Patent & IP news for April 14, 2010
Patent Litigations
- Protectconnect, Inc. v. Leviton Manufacturing Co, Inc et. al. filed 2010-04-12 in California Southern
- Avery Dennison Corporation v. Koester GmbH filed 2010-04-13 in Ohio Northern
- The Irrevocable Trust of Anthony J. Antonious v. Merchants of Golf, Inc. filed 2010-04-12 in California Central
- The Irrevocable Trust of Anthony J. Antonious v. Tour Edge Golf Manufacturing, Inc. filed 2010-04-12 in California Central
- Shoup v. Shoup Manufacturing, Inc. filed 2010-04-13 in Illinois Central
- Transunion Intelligence LLC et al v Search America Inc et. al. filed 2010-04-13 in Texas Eastern
- DDB Technologies, L.L.C. v. NFL Enterprises LLC filed 2010-04-13 in Texas Western
- Patternmaster Chokes, LLC v. Foiles Migrators, Inc. et. al. filed 2010-04-13 in Wisconsin Western
- The Irrevocable Trust of Anthony J. Antonious v. Cobra Golf Company et. al. filed 2010-04-13 in California Southern
USPTO Stats
5,380
published
appl'ns
appl'ns
4,871
granted
patents
patents
69
ptab
decisions
decisions
Patent & IP Blogs
Transparency Black List: will brands suffer collateral damage? from ipfinance.blogspot.com "Will "Black List" Damage Brand Image Of Companies?" This is the question posed by Barry Silverstein in this piece for brandchannel. Silverstein assumes that, if companies benefit from inclusion in Corporate Responsibility magazine's "100 ...
Big award in claim for profits of pawn from ipkitten.blogspot.com It's not often that any court gets to consider the basis on which pecuniary remedies for breach of an obligation of confidentiality are assessed, which is why Vercoe, Pratt and MAS Corporation Limited v ...
Patent Reissue Doesn’t Fix Errors in Portfolio Management from www.patentspostgrant.com As provided by 35 U.S.C. § 251 Patent Reissue is a mechanism by which a patent owner may correct an error in an issued patent. A proper reissue application is directed to an error ...
Reminder:Registration for INTA Annual Meeting from spicyipindia.blogspot.com The International Trademark Association is a non-profit membership association. It consists of 5900 trademark owners, professionals and academics, from more than 190 countries. It is dedicated to the support and advancement of trademarks and related ...
Floored from www.patenthawk.com The rampaging incompetence of the USPTO is dammed only by appeal to the courts. Time and again, the PTO's "broadest reasonable interpretation" of claims is hell and gone from reasonable. Case in point: 4 ...
Apple and Closed Systems: Is Yesterday's Disadvantage Today's Advantage? from ipkitten.blogspot.com When I began teaching software law in the 1980s, it seemed that there was a disproportionate number of cases involving Apple Computers (usually as the plaintiff). In comparison with Microsoft, Apple was viewed as espousing ...
Policing Priority: Nintendo Escapes Liability Based on Patentee's Failure to Satisfy the Written Description Requirement from www.patentlyo.com Anascape v. Nintendo (Fed. Cir. 2010) A jury found that the Nintendo Wii and GameCube infringe Anascape’s U.S. patent No. 6,906,700. The ‘700 patent claims priority to a parent application and ...
US tiddlers target more foreign patents from ipkitten.blogspot.com A press release from inovia LLC (one of numerous business around the world which rejoices in that name) reports some good news for patent attorneys -- non-US-based ones at any rate: "72% of Small to Medium-Sized ...
Overhead and who counts in health care from www.athenaalliance.org Here is an interesting tidbit from the New York Time Economix blog -- One Reason U.S. Health Care Costs So Much. The blog has a chart by Harvard economics Professor David Cutler:
As the blog ...
BioPiracy in Africa: Take 2? from spicyipindia.blogspot.com The Pelargonium Patent case and the ruling that we had blogged about here was hailed as a landmark decision against bio-piracy. It, however, seems to have done little to abate the enthusiasm of companies to ...
This day in history at 717 Madison Place from www.717madisonplace.com On April 14th, 1865, John Wilkes Booth shot and fatlly wounded Abraham Lincoln. That same evening, a co-conspirator of Booth’s attempted to assassinate Lincoln’s Secretary of State, William H. Seward. Seward was living ...
Enzo Biochem, Inc. v. Applera Corp. (Fed. Cir. 2010) from www.patentdocs.org
By Donald Zuhn -- On March 26, the Federal Circuit reversed the judgment of the District Court for the District of Connecticut that U.S. Patent Nos. 5,328,824 and 5,449,767 are invalid ...
By Donald Zuhn -- On March 26, the Federal Circuit reversed the judgment of the District Court for the District of Connecticut that U.S. Patent Nos. 5,328,824 and 5,449,767 are invalid ...
Enzo Biochem, Inc. v. Applera Corp. (Fed. Cir. 2010) from www.patentdocs.org
By Donald Zuhn -- On March 26, the Federal Circuit reversed the judgment of the District Court for the District of Connecticut that U.S. Patent Nos. 5,328,824 and 5,449,767 are invalid ...
