Patent & IP news for March 3, 2010

Patent Litigations

USPTO Stats

7,196
published
appl'ns
4,562
granted
patents
219
ptab
decisions

Patent & IP Blogs

post image Flames of 101 Stay Unkindled for Amazon from www.1201tuesday.com

I was starting to lose hope for some of the patent applications I'd written that were more on the Comiskey end of the 101 spectrum. Fortunately, yesterday's issuance to Amazon.com renews my ...

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post image Flames of 101 Stay Unkindled for Amazon from www.1201tuesday.com

I was starting to lose hope for some of the patent applications I'd written that were more on the Comiskey end of the 101 spectrum. Fortunately, yesterday's issuance to Amazon.com renews my ...

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post image "Tiger, Tiger Burning Bright ..." from ipkitten.blogspot.com

The IPKat just couldn't resist this one. Abe Sauer, writing in BrandChannel ("Tag Heuer Stays With Tiger Woods In China"), reports that, while Gatorade has joined Accenture and AT&T; in dropping golf maestro ...

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post image Valuation of copyright in drawings and equipment manuals from ipfinance.blogspot.com

A correspondent has written to ask the following:
"I have a question relating to valuation of copyrights in drawings and instruction manuals of plant and equipment (e.g. machinery).

Is the value of the copyright ...

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post image Momentos from www.patenthawk.com

Media Technologies sued Upper Deck for infringing two memorabilia patents: 5,803,501 & 6,142,532. After a trip to the CAFC on district court summary judgment over res judicata (reversed), trial court proceedings were ...

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post image Why Pre-litigation Mediation Works best for All Authors from www.ipadrblog.com

U.S. Statutory Remedies Unavailable to Unregistered Berne Foreign Authors, Making Pre-litigation Mediation a Good Strategy to Resolve Infringement Disputes for All Authors

Whether you are eligible under Section 412 of the U.S. Copyright ...

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post image Wednesday whimsies from ipkitten.blogspot.com

Are you attending the International Trademark Association (INTA) Annual Meeting in Boston this May? If so, you're welcome to attend the Pre-Annual Meeting Reception in London on Tuesday, 16 March. This event is hosted ...

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post image Wednesday whimsies from ipkitten.blogspot.com

Are you attending the International Trademark Association (INTA) Annual Meeting in Boston this May? If so, you're welcome to attend the Pre-Annual Meeting Reception in London on Tuesday, 16 March. This event is hosted ...

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post image Trademarks in China: The Toblerone® Case from sharpip.blogspot.com


Further progress in China's IP system is reflected in recent trademark litigation in China. See Vanessa Zhou's article on three-dimensional trademarks in China in a recent issue of World Trademark Review. She discusses ...

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Patent Public Advisory Committee to Meet on Wednesday, March 3, 2010 from www.patentdocs.org

By Sarah Fendrick -- The U.S. Patent and Trademark Office posted a notice on its website announcing that the next meeting of the Patent Public Advisory Committee (PPAC) will be held on Wednesday, March 3 ...

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Apple goes after HTC at ITC and in D Del from ipbiz.blogspot.com

On March 2, 2010, Apple filed complaints against HTC with the U.S. International Trade Commission, and the U.S. District Court in Wilmington, Del., which can award damages and grant an injunction against HTC ...

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Reverse Payments in Generic Drug Settlements - Part IV from www.patentdocs.org

Are the Courts or the FTC Misapplying the Law? By Kevin E. Noonan -- In its report on so-called "pay for delay" settlements of ANDA litigation (otherwise known as "reverse payments"), the Federal Trade Commission (FTC ...

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House Leadership Says It Lacked "Adequate Input" on Senate Patent Reform Bill from www.patentdocs.org

By Donald Zuhn -- Last Thursday, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) informed those watching the Committee's Executive Business Meeting that the Committee had reached a "tentative agreement in principle" regarding patent reform legislation ...

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Locke on the USPTO: "In some ways, it's like a Ponzi scheme" from ipbiz.blogspot.com

Within an article by Chris O'Brien in the Mercury-News, one has the text:

Still on the agenda is rethinking the way the patent office is funded. Filers pay a fee upon submitting an application ...

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The importance of face-to-face negotiations from ipspotlight.com

During contract negotiations, I have seen many parties place their deal points in writing and send them via e-mail to the other side. Sometimes, this results in back-and-forths where the parties “negotiate by document,” with ...

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Federal Courts Closely Scrutinizing and Slashing Patent Damage Awards from www.patentlyo.com

Michael Kasdan and Joseph Casino discuss recent shifts in reasonable royalty jurisprudence with a particular focus on the recent cases of Cornell, Lucent, and Lansa. Together, these decisions "indicate an emerging trend to more carefully ...

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Defendant May Not Present Jury Argument Concerning KSR's Change to Obviousness Standard from docketreport.blogspot.com

Plaintiff's motion in limine concerning the change in the obviousness standard since its patents were issued was granted. "Defendants argue that [KSR Int’l Co. v. Teleflex Inc.] changed obviousness and that '[i]t ...

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Good News for Design Patent Holders from www.uspto.gov

Now here’s some good news for patent holders, and especially for design patent holders.  Last week, the CAFC reversed an ITC decision holding that none of the interveners infringed U.S. Patent No. D517 ...

