Patent & IP news for March 4, 2010

Patent Litigations

USPTO Stats

8,199
published
appl'ns
4,562
granted
patents
219
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Patent & IP Blogs

post image A matter of Opinion ... from patlit.blogspot.com

U.S. Patent Opinions and Evaluations is the title of a most impressive book by David L. Fox (senior counsel, Fulbright & Jaworski), published late last year by Oxford University Press. According to the web-blurb,

"this ...

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post image The EPO and the "milk cow" patent from ipkitten.blogspot.com

In case you were wondering what the "German language only" EPO press release of 3 March 2010 date is telling you concerning EP 1330552 ("marker assisted selection of bovine for improved milk production using diacylglycerol ...

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post image Does the doctrine of first sale immunize a buyer against trademark tarnishment? from ipbiz.blogspot.com



From the Bridgewater, NJ library lot on March 4, 2010.

Back in 2007, IPBiz illustrated the flaws in Hamilton, NJ being a "safest city" by illustrating a car parked in the library lot with six ...

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post image What if patents lasted 70 years? from duncanbucknell.com

For those who didn't just run screaming from the room, let's briefly discuss.

What would happen if patents were like copyright and lasted for 70 years?  Here are some examples:

  • Intellectual Ventures and ...

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post image False Marking: Senate Proposes to End False Marking Onslaught from www.grayonclaims.com

If the comprehensive patent reform amendment announced today is passed, qui tam plaintiffs who have been hunting for expired patent numbers to bring false marking suits will be out of luck.  Only "competitive[ly] injure ...

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post image Mr Muscle creams CIF in Delhi HC from spicyipindia.blogspot.com

The on-going dispute in the Tide/P&G; vs Rin/HUL comparative advertising matter reminded me of a recent order of the Delhi High Court lying in my inbox for a few weeks, dealing with ...

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post image "Keeping the patent system fit for purpose" from ipkitten.blogspot.com

An EPO post summarises the recent speech of current European Patent Office President, Alison Brimelow with the title "Keeping the patent system fit for purpose". A cynic might suggest that this begs the question as ...

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post image "Keeping the patent system fit for purpose" from ipkitten.blogspot.com

An EPO post summarises the recent speech of current European Patent Office President, Alison Brimelow with the title "Keeping the patent system fit for purpose". A cynic might suggest that this begs the question as ...

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post image Patently-O Bits and Bytes No. 322 from www.patentlyo.com

Chicago Area Creative Achievement Award: The Intellectual Property Law Association of Chicago (IPLAC) invites nominations for its 2010 Creative Achievement Award (formerly called the Inventor of the Year Award). In addition to recognizing inventors, the ...

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post image Public Patent Foundation Releases Free Claim Construction Dictionaries from www.grayonclaims.com

On March 1st, the Public Patent Foundation ("PUBPAT") announced that it has released claim construction dictionaries authored by Dr. David Garrod (PUBPAT Senior Litigation Counsel) free of charge to the public.  The dictionaries are available ...

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post image Mobile phone litigation: who's to blame? from patlit.blogspot.com


If a picture is worth a thousand words, we are all indebted to Nick Bilton for this marvellous depiction, on the New York Times' Technology BITS section, of the diagrammatic depiction (above) of the state ...

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post image Federal Circuit Finds No Prosecution Disclaimer and Affirms Claim Construction From Preliminary Injunction Hearing from www.grayonclaims.com

SEB S.A. v. Montgomery Ward & Co. (Fed. Cir. Feb. 5, 2010)

In this case, the district court, after holding a claim construction hearing, granted a motion for preliminary injunction in 1999.  The Federal Circuit ...

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Swiss-type Claims Are No Longer Acceptable at the EPO from www.patentdocs.org

By Bradley Crawford -- On February 19, 2010, the European Patent Office Enlarged Board of Appeals issued its decision in In re Abbott Respiratory, G 0002/08 (EPO Enlarged Board of Appeal 2010). In this decision ...

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Swiss-type Claims Are No Longer Acceptable at the EPO from www.patentdocs.org

By Bradley Crawford -- On February 19, 2010, the European Patent Office Enlarged Board of Appeals issued its decision in In re Abbott Respiratory, G 0002/08 (EPO Enlarged Board of Appeal 2010). In this decision ...

