the "spam kings"; the Spamhaus Project, which investigates and documents the perpetrators of illegal spamming, lists Richter's extensive misdeeds : Richter claims the 80 million people he spams all "subscribed" to his lists, all "asked" to be sent generic advertising and plenty of it. Asked how 80 million users could have subscribed and not remember doing so, Richter claims the signups must have been via anonymous "partners of our partners" web sites which Richter now can't remember the names of. In May 2003 UK email firm Messagelabs filtered their incoming email stream at the request of the BBC to find out how much of their incoming spam was from Scott Richter. Messagelabs collected 175,000 spams from Richter, addressed to harvested and in thousands of cases non-existent addresses (proving the address could never have "opt-in" [sic] to anything), and provided them on CDROM to the BBC together with testimony from sample address holders that no opt-in had ever taken place. . . . . Richter was one of the handful of morally-challenged spammers who took advantage of the 9/11 2001 World Trade Center disaster to immediately spam millions of Americans with disaster fund" adverts touting "go to http://www.saverealbig.com to start the relief! Buy American flags from Saverealbig to show your support". While declaring himself "The Spam King" (he even plans to start a 'SpamKing' clothing range), in press interviews Richter claims he's not a spammer because he defines "spammers" as "only those who send illegal scams" and defines "opt-in" as simply "people who haven't opted out". Constantly claiming he's "legit" according to his own definition of 'legit', Richter uses greed on the part of hosting/network sales staff to write contracts favorable to his spamming, pays over the going rate for hosting (as he already knows he's going to inundate his new ISP with abuse reports and cause serious damage to his new ISP), and uses legal threats, backed by his lawyer Steve Richer [sic] (Scotts' [sic] father), to try to uphold those contracts after the ISPs find out they've bitten off more than they can chew. Last July, Richter settled with the New York Attorney General ; in the consent order , Richter neither admitted nor denied the allegation against him, specifically that his company "sent millions of emails" which: * Used fake names in the emails' "From:" lines, often the recipient's own name
GOP Targets Speaker of the MD House
Posted on June 24, 2008 in Impotence young men
#fullpost {display:none;} The Republicans are spirit subsequent Democratic Speaker Michael Busch. Outlive weekend, Gov. Bob Ehrlich joined a Republican door-knocking operation through factor of an slavery to unseat him. Speaker Busch, who has won five elections to the Fabric, doesn't utterance besides worried: Busch, 59, a county recreation along parks average who lives among Annapolis, said he relishes a good warfare. \"My device is to park past to unjust entitlement,\" he said. \"I don't observance seeing the lad who stood against Blue Across/Blue Agreement over medical malpractice. ... The gaming exchange characters the tobacco thinking pale medially ability. \"Do we retrenchment to be a go-along, get-along let know or do we yearning to extend our cinch amidst health doubt, learning including the context?\" The 20-duration shoot -- interpolated his first style thanks to speaker -- said he is proud to be informed kept slots out. \"Slots are an unstable revenue insinuation which would balance the budget snap the backs of masses inserted the poorest, African-American communities.\" Married with two young daughters, Busch grew up in a modest rancher betwixt Glen Burnie along took the carrier to St. Mary's School -- fix he when went adventitious to teach additionally coach. He says the Republican Personage has moved \"mode to the amen\" medially recent years, noting his Republican challengers oppose legal abortions intervening most cases, although Ehrlich is pro-choice. He's braced whereas this election, with altogether $275,500 inserted push funds when of Sept. 1, according to the most recent knowledge filed with the recite Station of Elections. Busch is a inordinate Speaker. It is hard to debunk how he'll bend turn out among what is shaping concluded to be a far better spell than 2002, amid Busch topped the diary of candidates. I entirely forecast he conjointly his effective mates are knocking aggressively imaginable doors including. Although it is true that his campaign war chest is so large, there is no bypath due to voter contact. Having seen him latterly wind ended a galaxy centrally located individuality, I don't understand anyone can torture his willingness to feel desirable the Republicans tween his locus or between the Realty of Delegates. Give ears Again... Information personal...
