• ~されつつ / ~されながら
    in:  | 

    ~されつつ / ~されながら

    ~されつつ / ~されながら

    (BEING+PP)
    $$ It is important that the "break" command should reach the remote DTE as soon as possible, since it usually indicates that unwanted data is being received or the user wishes to terminate the call abruptly. / この「ブレーク」コマンドはできるだけ迅速に遠隔のDTEに到達することが重要である。というのも、それは通常、望まないデータが受信されつつあるときや、ユーザが急に呼を終了させたいことを示すからである。(USP6278696)

    $$ Optionally, the second base unit indicator light 68 can used to indicate that rechargeable battery (70, FIG. 3) in the pen is being charged. / オプションとして、ペン内の再充電可能電池(第3図の70)が充電されつつあることを表示するために、第2基地装置表示灯68が用いられうる。(USP6058304)

    $$ The optional indicator light 68 (e.g., an LED or NEON) is connected to the power control module 72 to indicate when the battery 70 is being charged. / オプションの表示灯68(例えば、LEDまたはネオンランプ)は、電力制御モジュール72に接続され、電池70が充電されつつある時、それを表示する。(USP6058304)

    (OTHERS)
    $$ Alternatively the rivets 50 may be pressed out of the channel 91 and captively held in the release member 112 for transfer to a delivery tube 6. / 代わりに、リベット50は、チャンネル91から押し出されて、解放部材112に保持されつつ分配チューブ6まで運ばれてもよい。(USP6692213): and

    $$ A third time-domain image 34 is provided within the composite image 30 aligned to the horizontal axis of the third spatial-domain image 36. / 第3時間ドメイン画像34は、第3空間ドメイン画像36の水平方向軸に位置合わせされつつ、複合画像30内に提供される。(USP7643670): PP

    $$ This provides and maintains sufficient entangling energy to reach through the web, so that fibres at the grain face entangle with each other while they are effectively moulded against the carrier. / これにより、ウエブを通して到達する十分な絡み込みエネルギーが生成及び維持され、そのため、肌目面の繊維は、キャリア上に効果的に形成されながら、互いに絡み込む。(USP8225469): while

    $$ Each section is electrically insulated from other sections and is connected to a control system to enable the illumination of the whole lamp (all the individual sections of the lamp simultaneously), each section separately or in any combination of sections. / 各セクションはそれぞれ、他のセクションから電気的に絶縁されながら、制御系に接続されて、各セクションが別々に、あるいはセクションの任意の組み合せでランプ全体の照明を可能にする(ランプの個々のセクションをすべて同時に照明する)。(USP8136278): and

    $$ The timing diagram shown in FIGS. 7(a) to (d) illustrate a typical sequence of memory accesses by the ACRTC 24 and the computer 10 as controlled by memory access arbitration unit 23. / 図7(a)から(d)のタイミングの線図は、メモリアクセスアービトレーション23によって制御されながら、ACRTC24とコンピュータ10によってメモリアクセスの典型的なつながりを説明したものである。(USP5559936): as+PP

  • Curious collection of stories on "CBS Sunday Morning" on 23 September 2018
    in: 未分類  | 

    Curious collection of stories on "CBS Sunday Morning" on 23 September 2018

    The cover story on Sandy Hook was sad: A battle currently pits parents still mourning the loss of their children in the Sandy Hook school shooting against purveyors of the most mean-spirited and outlandish of myths. Our Cover Story is reported by Tony Dokoupil

    Kurt Andersen was quoted in the piece, in turn quoting Patrick Moynihan:


    “As Daniel Patrick Moynihan famously said 30 years ago, many times, repeatedly, ‘You’re entitled to your own opinions but not to your own facts,'” said Kurt Andersen. “He was kind of joking back then. And we’ve come to this place where many, many, many millions of people feel absolutely entitled to their own facts.”

    Although the details of the case against Alex Jones were not enumerated, Floyd Abrams was quoted:


    Floyd Abrams is a respected First Amendment lawyer, famed for defending The New York Times’ publication of the Pentagon Papers. “This is a very tough case for Alex Jones to win,” he said, “because what he has said is so appalling.”

    He says Jones may have gone beyond the protections of free speech, and the consequences may be severe.

