Patent & IP news for April 12, 2010

Patent Litigations

USPTO Stats

5,380
published
appl'ns
4,770
granted
patents
69
ptab
decisions

Patent & IP Blogs

post image Ebay Trademark Infringment of Tiffany from patentlawip.blogspot.com


New York based jeweler Tiffany & Co. have been hard hit by a ruling from last week, in a case against Ebay for trademark infringement. A district appellate court ruled that Ebay “did not engage in ...

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post image Amazon patent up the creek in Europe from ipkitten.blogspot.com

From the IPKat's friend Kristof Neefs (Altius) comes this link to Decision T 1616/08, in which the European Patent Office's Technical Board of Appeal ruled that the subject matter of Amazon’s ...

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post image Monday miscellany from ipkitten.blogspot.com

The current (April 2010) issue of Sweet & Maxwell's European Trade Mark Reports (click here for details) carries reports on various important recent trade mark cases, the first of which is an English translation of ...

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post image Breaking news: OHIM Board decision on Top Dogs from ipkitten.blogspot.com

No, says the IPKat, this is not a Board of Appeal ruling on the registrability of the sign TOP DOGS. This is the set of decisions by the Administrative Board of the Office for Harmonisation ...

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post image Appelate Review of Stays Pending Patent Reexamination? from www.patentspostgrant.com

Where an order has been granted to stay a patent litigation pending the outcome of a reexamination of the patent-in-suit, there is little likelihood that patent owner will be able to successfully appeal the decision ...

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post image New seminar: Intellectual Property & Tax from ipfinance.blogspot.com

Hardwicke, in association with Gray’s Inn Tax Chambers, is running a half-day seminar on IP and tax on Wednesday 12 May, the venue being Hardwicke Building, New Square, Lincoln’s Inn (London). Speakers include ...

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post image Blaming Greenspan and the Free Market from hallingblog.com

The Financial Crisis Inquiry Commission, being members of congress, are trying their best to pin the financial crisis on anyone but Congress.  It appears the favorite whipping boys are Alan Greenspan and unfettered capitalism.  Congress ...

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USPTO Announces Streamlined Procedure for Appeal Brief Review from www.patentdocs.org

By Sarah Fendrick -- In a recent notice in the Federal Register (75 Fed. Reg. 15689), the U.S. Patent and Trademark Office (USPTO) introduced a new procedure for the review of appeal briefs. The new ...

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Who can enforce a release from ipwars.com

Global Brands is still suing YD Pty Ltd. The trial on quantum for infringement of registered design was almost due to start when YD applied to amend. After YD admitted it had infringed Global Brands ...

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Judge cagey about retro-fit patent infringement from ipkitten.blogspot.com

It's a late March decision but the IPKat has only just caught up with it. He's talking about Schütz (UK) Ltd v Werit Ltd and Protechna SA [2010] EWHC 660 (Pat), a fascinating ...

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Promoting independent invention is wasteful from ipbiz.blogspot.com

In a post titled Economist Assumes That The Problem Is 'Thieves' Rather Than Bad Patent Laws , Mike Masnick at TechDirt attacks Pat Choate for not having a clue how innovation actually works.

Masnick brings up ...

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Ateneo de Manila University does NOT accept Pangilinan resignation from ipbiz.blogspot.com

The Board of Trustees of Ateneo voted NOT to accept the resignation of Manuel V. Pangilinan. Obliquely, the fact that the graduation speech by Pangilinan may have been ghostwritten, so that Pangilinan did not know ...

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Reich’s Reality Doesn’t Have to Be True with Help from Commerce from www.ipwatchdog.com

In a Wall Street Journal op-ed piece Robert Reich, former Secretary of Labor under President Clinton, painted a bleak picture of the future of the US economy over the next decade. The reality he paints ...

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Hong Kong promotes borrowing using Intellectual Capital from www.athenaalliance.org

In an earlier posting, I mentioned Hong Kong's new Intellectual Capital Management Consultancy Programme. Run by the Intellectual Property Department, the Innovation and Technology Commission and the Trade and Industry Department, the Consultancy Programme ...

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Transfer of Venue from Eastern District of Texas Forfeits Rights Under Local Patent Rules from docketreport.blogspot.com

Defendants' motion for more definite preliminary infringement contentions was denied. "[T]his Court finds that the traditional mechanism of serving interrogatory requests is sufficient to narrow the issues and determine the infringement contentions in this ...

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The Cloud Computing Trend: Increased Threats for Privacy from www.iposgoode.ca

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. For those unfamiliar with the term “cloud computing”, it refers to performing the functions of personal computers – such as running applications, communicating, and storing ...

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Court Report from www.patentdocs.org

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Warner Chilcott Co. LLC et al. v. Mylan Pharmaceuticals Inc. 1:10-cv-00285; filed April 8, 2010 ...

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Conference & CLE Calendar from www.patentdocs.org

April 11-17, 2010 - Advanced Patent Courses (Patent Resources Group) - Bonita Springs, FL April 14, 2010 - "Obviousness Standard for Patents Post-KSR: Strategies to Withstand USPTO Obviousness Rejections and Attacks on Patent Validity" (Strafford) - 1:00 - 2 ...

