Patent & IP news for April 29, 2010

Patent Litigations

USPTO Stats

6,296
published
appl'ns
5,003
granted
patents
132
ptab
decisions

Patent & IP Blogs

post image Pharma Reverse Patent Payments Are Not An Antitrust Violation from www.ipwatchdog.com

Earlier today, in In re Ciprofloxacin Hydrochloride Antitrust Litigation, the United States Court of Appeals for the Second Circuit issued a ruling addressing whether so-called reverse payments, payments made under a negotiated settlement by a ...

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post image Don't be proud of valid patent claims from thinkipstrategy.com

Why do some attorneys rejoice over clearly valid patent claims?

Valid patent claims are by definition narrower.  There are times when this is a serious liability, here's an example.

It's not uncommon to ...

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post image Absolution for Absolute as dispute with Absolut settles from ipkitten.blogspot.com

An article in The Guardian today, "Absolute Radio settles trademark fight with Absolut vodka", reports on the end of what might have been a long and entertaining court dispute between Absolute Radio and Swedish vodka ...

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post image SpicyIP Tidbit: World Trademark Review launches blog from spicyipindia.blogspot.com

Spicy IP is pleased to inform readers of the latest entrants on the IP blogroll -- the World Trademark Review (WTR) blog, started by our friends at the WTR which includes ace reporter Adam Smith ...

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post image BGH: Google's image search is no copyright infringement from ipkitten.blogspot.com

While Google had a bit of bad press in Germany over the last week or so due to it collecting publicly available (!) W-LAN data for its Google Street View product, the search engine provider will ...

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post image EDVA Stay Pending Patent Reexamination Denied: ePlus, Inc. v. Lawson Software, Inc. from www.patentspostgrant.com

EDVA District Court Judge Payne denied the accused infringers’ motion to stay a patent infringement suit pending the outcome  of reexamination of the patents-in-suit in ePlus, Inc. v. Lawson Software, Inc., Civil Action No. 3 ...

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post image Keyword Weighting in FreePatentsOnline and Delphion from intellogist.wordpress.com

Keyword weighting is a search technique that can help the user hone in on specific concepts during an otherwise ordinary keyword search. Patent search systems where keyword weighting is available include FreePatentsOnline, SumoBrain, and Delphion ...

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post image No stay on classic song in Housefull: Calcutta HC from spicyipindia.blogspot.com

SpicyIP has breaking news that the Calcutta High Court today refused to grant an interim injunction to Anandji, one half of the famed Bollywood music director duo Kalyanji-Anandji, to stay the use of their song ...

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post image District Court Imposes Fine of $180 Per Falsely-Marked Article in Remand of Forest Group v. Bon Tool from www.grayonclaims.com

Forest Group, Inc. v. Bon Tool Co., No. 4:05-cv-04127 (S.D. Tex. Apr. 27, 2010)

Upon remand from the Federal Circuit's December 28, 2009 opinion finding that the appropriate penalty for false marking ...

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post image ND California Stay Pending Patent Reexamination Crapshoot Continues from www.patentspostgrant.com

United States District Court for the Northern District of California, San Francisco Division Judge Richard Seeborg issued an Order on April 26, 2010 denying a motion to stay Ultra Products, Inc. v. Antec, Inc. (Civil ...

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post image Microsoft and HTC make love, not mobile war from ipkitten.blogspot.com


The mobile phone wars have reached such a level of complication that the IPKat has resorted to drawing diagrams to show who is suing who. The schematic interestingly sees Apple and HTC at the heart ...

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post image The Impact of Wyeth on Patent Terms from www.patentlyo.com

In January 2010, the Federal Circuit held that the patent office had been undercalculating the patent term adjustments (PTA) owed to patentees due to USPTO delays during prosecution.  About 80% of issued patents receive some ...

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post image Spring pruning for Interflora questions from ipkitten.blogspot.com

Way back in November, before the Court of Justice of the European Union had given its ruling in the Google AdWords case, Mr Justice Arnold contrived to ask a mammoth list of no fewer than ...

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post image Dun In from www.patenthawk.com

Judson A. Bradford had some ideas for collapsible shipping containers. So he patented. 5,725,119 came first. Then 6,230,916, a divisional of '119. 6,540,096 was a CIP of '916. Enforcement ...

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post image Fair use generated $4.7 trillion in 2007, says "imprecise" CCIA study from ipfinance.blogspot.com

Thank you Jeanine Rizzo (Fenech & Fenech Advocates) for drawing our attention to an Ars Technica article, "Fair use" generates trillions in the US alone", which discusses the quantification in dollar-and-cent terms of the value of ...

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Patent Profile: Sloning Biotechnology Granted U.S. Patent on Methods for Synthesis of dsDNA Triplet Libraries from www.patentdocs.org

By James DeGiulio -- On April 13, 2010, Sloning Biotechnology announced the issuance of U.S. Patent No. 7,695,906, which covers an optimized method of Slonomics, the company's platform technology. Slonomics uses a ...

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USPTO Cancels Appeal and Interferences Rule 41.200(b) from www.patentdocs.org

By Sarah Fendrick -- In a notice published in the Federal Register (75 Fed. Reg. 19558), the U.S. Patent and Trademark Office cancelled Rule 41.200(b) as a result of the decision rendered in ...