    The Almanac feature touching on “Typhoid Mary” was a bit grim: And now a page from our “Sunday Morning” Almanac: September 23, 1869, 149 years ago today … the day that saw the birth, in rural Ireland, of Mary Mallon – remembered today as “Typhoid Mary.”

    The piece by Dr. Sanjay Gupta somewhat indirectly addressed the Kavanaugh / Ford issue. Although the connection was made clear in the prefatory text –The question of whether alcohol affects memory hangs over the current Supreme Court confirmation battle. Here with some answers is Dr. Sanjay Gupta: –, the indicated conclusion was a bit oblique, with the story ending on a suggestion “to improve your memory”:


    Truth is: When it comes to alcohol and memory, people assume a lot of things – and a lot of those assumptions are wrong.

    (…)

    One study last year showed that in this situation mild- to moderately-intoxicated people had very similar recall as sober people.

    Now, there is a thing known as “blackout drunk.” That is not the same as “passed out drunk.” Someone who is blacked-out drunk may still be talking and walking. But they might be totally amnestic to the event, meaning they have no memory of it.

    The biggest culprit is not necessarily how much you drank, but how quickly they drank it – the binge drinker.

    With memory and alcohol you also have to consider how much time has passed. While a mild- to moderately-intoxicated person can remember things pretty well in the short term, their long term memories are much more difficult to retrieve.

    And to understand why, it helps to understand how memory works. You take in sensory information – see, hear, feel – and that almost immediately gets transferred to short-term memory. From there, short-term memories get encoded into long-term memory.

    It’s this last phase where alcohol seems to have the most impact. For someone who’s intoxicated, that encoding into long-term memory often doesn’t occur very well, or at all. And that is why days later someone may have a hard time remembering something that was so vivid earlier, but can’t retrieve the memory from the long-term stores, because the memories were never there in the first place.

    [Then, the narrative abruptly and oddly switches from absence of long term memory through binge intoxication (related to the viewpoint of the Ford scenario AND why Kavanaugh might not remember) to a recommendation to the general public]

    If you want to improve your memory, the best things you can really do: pay attention when something is happening; that helps a lot. And don’t forget sleep, because it’s when you sleep that your body consolidates and transfers your short-term memories to long-term memoriesm the kind you’ll have for the rest of your life.

    link: https://www.cbsnews.com/news/dr-sanjay-gupta-on-how-alcohol-affects-memory/

    The viewer was told there was no space for the news events of the coming week. CBS sunday morning calendar | We have it on Downloadsearch‎

    The moment of nature involved dolphins in the Red Sea. Previously, on Jan 21, 2018 , Sunday Morning did sea slugs in the Red Sea.

    ***Merely as background

    Christine Blasey Ford, Kavanaugh accuser, commits to public hearing this Thursday , including


    In a statement on Sunday [23 Sept. 2018], Ford’s lawyers Debra Katz, Lisa Banks and Michael Bromwich said their client “has agreed to move forward” with a public hearing before the Senate Judiciary Committee on Thursday, Sept. 27, at 10 a.m. on Capitol Hill. The legal team said that “important progress” had been made with committee staffers after a week of negotiations over the format and conditions of her testimony.

    “Despite actual threats to her safety and her life, Dr. Ford believes it is important for Senators to hear directly from her about the sexual assault committed against her,” the attorneys wrote. Committee Chairman Chuck Grassley confirmed the hearing would be taking place on Thursday in a statement late Sunday, calling it a “continuation of the hearing to consider” Kavanaugh’s nomination. Following Ford’s testimony, the statement said, Kavanaugh will then “appear before the committee.”

  • MBHB & Patent Docs Program on Biopharma Patent Law
    in: Conferences & CLE's  | 

    MBHB & Patent Docs Program on Biopharma Patent Law

    McDonnell Boehnen Hulbert & Berghoff LLP and Patent Docs will be hosting a CLE program on Biopharma Patent Law from 10:00 am to 1:00 pm on October 24, 2018 at the Boston Marriott Cambridge in Cambridge, MA. MBHB attorneys and Patent Docs authors Kevin Noonan and Donald Zuhn, and MBHB attorneys Josh Rich, Lisa Hillman, Sarah Fendrick, John Conour, and Nate Chongsiriwatana will provide presentations on the following topics: • Updates on Subject Matter Eligibility Analysis • Patenting Repurposed Drugs • Antibody Patenting after Amgen v. Sanofi • The State of Biotech Patenting: Challenges • Maximizing Patent Term for Products…