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USPTO Announces Streamlined Procedure for Appeal Brief Review from www.patentdocs.org

By Sarah Fendrick -- In a recent notice in the Federal Register (75 Fed. Reg. 15689), the U.S. Patent and Trademark Office (USPTO) introduced a new procedure for the review of appeal briefs. The new ...

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WHO Review Of Pandemic Flu Response Underway from www.ip-watch.org

World Health Organization Director General Margaret Chan today opened an expert review process on the way WHO handled the outbreak of a pandemic influenza virus last year. In her opening speech, Chan called it the ...

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False Marking - District Court Grants Motion to Stay Pending Resolution of Stauffer v. Brooks Brothers Appeal from www.grayonclaims.com

Heathcote Holdings Corp. v. Crayola LLC (N.D. Ill. Apr. 8, 2010)

Last week in a one-page order, Judge Hart in the Northern District of Illinois granted defendants' motion to stay a false marking litigation ...

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Foreman backs patent reform from ipbiz.blogspot.com

From a piece by Louis Foreman, of Inventors Digest:

Our current system of protecting inventors is in dire need of reform. The proposed measures would be a significant improvement to the existing system and benefit ...

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WHO Documents From Counterfeit Meeting Now Online from www.ip-watch.org

The World Health Organization secretariat record of a International Medical Products Anti-Counterfeiting Taskforce (IMPACT) meeting that took place 26 March are now available online. Intellectual Property Watch reported on the meeting earlier, including statements made ...

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Due diligence in swear-behind declarations (Part III) from allthingspros.blogspot.com

My previous posts (Part I and Part II) on § 1.131 (swear-behind) practice explained that the BPAI expects a swear-behind declaration to contain facts and supporting exhibits, not conclusory statements, to properly shows reduction to ...

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An Initial Comment on Ariad: Written Description and the Baseline of Patent Protection for After-Arising Technology from www.patentlyo.com

Following on the heels of the Federal Circuit en banc opinion in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., Professor Kevin Collins asks "What next?" Before Ariad, the uncertainty channeled much of the scholarly conversation ...

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Guest Essay: An Initial Comment on Ariad: Written Description and the Baseline of Patent Protection for After-Arising Technology from www.patentlyo.com

Following on the heels of the Federal Circuit en banc opinion in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., Professor Kevin Collins asks "What next?" Before Ariad, the uncertainty channeled much of the scholarly conversation ...

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An On the Record Interview with CAFC Judge Randall Rader from www.ipwatchdog.com

On April 2, 2010, I had the privilege of conducting an on the record Interview with Judge Randall Rader, the soon to be Chief Judge of the United States Court of Appeals for the Federal ...

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Judge Rader on Judging (An Interview with Gene Quinn) from www.patentlyo.com

In six weeks or so, Judge Randall R. Rader will take-over as Chief Judge of the Court of Appeals for the Federal Circuit. Gene Quinn recently sat-down with Judge Rader to discuss the Federal Circuit ...

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Is red wax seal on bourbon bottle a protected trademark? from ipelton.wordpress.com

Traditionally, trademarks are brand names, logos, and slogans. But they can also be shapes (Coke bottle), colors (pink for insulation, purple for sandpaper, and more), sounds (NBC chimes), patterns (Burberry fabric, Yankee pinstripes), and more ...

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"Senior scientists get most of the resources" from ipbiz.blogspot.com

Within an editorial titled "Empowering Young Scientists," in the 2 April 2010 issue of Science, one has the text:

(...) the selection and promotion processes in science involve considerations other than merit. Senior scientists receive most ...

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Smackdown of a post on Patently-O? from ipbiz.blogspot.com

Placing some clips of an interview of Judge Rader by Gene Quinn on Patently-O, Dennis Crouch observed at the end of his post on Patently-O:

[Aside: Gene Quinn asked me to take-down most of my ...

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Deference to the district court out of respect for judicial economy? from www.717madisonplace.com

In Hearing Components, Inc. v. Shure, Inc., 2009-1364 (Fed. Cir. April 1, 2010),  Judges Rader, Schall, and Lourie explored when it would be appropriate to defer to a  district court judge’s handling of issues ...

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USPTO Proposal | Change to Missing Parts Practice | Non-provisional Application Claiming Benefit to a Provisional Patent Application | 12-month Fee Deferral from www.presumptionofvalidity.com

The USPTO Press Release for this proposal indicates in part, “The Department of Commerce’s United States Patent and Trademark Office (USPTO) is seeking public comment on a proposed change that would effectively provide a ...

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Recent Trends In Patent Damages from www.infringementupdates.com

If you are in Silicon Valley, you may want to check out the above-titled breakfast hosted by Farella Braun + Martel LLP on April 21, 2010: Over the past few years, it has not been uncommon ...

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Fed. Cir.: "Direct" Action Not Implied When Method Step is Performed from 271patent.blogspot.com

SIRF Technology v. ITC, No. 09-1262 (April 12, 2010)

SiRF Technology, Inc. (“SiRF”) and other defendants appealed the decision of the ITC finding that certain GPS devices infringed patents owned by Global Locate.  One of ...

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Bar Exams and Election of Bar Council Chairman from spicyipindia.blogspot.com

Gopal Subramanium, the current Solicitor General was recently elected as the Chairman of the Bar Council of India. We wish him the very best as he pilots this body and the profession that it represents ...

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