Patent & IP news for December 16, 2009

Patent Litigations

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USPTO Stats

7,006
published
appl'ns
3,945
granted
patents
90
ptab
decisions

Patent & IP Blogs

post image WIPO takes on the world's climate from ipkitten.blogspot.com

Not content with solving all known legal, economic, social and cultural issues arising out of intellectual property rights, the World Intellectual Property Organization (WIPO) is now tackling climate change. According to today's press release ...

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post image Star Wars: Court of Appeal stars in judicial sequel from ipkitten.blogspot.com

Star Wars is a science fiction movie franchise which is famous for its sequels. The IPKat notes, however, that life has a funny habit of imitating art. Accordingly, when Mr Justice Mann delivered his blockbusting ...

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post image The Interplay between Reexaminations, Preliminary Injunctions and Stays of Litigation from www.patentlyo.com

by Dennis Crouch Automated Merchandising Systems (AMS) v. Crane Co. (Fed. Cir. 2009)(nonprecedential) We are approaching the point that most patents being litigated are also undergoing a parallel reexamination at the patent office. Defendants ...

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post image Expert? from www.patenthawk.com

Experts are the litigation equivalent of hired guns. They are only as good as the guidance given by the attorneys providing their payday on what bullets to shoot where. A case in point is Intellectual ...

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post image The Presumption of Irreparable Harm? from www.patentlyo.com

In a non-precedential opinion, the Federal Circuit recently decided the important and open question of whether the Supreme Court’s decision 2006 in eBay v. MercExchange eliminated the presumption of irreparable harm associated that traditionally ...

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Does Intellectual Property Protection Still Matter? from patents101.com

In a recent blog post, Seth Godin seems to question whether trademarks, copyrights, and patents have value. He begins with the question “If we’re in the idea business, how to protect those ideas?” and ...

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From Jurassic Park to Bayh Dole: Crichton makes an Effortless Leap from Science Fiction to Policy Recommendation from spicyipindia.blogspot.com

(Image Location: http://upload.wikimedia.org/wikipedia/en/thumb/e/e1/Next_book_cover.png/200px-Next_book_cover.png)

Previously in Spicy IP, we have covered various aspects of the Bayh-Dole Act and the Indian Bill modeled along similar ...

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Plaintiff's Failure to Perform Pre-Suit Investigation Including "Essential Testing" Supports Award of Attorneys' Fees from docketreport.blogspot.com

Defendants' motion for a finding that the case was exceptional warranting an award of attorneys' fees was granted. "[Plaintiff] failed to make a proper pre-suit investigation. [Plaintiff's] allegation of infringement was based on nothing ...

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Means-Plus-Function Claiming, Expert Opinions from inventivestep.net

For many years, patent attorneys interpreted claims that included “means-plus-function” language as being very broad because it was not necessary to include the actual structure that performs the function in the claim. For a long ...

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Success in Open Innovation Requires IP Counseling on the Front End: Here’s How to Make it Happen from ipassetmaximizerblog.com

The 2009 Open Innovation Summit was held in Orlando two weeks ago. The event was attended by corporate practitioners of Open Innovation, including people from P&G;, GSK Consumer, Cisco, Whirlpool, J&J;, HP (here ...

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CAFC Rules Patentee’s Expert Failed to Sufficiently Identify Elements of Claimed Data Transmitting Means from www.ipwatchdog.com

A “black letter” rule of patent law is that infringement requires proof that the alleged infringing device includes all elements or limitations recited in the claim. Known alternatively as the “All Elements Rule” (AER) or ...

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Patent Coalition Established to Oppose Legislation Harmful to Small Businesses and Individual Inventors from www.ipwatchdog.com

SAN DIEGO, CA (Marketwire – December 15, 2009) – A group of organizations today announced that they have banded together to form the Small Business Coalition on Patent Legislation created to draw attention to current patent reform ...

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FDA and Xavier University Host Global Outsourcing Conference from www.patentbaristas.com

The FDA and Xavier University have co-developed the first annual Global Outsourcing Conference to be held June 13-16, 2010. GOC 2010, which is billed as “being designed collaboratively by FDA, Innovator Companies, and Contract Organizations ...

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Copenhagen Meeting: Third Tech Transfer Draft May Go To Ministers, With IP from www.ip-watch.org

COPENHAGEN - A third version of the draft text on development and transfer of technology was issued at the high-level climate meeting in Copenhagen on 15 December and includes language on intellectual property rights. It may ...

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Intel sued by FTC on Dec. 16 from ipbiz.blogspot.com

Intel, a member of the Coalition for Patent Fairness, has been sued by the FTC, who alleges the chip maker engaged in a decade-long campaign to stifle competition and strengthen its dominant position in the ...

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FTC sues patent reformer Intel for damage done to innovation and consumers from promotetheprogress.com

The Federal Trade Commission sued Intel today, claiming that the company's anti-competitive behavior over the last decade has harmed innovation and consumers. When compared to the company's patent reform efforts, the lawsuit reveals ...

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SpicyIP Tidbit: Madras High Court embarrassed over failure to reimburse 'Scientific Advisors' appointed under S. 115 of the Patents Act from spicyipindia.blogspot.com


In the recent case of Vittal Mallya Scientific Research Foundation v. Indfrag Ltd. the Madras High Court was highly embarrased when the Plaintiff's counsel bickered with the scientific advisor's (IIT Madras) over the ...

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Apple Patents iPhone Remote Control of Personal Computer from www.ipwatchdog.com

Among the thousands of patents issued by the United States Patent and Trademark Office yesterday was an interesting one granted to Apple, Inc. US Patent No. 7,634,163, titled “Remote control of electronic devices ...

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Expert witness failure from ipbiz.blogspot.com

In INTELLECTUAL SCIENCE AND TECHNOLOGY, INC v. Sony, the CAFC affirmed a grant of summary judgment against plaintiff-patentee.

At issue was a means plus function claim: For a means-plus-
function claim term, the term literally ...

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They Invented What? (No. 156) from anticipatethis.wordpress.com

U.S. Pat. No. 3,820,265: Animated Display. JW Note: Wishing a Happy Holidays to all! See you in 2010! This and other modifications of the invention will be apparent to those skilled in ...

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