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Biotech/Pharma Docket from www.patentdocs.org

By Suresh Pillai -- MIT Dismissed as Party in RNAi Dispute The U.S. District Court for the District of Massachusetts has granted the joint motion filed by plaintiff the Max Planck Institute and defendant the ...

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Biotech/Pharma Docket from www.patentdocs.org

By Suresh Pillai -- MIT Dismissed as Party in RNAi Dispute The U.S. District Court for the District of Massachusetts has granted the joint motion filed by plaintiff the Max Planck Institute and defendant the ...

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Introducing Mary Zachar! from www.ipadrblog.com

PROFESSIONAL BACKGROUND: Mary Zachar is a lawyer and mediator with a contemplative law practice specializing in business and copyright matters. After practicing business litigation in Los Angeles for 25 years and raising two daughters, she ...

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EPO bans Swiss-type claims from patentability, gives green light to new dosage regimes from www.iposgoode.ca

Nathan Fan is a JD candidate at Osgoode Hall Law School. The EPO’s Enlarged Board of Appeal recently ruled that Swiss-type claims are no longer patentable in the EU, resolving the long-standing question while ...

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Rin v. Tide: P&G Goes to Court from spicyipindia.blogspot.com

According to the latest news reports, P&G; which own “Tide” has knocked the doors of the Calcutta High Court in relation to HUL’s controversial Rin advertisement.

According this news report, a few weeks ...

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Sometimes A Cigar Is Just A Cigar from www.patentlit.com

2010-1151 Taylor Brands v.  GB II Corp ED/TN 08-cv-325 Mag. Judge Dennis Inman Patentee Taylor appeals from the order of Judge Dennis Inman granting GB II summary judgment of non-infringement.  The case involves U ...

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Patently-O Bits and Bytes No. 322 from www.patentlyo.com

Chicago Area Creative Achievement Award: The Intellectual Property Law Association of Chicago (IPLAC) invites nominations for its 2010 Creative Achievement Award (formerly called the Inventor of the Year Award). In addition to recognizing inventors, the ...

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"Coalition for Patent Fairness" whacks new patent reform proposals from ipbiz.blogspot.com

From Tech Giants Pan Patent Reform Deal:

“It’s fair to say the high-tech community is highly alarmed by the draft of the compromise we’ve seen,” said Mark Isakowitz, a lobbyist who represents the ...

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Plagiarism: blame the staffer! from ipbiz.blogspot.com

Related to a recent accusation that Connecticut Republican Senate candidate Rob Simmons' "plan for prosperity" contained portions copied without attribution from talking points on the Web site of the National Federation of Independent Business, the ...

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Entire Operating System Cannot Serve as Royalty Base Where Only the Workspace Switching Feature is Accused of Infringement from docketreport.blogspot.com

The court granted defendants' motion to preclude testimony by plaintiff's damages expert to the extent such testimony was based on the entire market value rule. "[Plaintiff] alleges that the operating systems’ multiple virtual workspaces ...

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Issue 1/2010 of WIPO Magazine Now Available from dailydoseofip.blogspot.com

The World Intellectual Property Organization (WIPO) has recently published its 1/2010 (February) issue of WIPO Magazine on its website. Issue 1/2010 (webpage link HERE) is available as a complete download (in .pdf format ...

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THE USPTO ANNOUNCES A NEW PATENT PROSECUTION HIGHWAY USING THE PCT from patentablydefined.com

© 2010, Michael E. Kondoudis On January 29, 2010, the USPTO began participating in a new Patent Prosecution Highway (PPH) pilot program with the European and Japanese Patent Offices, in their capacities as PCT International Searching ...

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How Not to Work With Your Patent Attorney from 0.gravatar.com

Or, How a Patent Attorney Should Not Work With an Inventor This sad tale stems from the Federal Circuit decision earlier this week in Davis v. Brouse McDowell, L.P.A. Heather Davis was the ...

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How Not to Work With Your Patent Attorney from inventivestep.net

Or, How a Patent Attorney Should Not Work With an Inventor This sad tale stems from the Federal Circuit decision earlier this week in Davis v. Brouse McDowell, L.P.A. Heather Davis was the ...

