Patent & IP news for March 17, 2010

Tommy goes to PVH for $3bn from ipfinance.blogspot.com

It has been widely reported (see eg brancchannel here) that Phillips-Van Heusen has paid somewhere in the region of $3 billion in cash and stock for fashion brand Tommy Hilfiger.

Is this money well-spent? Phillips-Van ...

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Introducing Think IP Strategy from thinkipstrategy.com

We’re delighted to let you know that we’ve changed the name of our firm.

We’re now called Think IP Strategy.

Why?

The firm started nearly 6 years ago as a solo consultancy ...

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BPAI Finds Broadest Reasonable Construction of "Computer Program Product" Includes Non-Statutory Subject Matter from www.grayonclaims.com

Ex parte Peyrelevade (BPAI Mar. 17, 2010)

Today, the BPAI reversed an examiner's final rejection of claims and entered a new ground of rejection of claims related to a module that may be used ...

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Dhu process and the whisky Czar from ipkitten.blogspot.com

The IPKat is indebted to his friend Paul Walsh (Bristows) for pointing him towards a decision today from Mr Justice Arnold in the Chancery Division (England and Wales), Maslyukov v Diageo Distilling Ltd & Another [2010 ...

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Walking with elephants from ipbiz.blogspot.com

The re-vamped Trenton Train Station includes wall tiles depicting scenes from Trenton, past and present.

One of them depicts the elephants of Ringling Brothers, which used to walk right down Greenwood Avenue from a train ...

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Are Your Corporate Attorneys Harming Your Future IP Strategy? from dcipattorney.com

Entering into a corporate transaction without a careful review of the intellectual property (IP) involved can have negative consequences on your enterprise’s future IP strategy.  This is especially true when IP owners do not ...

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Another Federal Circuit Opinion on the Dangers of Late Application Filing from inventivestep.net

Last week, the Federal Circuit affirmed an invalidity ruling that a patent was invalid as violating the on-sale bar.  In Delaware Valley Floral Group Inc. v. Shaw Rose Nets, LLC, the inventor’s own deposition ...

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Request for En Banc Rehearing on Induced Infringement from inventivestep.net

Last month, the Federal Circuit issued its latest opinion on induced infringement.  Instead of clarifying a complicated area of patent law, the American Intellectual Property Law Association (AIPLA) and the Federal Circuit Bar Association argue ...

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CIPO Extension of Time Practice Notices are Now in Effect from dailydoseofip.blogspot.com

On March 11, 2010, the Canadian Intellectual Property Office (CIPO) announced that its practice notices regarding extensions of time for trade-marks and industrial designs have taken effect. The trade-marks notice (available HERE) and the industrial ...

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How better communications helps heavy industry from www.athenaalliance.org

One of the bias' out there is that heavy industries - such as shipbuilding - are the dinosaurs of the information age. They could not possibly be cutting edge on work processes or technology or any other ...

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McKool Smith Announces $105.75 Million Verdict for VirnetX in Patent Infringement Lawsuit Against Microsoft from www.infringementupdates.com

The following is excerpted from a McKool Smith March 16, 2010 press release that appeared at techweb: The law firm of McKool Smith is announcing a $105.75 million patent infringement verdict handed down today ...

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National Broadband Plan from www.athenaalliance.org

Yesterday, the FCC sent its National Broadband Plan to Congress. The goals of the Plan are:

Goal 1: At least 100 million U.S. homes should have affordable access to actual download speeds of at ...

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A Hidden Dragon at Dialog? from intellogist.wordpress.com

I’ve been meaning to post a short item about this for a while now – did anybody else see that Dialog is introducing a new Chinese full text patent collection in April? I saw the ...

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Settlement + Vacatur: Whitewashing an Invalidated Patent from www.patentlyo.com

In Gracenote, Inc. v. MusicMatch, Inc., the District Court (N.D. Cal. Judge Wilken) granted MusicMatch's motion for partial summary judgment – holding the claims of one of the patents invalid as anticipated. Within months ...

