Patent Baristas

Pfiscal Responsibility

Pfizer announced that it has posted a list of U.S. medical, scientific and patient organization grants and charitable contributions made in the first quarter of this year, part of an ongoing drive throughout the company to increase transparency. 

Of a total $9.97 million in grants and charitable contributions reported for the first quarter of 2008, the largest grant – $3,420,318 – was made to the California Academy of Family Physicians in March for a three-year national health care professional education campaign to reduce the number of U.S. smokers.  Detailed descriptions of the types of support provided are available here. (via World Pharma News)

In re Bilski

The U.S. Court of Appeals for the Federal Circuit, in a 12-judge en banc hearing, asked for help in figuring out what to do with methods of doing business.  Among the questions presented in In re Bilski, the court was asked: “What standard should govern in determining whether a process is patent-eligible subject matter under section 101?”

In the polarizing case, which covers a covers a method of managing risk in selling commodities, the court received 44 amicus briefs (see Patently-O blog for many of the documents) as various entities took sides on how to define the patentability of business methods after the State Street decision.

The patent office argued that the Bilski method is ineligible for patent protection because it fails to claim a machine and because it does not involve a physical transformation. Pointing out that a change in trajectory could constitute a physical transformation, Judge William Bryson asked “Is a curveball patentable?” (via Law.com)   The court seemed to even question what it means to apply its own test for business method patentability (that the method produces a useful, concrete and tangible result).

Examining the Examiners

The new USPTO Examiners website (slogan: We Examine the Examiners) is a message board where practitioners can rate patent examiners.  While offering the disclaimer that posted messages are simply opinions of the message drafters,” the site seemed to offer as many — if not more — accolades as disparaging remarks. The post “This Examiner is a Stud!” sure catches your eye.

Frighteningly, it also allows patent examiners to rate practitioners so excuse us while we go check to see if we’ve been targeted…   (via Peter Zura’s 271 Patent Blog)

Red Cross Won’t Have to Change to Red Polygon

The American Red Cross can continue to use its mark (a red, well…cross) after a federal court ruled against Johnson & Johnson. J&J, which also uses the symbol, filed suit in an attempt to prevent the Red Cross and its licensees from using the “Greek red cross on a white ground,” claiming that it is a trademark violation and that the humanitarian group was barred from using it for commercial purposes.

But U.S. District Judge Jed Rakoff disagreed, noting that the American Red Cross had used the emblem for more than a century and was authorized to do so by various Geneva Conventions and the U.S. Congress. In his 34-page decision, Judge Rakoff said the “real question” was whether the permission given by U.S. statute to the American Red Cross to use its logo included commercial purposes. The judge ruled the answer was yes.

The judge left a part of the suit intact wherein J&J contends the American Red Cross purposefully interfered with its business relationship with two of the four companies. (via Pharmalot)

Where’s My &%$#@! 3G iPhone?

Rumors about Apple (finally) releasing a 3G iPhone are coming fast and furious with everyone pretty much confident that “the 3G iPhone will be unveiled in the coming weeks.”  Which means nobody knows anything for certain. But, those who read the tea leaves say everything now is looking towards Apple’s Worldwide Developers Conference in San Francisco starting June 9 and keynoted by Steve Jobs.

The worldwide 3G iPhone Watch has ramped up significantly after the current model iPhone sold out at Apple’s web site with no sign of restocking.  Added rumors say that the new model will come in 3 colors — black, silver and white — and sport GPS.  All I can say is that the 3G needs to be in my hands when I hit the ground in San Diego for BIO 2008. (via iPhone Buzz)