Patent & IP news for April 7, 2010

Patent Litigations

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5,887
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4,770
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167
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Patent & IP Blogs

post image HBO Executives Bitten By TrueBlood Trademark Lawsuit from www.iptrademarkattorney.com

Los Angeles, CA – TI Beverage Group, owner of the www.truebloodwine.com website, sued retailer Hot Topic and HBO executives Sophia Chang and James Costas for trademark infringement and unfair competition. TI makes both alcoholic ...

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post image Secret to blogging success from thinkipstrategy.com

Want to know a huge secret to successful blogging?

Check out the community and incredible leadership and content over at the Third Tribe.

Forums, videocasts, seminars, live Q&A; - everything you could possibly want.

There ...

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post image First-to-File vs. First-to-Invent from hallingblog.com

My good friend, Gene Quinn, of IPWatchdog, has am interesting post on the present patent reform bill.  http://www.ipwatchdog.com/2010/04/04/kappos-round-table-listening-continues-on-campus-of-uspto/id=10002/

His post brings up several interesting points.

Interferences ...

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post image Wednesday whimsies -- a little late from ipkitten.blogspot.com

While everyone else in the UK had their ears pressed to the radio, listening to the exciting news that a General Election had been called, the IPKat's friend Giles (Browne Jacobson) was scanning the ...

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post image I'm a Mediator -- Get Me Out of Here! from ipkitten.blogspot.com

There may not be such a thing as a TV Show Format Right, but that isn't stopping the World Intellectual Property Organization (WIPO) stepping in to help sort out disputes over programme formats. This ...

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post image Preventing Harassment in Patent Reexamination: MPEP § 2240’s Smoking Gun Requirement from www.patentspostgrant.com

The legislative history of 35 U.S.C. § 312 suggests that a purpose of the substantial new question of patentability (“SNQ”) prerequisite is to prevent patent owner harassment via seriatim requests for reexamination.[1] Consistent ...

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post image IP Finance Options: Understand Your Asset and Exit Strategy from www.ipprospective.com

(A few words from a macro - and very general - point of prospective)

Financing can come in all shapes and sizes. Generally, a start-up will (hopefully) have a great idea and leaders with a vision. However ...

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Transfer of Patent Ownership by Operation of State Law from 37thoughts.wordpress.com

On Monday, the Supreme Court denied certiorari in the case of SAP AG v. Sky Technologies LLC. Supreme Court Docket No. 09-819.  The Supreme Court thus let stand the holding of the Federal Circuit in ...

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AMP v. USPTO: What Everyone Else Is Saying from www.patentdocs.org

By Donald Zuhn -- Last week, the District Court for the Southern District of New York ruled in favor of the plaintiffs in Association of Molecular Pathology v. U.S. Patent and Trademark Office, finding the ...

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Gene Sequences held Unpatentable as the ACLU Defeats Myriad Genetics from www.iposgoode.ca

Alex Gloor is a JD Candidate at Osgoode Hall Law School Doctors, cancer patients and virtually the entire biotech industry are joined in celebration after a District Court ruling in New York invalidated two important ...

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Court limits FCC authority to address “net neutrality” from ipspotlight.com

“Net neutrality” is a phrase commonly applied to the idea that access to the Internet should not be subject to tiered or content-based pricing or download speeds.  Net neutrality supporters advocate that Internet service providers ...

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Reexam Statistics Favor Denial of Stay Pending Rexam from docketreport.blogspot.com

In denying defendant's motion to stay pending ex parte reexamination, the court concluded that reexamination statistics weighed against a stay. "According to the PTO’s Ex Parte Reexamination Filing Data dated June 30, 2009 ...

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PTO Launches Ombudsman Program from inventivestep.net

Yesterday, the PTO announced the launch of a new ombudsman pilot program.  This is the latest intiative by Director David Kappos to work cooperatively with patent applicants in conducting the business of the Office.

The ...

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Special Report: The Significance Of Europe’s Ruling On Google Ads And Trademarks from www.ip-watch.org

The European Court of Justice’s recent ruling in Google v. Louis Vuitton Malletier SA has been hailed a major legal victory for Google and other search providers. That, however, is only part of the ...

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Brazil, US Reinvigorate Talks On Trade Retaliation from www.ip-watch.org

Brazil’s imposition of trade countermeasures against United States products and intellectual property rights, following a World Trade Organization (WTO) ruling, might be averted as the two countries are working toward a negotiated settlement. Related ...

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Innovative Financing for Innovation from www.athenaalliance.org

As the U.S. economy evolves, intangible asset investments are becoming vital to economic growth and sustainability. But, as our new paper "Intangible Assets: Innovative Financing for Innovation" outlines, intangible assets can also be the ...