  • Court Report

    By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Mylan Pharma Acquisition Ltd. et al. v Fresenius Kabi USA, LLC 1:15-cv-06700; filed July 30, 2015 in the Northern District of Illinois • Plaintiffs: Mylan Pharma Acquisition Ltd.; Mylan Teoranta; Mylan Institutional LLC • Defendant: Fresenius Kabi USA, LLC Infringement of U.S. Patent No. 5,866,591 (“Stable Formulations of Remifentanil,” issued February 2, 1999) following a Paragraph IV certification as part of Fesenius’ filing of an ANDA to manufacture a generic version of Mylan’s Ultiva® (remifentanil hydrochloride for injection, used as…

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  • Lockout: ‘Escape From New York’ in space"; copyright infringement found in France

    See the post in Variety John Carpenter Wins Plagiarism Case vs. Luc Besson Over ‘Lockout’ on alleged borrowing from
    “Excape from New York” that appears in “Lockout.”

    In a ruling made public on 15 October 2015, the French court “noted many similarities between the two science-fiction films: Both presented an athletic, rebellious and cynical hero, sentenced to a period of isolated incarceration – despite his heroic past – who is given the offer of setting out to free the President of the United States or his daughter held hostage in exchange for his freedom.”

    Also in the Variety post: Multiple critics noted “Lockout’s” resemblance to “Escape From New York.” The setup is basically ‘Escape From New York’ in space,” wrote Variety‘s Justin Chang.

    Recall, as noted by Wikipedia, there was a potential third Snake Plissken film entitled Escape from Mars .

    ***Separately, note IPBiz is, according to Blawgsearch, the most popular “intellectual property blog” for the last month, ranking 64 overall, to IPKat’s 69.

    link: http://blawgsearch.justia.com/blogs/categories/intellectual-property-law?page=1&sortby=popularity&dispmode=expanded&popmode=month

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  • Guest Post: A Small Practice Note on Patent Family Licensing with a Billion Dollar Effect?

    By François deVilliers, Chief IP Counsel, Plantronics, Inc. When negotiating a patent license, the family of patents may not have matured fully yet. The “Licensed Patents” are thus normally expressly defined to be “anything related” to the original patents (typically continuing applications and foreign counterparts) and are listed in an exhibit that may be updated […]

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  • Sharon Israel, AIPLA prepare for Annual Meeting of IP Practitioners

    “It has met and exceeded my expectations,” Sharon Israel told me during a recent interview to discuss her term as AIPLA President, which concludes at the end of the AIPLA Annual Meeting next week. “I thought I had a good idea of what my year would be like, but it went beyond what even I expected. There is a lot to be said for what AIPLA does in terms of advocacy, education, member services and global outreach – it is a wonderful organization.”

    The post Sharon Israel, AIPLA prepare for Annual…

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  • A NASA journey to nowhere may be exactly what U.S. needs

    It’s unfortunate that NASA has had to operate in such a unfavorable climate, being pushed for more and more answers out of its space exploration program while suffering uncertainty in its federal funding amounts. It would be a mistake for Congress to ground NASA unless fine details on its Mars program are forthcoming. Having a goal oriented target has proven helpful for NASA, but scientific discoveries and the innovations that come therefrom are not easily or even appropriately quantifiable on…

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  • Michelle K. Lee Bobblehead

    Now that the USPTO has opened its Silicon Valley office, Santa Clara is offering its limited-time Michelle K. Lee Bobblehead.  Enter to win here: http://law.scu.edu/high-tech-law-institute/uspto-director-michelle-k-lee-bobblehead-giveaway/

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  • Conference & CLE Calendar

    October 20, 2015 – “Trust Everybody, but Cut the Cards” (McDonnell Boehnen Hulbert & Berghoff LLP) – 10:00 am to 11:15 am (CT) October 20, 2015 – “Will My Patent Make Cents? How Courts and the USPTO Affect Patent Portfolio Value” (American Bar Asso…

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  • WTO IP Committee Suspended Over LDC Extension

    Informal negotiations at the World Trade Organization between least developed countries (LDCs) and some developed countries over a public health extension for LDCs could not be finalised in time to be taken to the intellectual property committee meeting today and led to a suspension of the meeting for an indeterminate time. The WTO Council on […]

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  • Mylan’s EpiPen: Losing a Billion Dollar a Year Business Because of Trademark Choice and Usage?