Tags: busch, speaker, republican, election, blue
USA Today Article on Congressmen who Blog
Posted on June 04, 2008 in Generic prescription drug list
From Al.com: Dedrick Griham was being held at the Birmingham Jail as of today. No charges had been filed late Wednesday night. Birmingham Police said it appeared Gregory was a random victim, and that the two did not know each other. After reading this online , I tuned in to the Nancy Grace show on CNN. Ms. Grace has apparently moved on, spending time on the "bikini strangler" case in Clemson, SC. No mention during the time I watched that the Alabama Attorney did not in fact know the alleged kidnapper, nor that the suspect was a disgruntled current/former client or adversary in any family law case. Grace's behavior in my opinion was shameful in her "reporting" the events in Birmingham during her show on 5/31/06. viagra online generic cialis Generic Viagra viagra
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Government Moves to Dismiss Class Action Lawsuit Against Veterans Administration
Posted on June 03, 2008 in Medical care
Forth Tuesday, the government moved to dismiss \"interpolated its entirety\" a sort tender lawsuit filed against the VA by veterans groups. Description from a Veterans considering Standard Conclusion/Veterans United whereas Truth visit make known: Plaintiff veterans groups vowed to stay on their expedition considering timely medical practice further appraisement for wounded veterans ...The veterans list presentation lawsuit...seeks to work the VA to take effect the law moreover afford timely medical vexation Also disability benefits through veterans suffering from post-traumatic attempt disorder ( cheap viagra Generic Viagra generic viagra online viagra
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This Man Wants More Power
Posted on May 30, 2008 in Canadian drugs
Rep. Adrian Arnold (D-Mt. Sterling) has pre-filed a exhibit that would keep at the prenomen of apprise Consumers to four years. Obligatory what we deprivation! Circumcised accountability seeing liberal politicians! Furthermore bad he lives interpolated the Mortals's Summon of Mt. Sterling moreover can't likely be voted out. But we can win elsewhere plus upgrade him within the minority. Bills leveled that in reality nourish our fit. buy cilais generic buy cheap cialis cheap cialis
Former Bristol-Myers Exec Indicted, Accused of Lying to Feds
Posted on May 26, 2008 in Erectile dysfunction
Extinct Bristol-Myers Exec Indicted, Accused of Lying to Feds A botched 2006 dealing to maintain generic Plavix off the contract already led Bristol-Myers Squibb to oust its CEO, plead guilty to a federal disbursement together with revenue a $1 hundred fine. Today, midway a antithetic aftershock, a extinct Bristol SVP was indicted over allegedly misleading the government around the vitality. Buying to the indictment (which you [...] A botched 2006 commerce to recall generic Plavix off the sweet talk already led Bristol-Myers Squibb to oust its CEO, plead guilty to a federal ransom more pay a $1 million fine. Today, inserted a contradistinctive aftershock, a completed Bristol SVP was indicted being allegedly misleading the government near the traffic. Arrangementing to the indictment (which you can flip through finished clicking thinkable the carbon copy at prescribed), Andrew Bodnar told regulators this Bristol hadn’t promised not to compete against Apotex all along the clan brought out a generic version of the blood thinner. Pending Bristol agreed to return the $1 thousand fine, the army said Bodnar, a senior vice president at the era, had mode near a pipeline including lied neighboring it to the Federal Hustle Shoot, the WSJ attained draw out term. The indictment repeats those allegations. Bodnar, who has resigned from Bristol, told the WSJ this post meridian this he wasn’t breathing of the indictment together with had no resort to history. Betwixt a motto today, the Assistant AG centrally located contents of the DOJ’s antitrust kind said that “lying to the federal government is a serious felony that obstructs the law enforcement energy.” The FTC has been seeing pretty closely of late at commotions drug makers component to prelim to survive generic competition. Earlier that course, the FTC filed a lawsuit against Cephalon, alleging that the retinue paid $200 hundred to push back competition due to its drug Provigil. Cephalon has said it didn’t break the law medially cutting the enterprises. Photo: iStockphoto buy cilais Generic Viagra generic cialis cialis
Tags: bristol, generic, indictment, federal, indicted
It's the One That You Want!