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Xyggy and the Golden Egg from intellogist.wordpress.com

Many searchers wish that there was a simple patent searching tool that would spit out a series of neatly ranked, organized, and relevant results with the push of a single button. A veritable Golden Egg ...

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Tivo v. Echostar from gordononpatentcases.blogspot.com

This decision concerned an appeal from a contempt proceeding in which Echostar’s attempted design-around was found to be infringing.

Contempt proceeding. An initial issue was whether a contempt proceeding was the appropriate forum for ...

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EFF, 7,000 Petitioners Urge FCC To Protect Net Neutrality from www.ip-watch.org

The Electronic Frontier Foundation today submitted a petition to the United States Federal Communications Commission demanding the FCC fill a loophole in its internet regulations that could allow for internet filtering of allegedly copyright infringing ...

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Patents Obviousness Over Same Prior Art Raised During Ex Parte Reexamination from www.infringementupdates.com

The following is excerpted from a March 4, 2010 Harness Dickey news item regarding Media Technologies Licensing, LLC. v. Upper Deck Co., 2009-1022(Fed. Cir. Mar. 1, 2010): A divided Federal Circuit panel affirmed summary ...

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TiVo Stock Surges Over 50% on Patent Decision in EchoStar Case from www.ipwatchdog.com

TiVo, Inc. (NASDAQ: TIVO), owner of U.S. Patent 6,233,389, titled “Multimedia Time Warping System,” was a big winner today at the United States Court of Appeals for the Federal Circuit when the ...

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Apple Sues HTC on iPhone Patents, But Google is the Real Target from www.ipwatchdog.com

On March 2, 2010, Apple filed two lawsuits against High Tech Computer Corp. (aka HTC Corp.), HTC (B.V.I.) Corp, HTC America, Inc. and Exeda, Inc in the US District Court for the District ...

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New Senate Patent Reform Bill Details Released from www.ip-watch.org

United States Senate Judiciary Committee bipartisan leaders today released details of much-anticipated compromise legislation aimed at reform of US patent laws. The new bill ostensibly makes significant steps toward resolving longstanding differences in legislative efforts ...

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Senate Releases Lastest Amendments to the Patent Reform Act from 271patent.blogspot.com

The Senate Judiciary Committee announced today the details of an agreement on long-pending legislation to reform the patent system.  Senators Leahy, Hatch, and Senators Jeff Sessions (R-Ala.), the Committee’s ranking Republican, and Chuck Schumer ...

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How Can I Avoid Patent Infringement? from patents101.com

Small to medium-sized businesses and inventors are usually very focused on securing patent rights in the new aspects of their inventions. This is understandable. They want to be able to market and develop their inventions ...

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Breaking News Feed: Facebook’s Questionable Patent from www.iposgoode.ca

Jamie Goodman is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Facebook, a website whose primary platform is based around the notion of sharing, recently received an exclusive patent ...

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Qui Tam Actions in Senate Sights from www.patentdocs.org

Manager's Amendment of S. 515 Would Eliminate Most Suits By Kevin E. Noonan -- Over the past few weeks, close to perhaps one hundred actions, characterized as "qui tam" (or whistleblower) lawsuits have been filed ...

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False patent marking suit targets the FRISBEE disc from 1.gravatar.com

A newly-formed company based in Pittsburgh has filed a lawsuit against Wham-O and Nylabone Products, asserting that the FRISBEE flying disc is marked with the number of an expired patent.  In FLFMC LLC v Wham-O ...

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Qui Tam Actions in Senate Sights from www.patentdocs.org

Manager's Amendment of S. 515 Would Eliminate Most Suits By Kevin E. Noonan -- Over the past few weeks, close to perhaps one hundred actions, characterized as "qui tam" (or whistleblower) lawsuits have been filed ...

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False patent marking suit targets the FRISBEE disc from ipspotlight.com

A newly-formed company based in Pittsburgh has filed a lawsuit against Wham-O and Nylabone Products, asserting that the FRISBEE flying disc is marked with the number of an expired patent. In FLFMC LLC v Wham-O ...

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In A Third Action Against Mitsubishi, GE Asserts New Zero Voltage Ride Through Patent from greenpatentblog.com

In previous posts here and here, I discussed the General Electric Company’s (GE) two wind turbine patent actions against Mitsubishi, one in the U.S. International Trade Commission (ITC) and the other in federal ...

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