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Pfizer’s Erectile Dysfunction Claim for Viagra® Found Invalid from www.ipwatchdog.com

In the opinion, the BPAI agreed with the reexamination Examiner that any one of four (out of five) prior art references that contained descriptions of oral administration of the herb Yin Yang Huo (also known ...

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You Could Win a Free Book: Call Me on GotInvention Radio This Thursday Evening from sharpip.blogspot.com

An exciting new radio show for inventors and entrepreneurs, Got Invention Radio (GotInvention.com), is the creation of master inventor and entrepreneur, Brian Fried. This Thursday night at 7 pm CST, I have the privilege ...

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Inventorship in the 21st Century from www.iposgoode.ca

Keldeagh Lindsay is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. “In our system of patent law, the identity of the inventor is, for the most part, overshadowed by ...

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Introducing MioTek, LLC from www.ipprospective.com

I have anticipated the movement of IP legal practitioners from an “Ex Post Facto” practice to an “Ex Ante Facto” practice. Essentially, this move entails a move away from purely IP litigation or transactional practices ...

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50 Best Blogs for Biotech from www.patentbaristas.com

The Becoming a Radiologist Technician blog has listed its 50 Best Blogs for Biotech Students list to keep biotechnologists well-informed about changes in the field. The list includes many friends we follow closely and some ...

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Leibovitz Finds a New Creditor to Take Copyrights as Collateral from www.ipprospective.com

According to a recent Bloomberg article titled “How Leibovitz Found New Partner for $24 Million Debt, Archive“, Anne Leibovitz has apparently left her financial troubles behind with Art Capital and has solicited a new creditor ...

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Dr. Michelson Supports Patent Reform from www.patentlyo.com

Gary Michelson forwarded the following letter which he has also mailed to members of Congress. * * * * * March 17, 2010 I am writing in regard to the patent reform legislation currently before you. Abraham Lincoln had it...

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Judge Jones Construes Claims in Toyota Hybrid Case from www.wapatents.com

In a case that features Hollywood's David-versus-Goliath story of inventorship (for example see this link), independent inventor Conrad Gardner is suing Toyota for patent infringement of his U.S. Patent No. 7,290,627 ...

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Patent Trolls and Defensive Patent Aggregation: Two sides of the same coin? from www.iposgoode.ca

Fiona Li is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. A non-practicing entity (NPE) is a patent owner that does not manufacture or use the patented invention. NPEs ...

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Apple v. HTC: The Tragedy of the Anticommons from www.iposgoode.ca

Amanda Letourneau is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. News of Apple’s patent infringement lawsuit broke earlier this month and did not come as much of ...

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Lenz v. Universal Music: US Federal Court defines narrow recoverable damages for bogus takedown notices from www.iposgoode.ca

Nathan Fan is a JD candidate at Osgoode Hall Law School. In yet another Prince related copyright infringement suit, the Ninth Circuit in the U.S. has taken the opportunity to address the scope of ...

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What is the Difference Between Direct and Indirect Patent Infringement? from patents101.com

As noted in my previous post, many businesses are more focused on obtaining patent protection for their own innovations than on avoiding conflicts with the patents of others. But even when business owners are aware ...

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Claimed "without interruption" same as absence of teaching of interruption (Ex parte McGrath) from allthingspros.blogspot.com

Ex parte McGrath
(Appeal 2008-3485;  App. No. 10/419,121; Tech. Center 2100)
Decided: February 3, 2009

McGrath discloses a microprocessor which implements a particular instruction. The representative claim on appeal was a method which ...

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Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc. (Fed. Cir. 2010) from www.patentdocs.org

Federal Circuit Transfers "Hot Potato" Diagnostic Method Case By Kevin E. Noonan -- The Federal Circuit's majority decision in Laboratory Corp. of America Holdings ("LabCorp") v. Metabolite Laboratories, Inc., and Judge Dyk's dissent, illustrate ...

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