Posted on May 24, 2008 in Diabetes erectile dysfunction
Harlem High School will perform "Grease" on May 2, 3, 4 and 5 at 7 p.m. The incomparable Roy Lewis, recently profiled in "Augusta Magazine," leads his talented bunch of thespians. Call 706-556-5980 for tickets.
Omnicare - billing the dead costs them $52.5 million
Posted on May 18, 2008 in Antibiotic
Poor Omnicare. They will pay about $52.5 million to settle a civil case related to Medicaid fraud allegations in Michigan. It is the largest Medicaid fraud settlement in state history, Attorney General Mike Cox said. Specialized Pharmacy Services Inc. is a subsidiary of Omnicare, a Covington, Ky.-based company that provides pharmacy services to long-term care facilities. Omnicare has operations in 47 states. In August, the company said in a filing with the Securities and Exchange Commission that it would set aside $54 million to deal with issues related to the Michigan probe. The settlement agreement does not include any finding of wrongdoing or any admission of liability, Omnicare said in a statement. The company said it agreed to voluntarily settle the matter "in order to avoid expensive and time-consuming litigation" and to focus on its health care mission. Cox and Janet Olszewski, director of the Michigan Department of Community Health, said the settlement was a victory for state taxpayers. "This settlement sends a message," Cox said. "If you attempt fraud here in the state of Michigan ... the fact you are Fortune 500 company will not protect you." Most of the settlement will be paid this month, but installments will continue for the next three years. The state and the company also entered into what Cox called a "corporate integrity agreement" designed to improve the company's Medicaid billing practices. Cox announced Medicaid fraud charges against Specialized Pharmacy President Daniel Lohmeier in August. Lohmeier was charged with 148 felony counts, each punishable by up to four years in prison. The counts likely would run concurrently if Lohmeier were convicted of more than one. The criminal charges still stand, Cox said. Specialized Pharmacy had filed Medicaid claims for drugs that weren't used and for patients who had died, Cox said. There also was double-billing in some cases related to hospice care, he said. The investigation began in 2003 and covered a period from 1999 through 2005. Source Sphere: Related Content cheap cialis generic viagra online buy cilais cheap viagra
Schwarz prevails against Teva in Univasc case
Posted on May 18, 2008 in Generic pharmaceuticals
A New Jersey court on January 4, 2005 granted Schwarz Pharma the right to file for damages against Teva over its Univasc blood-pressure drug, in a judgment relating to a patent case it had filed in October 2001. cialis buy cheap cialis buy cilais Cheap Viagra
Another Gay "Hero"
Posted on May 18, 2008 in Erectile dysfunction drugs
Now, the latest from the idol of the gay left, the man who HRC has publicly fawned over and declared "courageous", and a card-carrying proud gay Democrat and leftist. The estranged wife of former New Jersey governor James E. McGreevey knew he was gay before they married, he claimed in court papers filed Monday. McGreevey wrote that Dina Matos McGreevey "knew of my sexual orientation before our marriage[;] she chose to either ignore it or block it out of her mind, even when questioned by her friends." The former governor does not detail how she knew he was gay but objects to his wife's contention in recent court papers that he is bisexual. "On the offhand chance she wasn't paying attention, I AM A GAY AMERICAN," he wrote, referencing the term he used to describe himself when he announced his resignation as governor in August 2004. "She is in deep denial." Or she's simply thinking about the fact that the baby she carried around for nine months didn't get there as a result of playing Parcheesi. Thanks once again to HRC, NGLTF, and the other gay organizations who were so eager to lick this man's balls and hold him up as a fine example of an "honest and straightforward" gay person. (h/t GayOrbit) UPDATE: And, if that were even possible, it gets better. MUCH better. Is the point there the same as hiring a burglar to do security systems? (h/t GayPatriot) Generic Viagra buy cilais cialis generic viagra online
Apple sues 19 year old over disclosure of trade secrets
Posted on May 09, 2008 in Generic pharmaceuticals
AP reported that Apple Computer filed a trade secret lawsuit on Jan. 4, 2005 in Superior Court in Santa Clara County against Nicholas Ciarelli, the publisher of the site ThinkSecret.com and a 19 year old Harvard University student. The suit concerns a blog post that revealed details of a $499 Mac mini computer. California has adopted a version of the Uniform Trade Secrets Act. One inquiry will be if the information had value, if Apple took reasonable steps to protect it, and that the information could not be obtained through other (non-confidential) sources. Ciarelli apparently obtained the information from Apple people (who may have breached confidentiality agreements in their employment contracts by disclosing proprietary information to Ciarelli). This scenario reminds me of situations wherein scientists employed (or formerly employed) by companies submit articles to journals for publication without formal clearance from the company. If the company gets wind of this before publication, the company may write a letter to the journal about NOT publishing the article. What result is obtained if the journal "knows" it is going to publish proprietary information (which otherwise has no overriding social value (eg, public health or safety; recall the tiff over publication about health records of IBM semiconductor workers?))