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Federal Circuit Grants En Banc Review in Therasense v. Becton Dickinson from www.patentdocs.org

By Donald Zuhn -- On Monday, the Court of Appeals for the Federal Circuit decided that the appeal in Therasense, Inc. v. Becton, Dickinson & Co. warrants en banc consideration. In the Court's per curiam order ...

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Guest Post: Tales from Decrypt Dept. from spicyipindia.blogspot.com

SpicyIP is happy to bring our readers yet another great guest post by Nikhil Krishnamurthy, this time on Section 65A of the Copyright Amendment Bill. (For some of his other great guest posts on Spicy ...

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US Bill On Radio Music Royalties Gets Key Backing from www.ip-watch.org

The US Performance Rights Act got support from House Speaker Nancy Pelosi (Democrat, California) and Senate Assistant Majority Leader Dick Durbin (D, Illinois) last week. The Performance Rights Act seeks to equalise the rights to ...

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Canadian Researchers Reveal the Shadowy Side of Cyber-Espionage from www.iposgoode.ca

Stuart Freen is a JD candidate at Osgoode Hall Law School. Earlier this month a joint team of researchers from the Information Warfare Monitor and the Shadowserver Foundation released a new report entitled Shadows in ...

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False Marking Fine Set at "Highest Point" of Product Price Range from docketreport.blogspot.com

The Federal Circuit remanded the court's false marking fine of $500 so that the court could impose a separate fine for each article. On remand, the court recalculated damages at $180 per article. "[Plaintiff ...

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Guest Post - ACTA Text Released: Impact On India and Other Developing Countries from spicyipindia.blogspot.com


We present to you yet another guest post by Amlan Mohanty,a second year student at NLS Bangalore.  His earlier contributions to the blog include very well written  posts on  ACTA and  the proposed ...

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Guest Post - ACTA Text Released: Impact On India and Other Developing Countries from spicyipindia.blogspot.com


We present to you yet another guest post by Amlan Mohanty,a second year student at NLS Bangalore.  His earlier contributions to the blog include very well written  posts on  ACTA and  the proposed ...

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Intangible assets in capital markets - new Athena article from www.athenaalliance.org

As intellectual capital has become a valuable asset class, firms specializing in intangible-based financing are springing up, using them to raise capital for the next round of innovation. But unlike some of the exotic financial ...

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Global IP Enforcement Push Impacting Consumer Access, 2010 IP Watchlist Finds from www.ip-watch.org

The second edition of the Consumers International IP Watchlist has been published, with the conclusion that consumers are bearing collateral damage to the enforcement push by entertainment and media lobby groups encouraging stringent national legislations ...

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Beauregard claims from www.717madisonplace.com

I thought it might be of interest to prosecutors who write software patent applications that one of the claims at issue in yesterday’s Oracle v. Parallel Networks, 2009-1183 (Fed. Cir. April 28, 2010)  decision ...

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Retreating from ResQNet from eyesonip.blogspot.com

Last month we noted that the Federal Circuit’s decision in ResQNet.com, Inc. v. Lansa, Inc. has caused quite a stir in the Eastern District of Texas. In Tyco Healthcare Group LP, et al ...

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Forest Group v. Bon Tool on remand from 37thoughts.wordpress.com

In Forest Group, Inc. v. Bon Tool Co. [DOC], 590 F.3d 1295 (Fed. Cir. 2009), the Federal Circuit, on appeal from the U.S. District Court for the Southern District of Texas, held that ...

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False Marking Fine Calculated as from www.patentlyo.com

Forest Group v. Bon Tool (S.D. Tex 2010)

In a 2009 decision, the Federal Circuit remanded the Bon Tool case with instructions to the district court to recalculate the false marking fine owed to ...

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Simonian Reloads with Amended False Marking Complaints, But Will They Pass Muster? from docketreport.blogspot.com

Since December 30, 2009, enterprising plaintiffs have filed more than 180 false marking cases. Approximately 84% of the new cases allege expired patents as the basis for the false marking claim. Leading the charge is ...

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Craigslist awarded $1.3 million judgment in copyright infringement case from patentlawip.blogspot.com

Last week, Craigslist sent a clear message to sites offering third-party posting software. Powerpostings.com, owned by one Igor Gasov, had been offering customers the ability to post (including multiple postings) and manage ads on ...

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Edwards Prevails in Patent Infringement Case from www.infringementupdates.com

The following is excerpted from an April 29, 2010 article at Business Week: Edwards Lifesciences Corp. said Thursday that it has prevailed in a patent infringement case before a German court. Edwards said the Federal ...

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Plagiarism as a reputation-destroying mistake? from ipbiz.blogspot.com

Within a piece on career no-no's, one finds the line:

While some workers make big, reputation-destroying mistakes (think plagiarism or sexual harassment), the vast majority make a series of choices that can quietly build ...

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Mentalist ripped from Philly headlines? from ipbiz.blogspot.com

The opening of "The Mentalist" on April 29 involved a list of "who's going to be fired" at a newspaper, in the same week as there might be a really belt-tightening list at the ...

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Remember "Joe Friday" when prosecuting from ipbiz.blogspot.com

The CAFC in Bradford v. Conteyor noted:

However, we also agree with the district court that Bradford is estopped from
arguing for an earlier priority date for the ’096 patent by the prosecution history of ...

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