Patent & IP news for September 2, 2009

Is Intellectual Ventures revving up its lawsuit machine? Will we know when it does? from thepriorart.typepad.com

Today's Recorder has a story revealing that patent-holding giant Intellectual Ventures appears to be connected to a patent lawsuit recently filed in Chicago against Kodak and CDW Corp. Picture Frame Innovations, LLC v. Eastman ...

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Trade mark victory for the Queen from ipkitten.blogspot.com

The IPKat has come across a rare instance of a mark being refused registration because of the inclusion of a crown, contrary to Sections 4(1)(d) and 4(2)(a) of the Trade Marks ...

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That DHL case again from ipkitten.blogspot.com

The IPKat is grateful to his readers for providing him with further information on the reference to the European Court of Justice by the Cour de Cassation, France, of Case C-235/09 DHL Express France ...

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Criminalising patent infringement: some issues from patlit.blogspot.com

The debate over the proposal by celebrated inventor Trevor Baylis that patent infringement be the subject of criminal proceedings as well as actionable under civil law (reported by the BBC here) has triggered a good ...

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Patent Attorney Work Week from www.patentlyo.com

I built a dataset of all original patent applications that have been published January - August 2009. Using that dataset, I created the chart below showing the patent applications grouped by the day of the week ...

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Intellectual Ventures' "catch and release" gambit from ipbiz.blogspot.com

The initial game plan of Intellectual Ventures was based on the presumed preference of (potential) infringers to license rather than litigate. That is now being supplemented by a strategy of threatening to sell IV patents ...

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Novartis Persists In Challenge To Indian Patent Law; India Rejects More AIDS Drugs Patents from www.ip-watch.org

Undeterred by two previous decisions by Indian authorities holding that under Indian Patent Law, its leukaemia drug - Gleevec is not patentable, Novartis now wants to take the fight to the Indian Supreme Court. Meanwhile, also ...

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McKenna on Bessen and Meurer from ipbiz.blogspot.com

IP lightweight Barrie McKenna pushes Bessen and Meurer:

New research by Boston University law professors James Bessen and Michael Meurer, published in their 2008 book Patent Failure, paints a sobering look at patents in the ...

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Plagiarism of websites on the rise from ipbiz.blogspot.com

Carrie-Ann Skinner, writing about a report by FastHosts, noted:

According to research by the web hosting firm, there has been an 89 percent increase in the number of complaints about website material such as text ...

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"Hypothesize, experiment, litigate" from ipbiz.blogspot.com

In the October 2008 issue of Photonics/Spectra, Amanda Francoeur has an article Gordon Gould's Scientific "Patent" Method which comprises the steps of hypothesize, experiment and litigate.

The article mentions that Gould originally thought ...

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Provisional rights, 35 USC 154(d) from ipbiz.blogspot.com

In passing, note that the issue of pre-grant damages (provisional rights) was addressed in Pandora Jewelry, LLC v. Chamilia, LLC (D. Md. 2008). Patentee did not get them.

See also
Pandora Jewelry, LLC v. Chamilla ...

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TechDirt trashes Locke and Kappos from ipbiz.blogspot.com

In a post Commerce Secretary, New USPTO Head Suggesting They Want More Patents, Approved Faster, TechDirt goes after Locke and Kappos.

TechDirt has the usual non sequitur: The real problem, which becomes evident in reading ...

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ACLU Moves for Summary Judgment in Gene Patent Case from inventivestep.net

In May, the ACLU filed a lawsuit seeking to invalidate patents relating to genes linked to breast and ovarian cancers. Last week, the plaintiffs filed a motion for summary judgment in the district court. The ...

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DOJ Hits Pfizer with $2.3B Bill from www.patentbaristas.com

How do you know the government is upset about paying out all its money for health care? When you’re required to pay a record $2.3 billion civil and criminal penalty over unlawful prescription ...

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The Empire Strikes Back, Intellectual Ventures Style from www.ipwatchdog.com

Yesterday the 271 Patent Blog published an article titled Now it Begins? Litigation Rumors Surface Over Intellectual Ventures, which discusses how we may be starting to see the beginning of what might become an epic ...

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Open isn't risk free... just ask Microsoft from duncanbucknell.com

[By Ben Lehman]

‘Open’ business models do not remove legal risks traditionally associated with closed and proprietary systems.

Microsoft was recently ordered to stop selling Word and other office software due to an XML document ...

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Google patents (design) its user interface from inventblog.com

Via Gawker, Google has obtained (Sept. 1, 2009) a design patent that covers its user interface. USPN D599,372. What’s amazing to me is how long it took to obtain the patent, the application ...

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