By Donald Zuhn -- On March 26, the Federal Circuit reversed the judgment of the District Court for the District of Connecticut that U.S. Patent Nos. 5,328,824 and 5,449,767 are invalid ...
First sale and digital content from www.iposgoode.ca
Billy Barnes is a JD candidate at the University of Toronto. Normally when a consumer purchases a copyrighted work embodied in a tangible object (e.g., a book or a CD) they are completely free ...
Billy Barnes is a JD candidate at the University of Toronto. Normally when a consumer purchases a copyrighted work embodied in a tangible object (e.g., a book or a CD) they are completely free ...
CAFC finds that "Nintendo rules" over Anascape from ipbiz.blogspot.com
Judge Newman wrote the opinion reversing the judgment of ED Texas. Anascape didn't have enough "written description" in an earlier application to support the later claims.
Of note is Judge GAJARSA, concurring, taking a ...
Judge Newman wrote the opinion reversing the judgment of ED Texas. Anascape didn't have enough "written description" in an earlier application to support the later claims.
Of note is Judge GAJARSA, concurring, taking a ...
Mighty Leaf Tea not so mighty at CAFC from ipbiz.blogspot.com
Mighty Leaf Tea tried to register the mark ML, in standard character form but Mark Lees had already registered ML in stylized form (shown in the decision). Judge Newman upheld the TTAB decision against Mighty ...
Mighty Leaf Tea tried to register the mark ML, in standard character form but Mark Lees had already registered ML in stylized form (shown in the decision). Judge Newman upheld the TTAB decision against Mighty ...
In Determining Proper Venue, Court "Declines to Scrutinize Litigants’ Business Decisions" to Locate Office in the Eastern District of Texas from docketreport.blogspot.com
In denying defendant's motion to transfer venue, the court rejected the argument that plaintiff's decision to locate its office in the Eastern District of Texas was an attempt "to manipulate venue in anticipation ...
In denying defendant's motion to transfer venue, the court rejected the argument that plaintiff's decision to locate its office in the Eastern District of Texas was an attempt "to manipulate venue in anticipation ...
WIPO to Provide New TV Show Format Dispute Resolution Services from dailydoseofip.blogspot.com
On April 7, 2010, the World Intellectual Property Organization (WIPO) announced that its Arbitration and Mediation Center and the Format Recognition and Protection Association (FRAPA) will be combining their efforts to provide "alternative dispute resolution ...
On April 7, 2010, the World Intellectual Property Organization (WIPO) announced that its Arbitration and Mediation Center and the Format Recognition and Protection Association (FRAPA) will be combining their efforts to provide "alternative dispute resolution ...
Less Hope For Shepard Fairey in Obama Hope Poster Case? from iplitigator.huschblackwell.com
If the street artist, Shepard Fairey, initially thought the copyright litigation over the Obama Hope poster would be a good-natured pillow fight with the Associated Press, he probably knew that it was going to get ...
Don’t Forget to Describe What You Enable: A Potential Patent Application Trap For Small Chemical and Biological Tech Companies from dcipattorney.com
A case decided a last month by eleven judges of the U.S. Court of Appeals for the Federal Circuit[1] — the “Supreme Court of Patent Law” as it is often called – illustrates a fatal ...
Debunking the Software Patent “Pen and Paper Myth” from www.ipwatchdog.com
The pen and paper myth goes like this: software should not be patentable because anything that can be done with pen and paper is not an invention and exclusive rights should not be given to ...
The pen and paper myth goes like this: software should not be patentable because anything that can be done with pen and paper is not an invention and exclusive rights should not be given to ...
PTO’s Overbroad Claim Construction is Not Reasonable from 37thoughts.wordpress.com
Patent prosecutors, have you ever felt that the PTO’s constructions of your pending claims were just hideously overbroad? (Can I get an “Amen”?). Today, the Federal Circuit helped you out by deciding an appeal ...
Patent prosecutors, have you ever felt that the PTO’s constructions of your pending claims were just hideously overbroad? (Can I get an “Amen”?). Today, the Federal Circuit helped you out by deciding an appeal ...
Fed. Cir. Nixes USPTO Claim Construction for Not Contruing Claim Term "Consistent With the Specification." from 271patent.blogspot.com
In Re Suitco Surface, Inc., No. 09-1418 (April 14, 2010)
One of the issues in this case was the interpretation of a claim directed to “floor finishing material” for use on athletic courts, bowling lanes ...
In Re Suitco Surface, Inc., No. 09-1418 (April 14, 2010)
One of the issues in this case was the interpretation of a claim directed to “floor finishing material” for use on athletic courts, bowling lanes ...
US IP Trends: Global Patent Protection in 2010 from info.inoviaip.com
Our survey results are in!
And it looks like belts have been tightened as far as they will go... with IP budgets now stabilizing for 2010. 72% of respondents (US companies, primarily small to medium-sized ...