    In a recent Bloomberg Business article, How Marketing Turned the EpiPen into a Billion Dollar Business, authors Cynthia Koons and Robert Langreth describe how Mylan turned a $200 million a year combination drug and device auto injector of epinephrine—used to help people with emergency allergic reactions to peanuts and other substances—into billion dollar revenues.  Brilliantly, Mylan’s CEO Heather Bresch decided to focus on outreach to parents with children with allergies–along with careful attention to legislation.  After significant marketing—read education—and taking advantage of a substantial increase in allergies in children, Mylan worked with Congress to pass federal legislation “encouraging states to have epinephrine devices on hand in schools.”  According to the article, 47 states now require schools to have epinephrine devices available.  Mylan has given free EpiPens to 59,000 schools and spent 34.2 million on advertising the EpiPen in 2014 alone. Mylan also is working on legislation to require access to epinephrine devices at restaurants, hotels “and anywhere people congregate.”  Mylan also has raised the price of the EpiPen “32% in the last year”—perhaps feeling the pressure coming. 


    What is the pressure?  A generic competitor and possibly genericide of the EpiPen mark.  A generic version of the EpiPen may hit the market this year pursuant to a settlement with Teva Pharmaceuticals—well before expiration of several of the patents covering the EpiPen.  Mylan does not appear to be worried.  Bresch stated: “You [will] not see the traditional market loss because of just the brand equity with EpiPen.”  I am not as optimistic because of the potential genericide of the EpiPen mark.  Genericide, and the consequential loss of protection for a mark, occurs when a mark essentially losses its ability to indicate the origin of the source of goods and merely becomes the word for the goods.  For example, marks such as Escalator and Elevator have lost trademark significance because the public came to understand those terms not as trademarks, but as names for classes of goods.  Ordinarily, a trademark for the patented product does not automatically become generic when a patent term ends.  However, it is possible that it might—depending on consumer understanding.  Mylan has a potential problem because of the incredible success of its device and the choice of a relatively non-distinctive mark—using the first three letters of the active drug ingredient coupled with a descriptive word for the appearance of the patented device.  Additionally, the stocking of EpiPens at schools may lead parents to believe that EpiPens are “the” product to be used to treat emergency allergy problems. 

    Interestingly, most pharmaceutical related trademarks must not only qualify for trademark protection, but are also regulated by the Food and Drug Administration and other regulatory bodies to ensure that there is not confusion with other pre-existing pharmaceutical related trademarks—particularly with prescribing physicians–and that they do not mislead as to purpose or effect.  Moreover, some case law in the U.S. requires a lower threshold for proving trademark infringement for pharmaceuticals because of the increased danger to human health associated with customer confusion with pharmaceuticals.  Thus, there is essentially a higher level of scrutiny applied to pharmaceutical trademarks which could lead to a court or the US Patent and Trademark Office to lean toward a finding of genericide in a close case.  Notably, the Bloomberg News article stated:  “And for doctors, who write prescriptions for the name they know best, the EpiPen brand “is like Kleenex,” says Robert Wood, a pediatric allergist at Johns Hopkins University School of Medicine.”

    Mylan may still have time to work on its trademark issues, but this case study highlights the importance of choice of trademark and monitoring trademark usage by relevant audiences.

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  • Federal Circuit Denies En Banc Request in BPCIA case

    by Dennis Crouch Following the Federal Circuit’s first interpretation of the Biologics Price Competition and Innovation Act (“BPCIA”), neither the patentee (Amgen) nor the biosimilar applicant (Sandoz) were satisfied. Each petitioned separately for en banc rehearing and both petitions have now been denied in a per curium opinion.  (Background from Andrew Williams at PatentDocs). Both parties will likely petition the […]

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  • Reputational Injury Confers Standing to Sue For Correction of Inventorship

    The Court expressly held that concrete and particularized reputational injury alone can give rise to Article III standing to correct inventorship under § 256. Recognition as an inventor of an important patent is as significant to an inventor’s career as is authoring a scientific paper. Further, pecuniary consequences may flow from being designated an inventor, particularly for professionals employed as inventors. Here, Dr. Shukh presented numerous questions of material fact concerning whether…

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