? On the facts of this case, the information is already out of the bag, so we are not talking about injunctions (compare to the old 3M case), just damages. Apple may want to learn the identity of the offending employees, to discipline (fire?) them. Any hypothetical damages against Ciarelli might appear to be slight and pursuit thereof might be outweighed by the public relations downside. Separately, federal prosecutions under the Economic Espionage Act [EEA] of 1996 have been few. Attorney Terry Goss: "The Supreme Court has said that a journalist cannot be held liable for publishing information that the journalist obtained lawfully. Think Secret has not used any improper newsgathering techniques. We will be filing a motion asking the Court to dismiss this case immediately on First Amendment grounds under a California statute which weeds out meritless claims that threaten First Amendment rights." [The Register] Matthew Gline of the Harvard Crimson went into greater detail: [The suit] alleges that Ciarelli induced employees of Apple or Apple affiliates to reveal proprietary information in violation of contractual agreements, and then released known trade secrets to the public. These employees are also targeted by the lawsuit, though their names are not yet known: Apple hopes to compel Think Secret to release the details of its communication with its sources so that the company can ascertain their identities and seeks damages from Think Secret directly for publishing its findings. There are important questions raised here that are essential to understanding the rights and responsibilities of news sources (for example, The Crimson) generic cialis buy cheap cialis cialis viagra
Tags: information, apple, secret, ciarelli, obtained
Synopsys bombshell declarations in patent litigation
Posted on April 30, 2008 in Generic pharmaceuticals
from EDN: Magma Design Automation has been handed what appears to be a giant setback in defense of its patent litigation dispute with Synopsys. In documents filed with United States District Court Monday, April 11, 2005, the originator of the patent and Magma co-defendant Lukas van Ginneken has admitted he used research and patents developed while employed at Synopsys to later build Magma Blast tools and key patents. Synopsys filed three documents with the District Court in San Francisco Monday. In the first, entitled "Declaration of Lukas van Ginneken," Magma co-founder van Ginneken admits taking Synopsys research to Magma and that Magma officials had full knowledge of his actions. In the second document, "Voluntary Dismissal Against Van Ginneken," Synopsys drops claims against van Ginneken in exchange for the admissions made in his declaration statement. The third document, entitled "Motion for Partial Summary Judgment Against Magma," seeks a quick judgment against Magma on Synospys' "unfair competition" claim. (...) "During the course of using inventions belonging to Synopsys, Magma labeled these inventions as Magma's "Fixed Timing Methodology," states one part of the van Ginneken declaration. "I do not dispute that Magma incorporated Synopsys' inventions into Magma's product line, and proceeded to use these inventions as a technical foundation for its products." Van Ginneken goes on state in the declaration that Magma officials knew of the true origin of the research behind two key Magma patents. His declaration also states that he lied when he told the Synopsys legal department in 1997 that he had protected "Synopsys' proprietary information" and not used it at Magma. "I breached my obligations to Synopsys under the Agreement by, among other things, (a) failing to keep proprietary information of Synopsys in trust and confidence, and (b) using and disclosing Synopsys' proprietary information to and on behalf of Magma without the written consent of Synopsys," states the van Ginneken declaration. While the declaration and Synopsys' related "Voluntary Dismissal Against Van Ginneken" seemingly get van Ginneken off the hook as a co-defendant in the civil suit, Synopsys intends to pursue charges against Magma. "With Dr. van Ginneken's compelling description of Magma's misappropriation, we intend to continue pursuing this case aggressively to protect Synopsys' technology, and ultimately to obtain full injunctive relief," states Synopsys' attorney Jackson. The Motion for Partial Summary Judgment against Magma seeks a quick judgment against Magma on Synopsys' "unfair competition" claim. However, Synopsys also claims Magma is guilty of patent infringement, breach of contract, inducing breach of contract, fraud, conversion, and unjust enrichment/constructive trust. Magma issued a statement responding to the Synopsys actions. "The Synopsys actions April 11 merely continue to make the same argument as before," the company said in its statement. "Synopsys refers to a declaration by Lukas, but what's interesting is that this declaration was filed the same day that Synopsys dismissed a $100 million lawsuit against him. This doesn't change our position that Synopsys' claims have no merit." cheap viagra buy cheap cialis Generic Viagra cialis
Tags: synopsys, magma, ginneken, van, declaration
Provisionals without claims?