1st IJIEL International Student Essay Competition from spicyipindia.blogspot.com
Indian Journal of International Economic Law (IJIEL), a prestigious refeered journal of NLSIU proudly present the 1st IJIEL International Student Essay Competition with the objective of providing an impetus to academic writing by students on ...
Indian Journal of International Economic Law (IJIEL), a prestigious refeered journal of NLSIU proudly present the 1st IJIEL International Student Essay Competition with the objective of providing an impetus to academic writing by students on ...
They Invented What? (No. 166) from anticipatethis.wordpress.com
U.S. Pat. No. 6,863,536: Endoscopic tutorial system with a bleeding complication.
What is claimed:
1. A system for performing a simulated medical procedure, comprising: (a) a simulated organ; (b) a simulated instrument ...
IP Holding Companies – Why You Need One from tacticalip.com
by Jason Fischer If you’re running your own small business, and you don’t have a holding company for your intellectual property, you should make an appointment to have your head examined. Creating a ...
by Jason Fischer If you’re running your own small business, and you don’t have a holding company for your intellectual property, you should make an appointment to have your head examined. Creating a ...
Policing Priority: Nintendo Escapes Liability Based on Patentee's Failure to Satisfy the Written Description Requirement from www.patentlyo.com
Anascape v. Nintendo (Fed. Cir. 2010)
A jury found that the Nintendo Wii and GameCube infringe Anascape’s U.S. patent No. 6,906,700. The ‘700 patent claims priority to a parent application and ...
Ariad Pharmaceuticals v. Eli Lilly from www.infringementupdates.com
The American Bar Association Section of Intellectual Property Law and the ABA Center for Continuing Legal Education are hosting a Teleconference and Live Audio Webcast on April 21, 2010 examining the written requirement for patentability ...
The American Bar Association Section of Intellectual Property Law and the ABA Center for Continuing Legal Education are hosting a Teleconference and Live Audio Webcast on April 21, 2010 examining the written requirement for patentability ...
Kroes: Future Internet Needs Partnerships, Standards from www.ip-watch.org
Neelie Kroes, European Commission vice president and commissioner for the Digital Agenda spoke today about the future of the internet. In Valencia, Spain for a conference she emphasised the importance of public-private partnerships (PPPs), characterised ...
Neelie Kroes, European Commission vice president and commissioner for the Digital Agenda spoke today about the future of the internet. In Valencia, Spain for a conference she emphasised the importance of public-private partnerships (PPPs), characterised ...
Arguing the meaning of claim terms: strict definition is not required from allthingspros.blogspot.com
Takeaway: Consistent use of a claim term in the specification can help in arguing that the Examiner's interpretation of the term is unreasonable. Importantly, a strict definition of the term is not necessary. However ...
Takeaway: Consistent use of a claim term in the specification can help in arguing that the Examiner's interpretation of the term is unreasonable. Importantly, a strict definition of the term is not necessary. However ...
IP News & Links: New Patent Office Proposal, the 2010 Patent Reform Act, Examiner Hoteling, and More from patents101.com
Recent IP news and information from around the web:
- The Patent Reform Act of 2010 receives a favorable opinion and thorough analysis on Patent Baristas. Stephen Albainy-Jenei notes a number of critical features of the ...
Edward DuMont Nominated to the Court of Appeals for the Federal Circuit from www.patentlyo.com
The White House has announced the nomination of Edward (Ed) DuMont to the Court of Appeals for the Federal Circuit to replace Chief Judge Paul Michel who will be retiring May 31, 2010. The Senate ...
The White House has announced the nomination of Edward (Ed) DuMont to the Court of Appeals for the Federal Circuit to replace Chief Judge Paul Michel who will be retiring May 31, 2010. The Senate ...
Edward DuMont Nominated to the Court of Appeals for the Federal Circuit from www.patentlyo.com
The White House has announced the nomination of Edward (Ed) DuMont to the Court of Appeals for the Federal Circuit to replace Chief Judge Paul Michel who will be retiring May 31, 2010. The Senate ...
The White House has announced the nomination of Edward (Ed) DuMont to the Court of Appeals for the Federal Circuit to replace Chief Judge Paul Michel who will be retiring May 31, 2010. The Senate ...
Arguing the meaning of claim terms from allthingspros.blogspot.com
In a recent post (here), I mentioned that I attended the PTO-sponsored BPAI conference in DC last week. At the conference, a panel of judges said that many appeals are really about claim construction. I ...
In a recent post (here), I mentioned that I attended the PTO-sponsored BPAI conference in DC last week. At the conference, a panel of judges said that many appeals are really about claim construction. I ...
UNITAID approves patent pool budget for 2010 from ipfinance.blogspot.com
There's a good little piece yesterday by Kaitlin Mara on Intellectual Property Watch: "UNITAID Patent Pool Budget Approved; Implementation To Begin". Kaitlin explains how the board members of international drug purchasing mechanism UNITAID has ...
There's a good little piece yesterday by Kaitlin Mara on Intellectual Property Watch: "UNITAID Patent Pool Budget Approved; Implementation To Begin". Kaitlin explains how the board members of international drug purchasing mechanism UNITAID has ...
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