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Joint Inventorship from gordononpatentcases.blogspot.com

Vanderbilt Univ. v. Icos Corp.
  • "The interplay between conception and collaboration requires that each co-inventor engage with the other co-inventors to contribute to a joint conception."
  • "A primary focus of section 116 has thus always ...

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False Marking - Federal Circuit Holds Pequignot v. Solo Cup Oral Argument from www.grayonclaims.com

Yesterday, the Federal Circuit held oral argument in the Pequignot v. Solo Cup false marking litigation.  Judges Lourie, Rader and Gajarsa sat on the panel.  The oral argument itself (available as an mp3 file from ...

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"Discovery" already known? from ipbiz.blogspot.com

Of relevance to patents relating to native plants outside the US (e.g., neem) is the headline Giant lizard discovered in the Philippines relating to the "discovery" of a large fruit-eating lizard on the island ...

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Things I Learned: An Inventor’s Journey from Idea to Market from www.ipwatchdog.com

It generally takes a lot longer and costs a lot more to get an idea licensed. New ideas are hard to sell. The capable companies are not interested because they are generating their own ideas ...

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United States Sees Spate Of Intellectual Property Policy Activities from www.ip-watch.org

In the aftermath of the recent protracted fights over healthcare, the United States has seen a wave of intellectual property-related policy activity Related Articles:

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The Uspto’S Newest Pilot Program - The Patents Ombudsman from patentablydefined.com

© 2010, Michael E. Kondoudis

Have you ever had a question about an application in prosecution but have been unable to find the correct person to assist you?  Have you ever been unsuccessful in obtaining assistance ...

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Europe Learns The Truth(s) About Anti-Counterfeiting Trade Agreement from www.ip-watch.org

The truth about the Anti-Counterfeiting Trade Agreement (ACTA) is different depending on which side you are on. Related Articles:

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Patently-O Bits and Bytes: Queries from Readers from www.patentlyo.com

Query 1: A means-plus-function claim is limited to corresponding structures found in the specification as well as their equivalents. In litigation, is the process of identifying corresponding structures merely claim construction that is reviewed de ...

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Means-Plus-Function Claims: Defining the Scope of the Corresponding Structure from www.patentlyo.com

Pressure Products Medical Supplies, Inc. v. Greatbatch Ltd. (Fed. Cir. 2010) A five-judge Federal Circuit panel has narrowed the district court's construction of the patentee's means-plus-function claim limitations. This decision might be seen ...

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Tip: Trademark and Copyright Audit from ipelton.wordpress.com

Do you know if all your business’ brands are properly used, protected, and registered?  Are you sure that each potentially valuable trademark has been identified (such as blog and website titles, re-designed logos, new product ...

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Spicy IP Tidbit: Cross Retaliation by Brazil succeeds from spicyipindia.blogspot.com

In what surely represents a big victory for Brazil, after its long standing dispute with USA over their illegal cotton subsidies, Brazil and US have reached a preliminary agreement just 1 day before Brazil was ...

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Fractus and Motorola Sign a Global Patent Licensing Deal Relating to Antenna Technology from www.infringementupdates.com

The following is excerpted from an April 7, 2010 Fractus press release published by Business Wire: On April 7, 2010, Fractus S.A. of Barcelona, Spain announced that it has entered into a non-exclusive, worldwide ...

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Means-Plus-Function Claims: Defining the Scope of the Corresponding Structure from www.patentlyo.com

Pressure Products Medical Supplies, Inc. v. Greatbatch Ltd. (Fed. Cir. 2010) A five-judge Federal Circuit panel has narrowed the district court's construction of the patentee's means-plus-function claim limitations. This decision might be seen ...

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They Invented What? (No. 165) from anticipatethis.wordpress.com

U.S. Pat. No. 3,984,595:  Inflatable rug.

 

What is claimed is: 1. An inflatable rug comprising a rug member laminated on top of a generally planar flexible walled hollow backing member, the walls ...

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Urgent Request for Help: JPC Report and Indian Bolar Provision from spicyipindia.blogspot.com

I'm hoping that one of our readers can help us out here. We're looking very urgently for the JPC (Joint Parliamentary Committee) report that recommended the insertion of section 107A (a) (the Indian ...

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USPTO Launches Ombudsman Pilot Program. from anticipatethis.wordpress.com

Per this press release at the USPTO today.

One-Year Pilot Program to Assist Applicants with
Patent Prosecution Issues

 

Washington – The Department of Commerce’s United States Patent and Trademark Office (USPTO) today launched a new ...

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Apple wins non-infringement before claim construction from allthingspros.blogspot.com

Takeaway: If the visible features of your accused infringing device are far enough outside a claim on its face, can you file a motion for non-infringement before claim construction? It worked for Apple, who successfully ...

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