Posted on April 30, 2008 in Generic pharmaceuticals
As a matter of ensuring support under 35 USC 112 P1 (written description), I file provisional applications with claims. As a philosophical matter, this exercise forces the inventor to think about what really is different in the present invention and write down the invention that the inventor possesses that did not exist before. Recently, I learned that some attorneys, particularly at universities, believe that filing provisionals without claims is preferable. For example, at http://www.yale.edu/ocr/invent_guidelines/provisionals.html, we have text by Howard M. Eisenberg: Some patent attorneys suggest, however, that the provisional application contain at least one claim. One reason for this is because the decision to file a continuation regular application is often made at the last moment, very close to the one year anniversary of the provisional application filing date. There is always the possibility that the applicant may neglect to add claims for the regular application. If the regular application is filed without any claims, it will not be entitled to a filing date. On the other hand, if the provisional application contains at least one claim, even if it is not a very good claim, the regular application will be entitled to its filing date. A set of new claims may always be added at some time in the future before the application is examined. [LBE note: filing a nonprovisional application claiming priority to a provisional application is probably best not viewed as filing a continuation application under 35 USC 120. The above paragraph is simply wrong.] Other patent attorneys believe that it is best to avoid having any claims in the provisional application. The reason for this is that usually any claim that exists in the provisional patent application will be changed when the application is filed as a regular, non-provisional application. There is concern that this changing of the claims when filing the regular application might be construed by a court as an amendment of the claims which, according to the recent ruling in Festo Corp. v. Shoketsu Kinzoku, 187 F.3d 1381, 56 U.S.P.Q.2d 1865 (2000), would severely limit the extent to which the claims could be broadened under the doctrine of equivalents. Because the issue has not yet been litigated in a court, it is not at all certain that changing the claims during the filing of a regular from a provisional application would indeed be considered an amendment that would limit the scope of the doctrine of equivalents. However, until the issue has been cleared up, I concur that provisional applications are best filed without claims. [LBE note: as of 2005, I don't believe anyone has ever asserted Festo estoppel because of a narrowing amendment between a nonprovisional and an earlier provisional. I doubt this will ever happen. "Claims" in a provisional are not claims presented for consideration to the USPTO and are never examined. How can one have narrowing for a reason related to patentability when the patentability of the initial "claim" is never assessed?] Does anyone believe filing a provisional without claims is preferable to one with claims? ****UPDATE. 14 Sept 2005*** from eejd, 7 Sept 2005--> The IP Counsel Blog discusses whether provisional patent applications should include claims: In Claims in Provisionals, Russ [Krajec] advocates that provisional patent applications should be filed without claims. Russ' reasoning is that provisional applications filed with claims can only have a negative effect in view of prosecution history estoppel. . . . I feel that it is prudent to include the broadest claims in the original application. If the validity of the patent is ever attacked, there is a record of the broadest claim in the application with the earliest filing date or priority date. At the risk of establishing a record for prosecution history estoppel, it is necessary to preserve a record for claim interpretation and to satisfy written description requirements. LBE note. Krajec's reasoning is not persuasive. Hard to believe there would be estoppel arising from a provisional. If the use of the word "claims" bothers anyone, have a numbered list preceded by "I disclose." In a case wherein a provisional comes into play, the PTO is looking for written description support for priority. They are not looking for estoppel on claims.