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Facebook Awarded Patent for "News Feed" Technology from dailydoseofip.blogspot.com

By Alison Plavin and Mark Reichel

On Tuesday, February 23, 2010, Facebook, Inc. was awarded a patent entitled "Dynamically providing a news feed about a user of a social network." This patent (U.S. Patent ...

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Toyota's "Books of Knowledge" from www.athenaalliance.org

By now everyone has heard of Toyota's problems -- with both their cars and their reputation. The company's problems have only gotten worse. The Chairman of the House Oversight and Government Reform Committee is ...

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Bridging the Physical/Digital Divide – Jurisdiction over Online Content from www.iposgoode.ca

Brian Chau is a JD Candidate at Osgoode Hall Digital data in the 21st century is often envisioned to be stored somewhere in a vast cloud of storage mediums – but at the end of the ...

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Does download dip denote disaster? from ipfinance.blogspot.com

In his article for FT Online, "Demand Dips for Online Films", Matthew Garrahan observes that recent research shows a decline in US consumer demand for movies online -- the business model on which the movie industry ...

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Does download dip denote disaster? from ipfinance.blogspot.com

In his article for FT Online, "Demand Dips for Online Films", Matthew Garrahan observes that recent research shows a decline in US consumer demand for movies online -- the business model on which the movie industry ...

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Pro se appellant outmaneuvers TTAB from ipbiz.blogspot.com

Super Bakery, Inc. (Super Bakery) filed a Petition for Cancellation of U.S.
Registration No. 2,966,255, owned by Mr. Benedict, on July 25, 2007. Mr.
Benedict did not comply with discovery requests but ...

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Patent Law Fun & Lessons: What Dilbert Teaches About Inventing from www.ipwatchdog.com

As you can see from the first cartoon in the series, the creator of a project has left the company and his unfinished project is being passed on to the hapless Dilbert. Scott Adams, through ...

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Fair Use Doctrine Under U.S. Copyright Law from ip-updates.blogspot.com

Authors rights under copyright law are subject to certain limitations, including the doctrine of “fair use” that was developed through a substantial number of court decisions over the years and has been codified in ...

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Fair Use Doctrine Under U.S. Copyright Law from ip-updates.blogspot.com

Authors rights under copyright law are subject to certain limitations, including the doctrine of “fair use” that was developed through a substantial number of court decisions over the years and has been codified in ...

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Patent Law Fun & Lessons: What Dilbert Teaches About Inventing from www.ipwatchdog.com

As you can see from the first cartoon in the series, the creator of a project has left the company and his unfinished project is being passed on to the hapless Dilbert. Scott Adams, through ...

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How to Effectively But Safely Tell the Story of the Invention from www.ipwatchdog.com

I’m sure some patent litigators will blanch at what I’m suggesting about telling the “story” behind the invention in a patent application because of all the supposed “admissions” that will be made. But ...

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Phasing Out the “Earn-Out” M&A Model? Even When IP Is the Main Draw of the Target? from www.ipprospective.com

This interesting article was in the Wall Street Journal today, titled “Google Slowly Moving Away from its “Addiction” to M&A; Earn-Outs”.    An interesting thought, but hardly believable.  While I am sure that Google’s ...

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The Doctrine of “Inherent Anticipation” in Canada: A Time for Review? from www.iposgoode.ca

Darren Hall is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Addressing the question of whether a prior use will anticipate an invention if that prior use was previously ...

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Blogging judge from ipbiz.blogspot.com

From Judge Gertner's entry in wikipedia: Gertner is to date the only Massachusetts judge to post to a personal blog. Though this has resulted in some criticism, Gertner maintains that judges are often too ...

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Gathering Information on Your Competitors: Competitive Intelligence or Trade Secret Theft? (Part 2 of 2) from dcipattorney.com

In a Part 1 of this post, I stated that engaging in competitive intelligence is not the same as, or synonymous with, engaging in economic or industrial espionage or the misappropriation of trade secrets.  That ...

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Will Apple's Patents Banish HTC Phones? from www.infringementupdates.com

The following is excerpted from a March 3, 2010 blog post by Jared Newman at PCWorld: Weighing the potential outcomes of Apple's patent infringement lawsuit against HTC, several IP and patent lawyers say HTC ...

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Rise in Restrictions: A Response from www.patentlyo.com

A Patent Examiner offered the following perspective on the seeming rise in the number of restriction requirements: The numbers cited in this article to indicate an enormous rise in restriction requirements within the biotech group ...

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Rise in Restrictions: A Response from www.patentlyo.com

A Patent Examiner offered the following perspective on the seeming rise in the number of restriction requirements: The numbers cited in this article to indicate an enormous rise in restriction requirements within the biotech group ...

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Case law you can use: functional equivalent not enough for anticipation from allthingspros.blogspot.com

Takeaway: When structure is claimed, a reference used for anticipation must disclose the claimed structure, not merely a structure that performs the same function. See In re Ruskin, 347 F.2d 843, 846 (CCPA 1965 ...

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Kappos Blog from www.717madisonplace.com

Director David Kappos is looking for your comments on the direction of design patent law.  He recently posted his insight on the Crocs v. ITC case and the Federal Circuit’s judicial gloss on the ...

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