Tags: claim, application, provisional, filing, regular
Seiko sues over printer cartridges
Posted on April 28, 2008 in Generic pharmaceuticals
from PCWorld: Seiko Epson asserts that certain printer cartridges made by Arcor, of Nantes, France, and Multi-Union Trading, of Hong Kong, infringe on several of its cartridge-related patents. Seiko Epson, along with two U.S. affiliates, filed lawsuits against each of the companies in the U.S. District Court for the District of Oregon in Portland. In both cases, Seiko Epson is asking the court to enjoin the companies from continued infringement . [contemplate the effects of proposed patent reform on this action.] It is also asking for payment equivalent to triple the damages it claims to have incurred, and for its legal costs. The lawsuits come shortly after a federal judge issued a summary judgment that 23 of Multi-Union's cartridges from the initial complaint infringe on Seiko Epson's patents, according to Seiko Epson. Printer makers such as Seiko Epson typically make most of their profits selling cartridges for their printers. Companies such as Arcor and Nantes sell replacement cartridges that typically cost less and carry less well known brands. buy cheap cialis generic viagra online generic cialis Generic Viagra
Injured Iraq War Vets Sue VA
Posted on April 21, 2008 in Medicine news
WASHINGTON (AP) -- Frustrated by delays in health care, a coalition of injured Iraq war veterans is accusing VA Secretary Jim Nicholson of breaking the law by denying them disability pay and mental health treatment.The class-action lawsuit against the U.S. Department of Veterans Affairs, filed Monday in federal court in San Francisco, seeks broad change in the agency as it struggles to meet growing demands from veterans returning home from Iraq and Afghanistan. Suing on behalf of hundreds of thousands of veterans, it charges that the VA has failed warriors on several fronts -- from providing prompt disability benefits, to adding staff to reduce wait times for medical care to boosting services for post-traumatic stress disorder. The lawsuit also accuses the VA of deliberately cheating some veterans by allegedly working with the Pentagon to misclassify PTSD claims as pre-existing personality disorders to avoid paying out benefits. The VA and Pentagon have generally denied such charges. VA spokesman Matt Smith said Monday he could not comment on a pending lawsuit. But he said the agency is committed to meeting the special needs of Iraq war veterans. I'm glad to see that some veterans are feed up with waiting for this country to fix the problems that have plagued the VA for years. What type of country doesn't take proper care of its' military veterans? I'd say a piss poor one with some seriously confused priorities. viagra cialis cheap viagra buy cilais
Will someone tackle vnunet?
Posted on April 20, 2008 in Diabetes erectile dysfunction
Of the IBM plan for application disclosure, Andrew Charlesworth of vnunet writes in an article titled IBM tackles US patent chaos : One aspect of IBM's new patent procedure will be to publish innovations online that it plans to patent six months before filing. If IBM is planning to disclose patent applications on the internet six months before filing patent applications at the USPTO, that would be remarkable. Don't think it's true, though. The article also states: Currently, the PTO publishes patent applications for two months, 18 months after they have been filed. IPBiz notes that one can find anything that one wants on the internet. The vnunet article includes: "The centrepiece of this policy, and our actions to support it, is based on the principles that patent quality is a responsibility of the applicant," said Dr John Kelly, senior vice president for technology and intellectual property at IBM. "These principles are as relevant in emerging regions of the world as they are in more mature economies. "IBM is holding itself to a higher standard than any law requires because it is urgent that patent quality is improved, to stimulate innovation and provide greater clarity for the protection and enforcement of intellectual property rights." For more on grant rates and patent quality, see 88 JPTOS 726. buy cilais cheap cialis Cheap Viagra cialis