Patent & IP news for May 28, 2010

Patent Litigations

USPTO Stats

6,161
published
appl'ns
5,077
granted
patents
130
ptab
decisions

Patent & IP Blogs

post image When Making Accusations of Infringement, Be Ready to Assert Patent from inventivestep.net

Earlier this week, in Aspex Eyewear, Inc. v. Clariti Eyewear, Inc., the Federal Circuit held that an allegation of infringement, followed by three years of silence, equitably estopped the patentee from suing the defendant for ...

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post image Patent Attorney Arrested for Threatening President Obama from www.ipwatchdog.com

On Tuesday, May 25, 2010, Adam Albrett, a patent attorney (Reg. No. 50514) who lives in Fairfax, Virginia, was arrested and charged with making threats on the life of the President of the United States ...

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post image Failure to Identify Specification Structure a Non-Starter for BPAI from www.patentspostgrant.com

 

Rejection in Ex Parte Patent Reexamination Flawed as to Means-Plus-Function Claim Analysis

On May 26, 2010 the BPAI affirmed-in-part the final rejection of certain claims in the ex parte reexamination of U.S. Patent 6 ...

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post image Nortel Patents Sale: The difficulty of putting a pricetag on a large portfolio from www.ipprospective.com

The insolvent Nortel Networks Corp. has a very valuable patent portfolio.  But because so many suiters may be in the market to purchase the portfolio, the question has become how valuable?  Bloomberg ran a report ...

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post image Alternative Programming from www.patenthawk.com

On a typical day, Adam Albrett, aka Muhannad Almahmoudi, prosecutes patents in Fairfax Virginia. Also an inventor, Mr. Albrett was granted 7,610,011, titled "Providing alternative programming on a radio in response to user ...

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post image “Tips on Prosecuting a Trademark Application at the USPTO” from ipelton.wordpress.com

I have just returned this week from International Trademark Association annual conference in Boston. It was a great meeting with informative panels, networking, meeting other trademark attorneys, and meeting with a few clients. One of ...

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post image Threats, Bullying and Big: "Once You Are Big You Are Not Cute Anymore" from www.ipadrblog.com

In reading the NYT this past Sunday, I pondered the article by Brad Stone, targeting Google’s “monopoly” in online search and advertising, posing the question: Sure It’s Big. But is That Bad?

Increasing ...

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post image Patent enforcement companies speak at SF conference from thepriorart.typepad.com

Earlier this month, MDB Capital Group--anIP-focused investment bankthat promises to help investors understand "the hidden value of intellectual property assets and future technological leadership"--held what it billed as its first annual "Bright ...

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post image Brands and INTA: Going Where No Annual Meeting Has Gone Before? from ipkitten.blogspot.com

This Kat just finished nearly a week in 24/7-like mode in connection with the INTA annual meeting in Boston (on which, see this week's postings, passim). Upon reflection, the event that most sticks ...

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post image Custom Casket from www.patenthawk.com

In offering a license, Ablaise accused Dow Jones of infringing 6,961,737 & 6,295,530, claiming web page personalization. Dow Jones replied with a DJ. Realizing that validity was in jeopardy, Ablaise offered a ...

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post image I love Professor Joseph Hadzima Jr. …well I sort of half love him. from www.tangible-ip.com

Omigosh what a big IP news week. So much to talk about all condensed in one week. If I didn’t know the IP market better I’d almost call it a wave.

Thanks to ...

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post image Federal Circuit Affirms Claim Construction and Rejects Indefiniteness Argument from www.grayonclaims.com

Honeywell Int'l, Inc. v. United States (Fed. Cir. May 25, 2010)

In this case, the Federal Circuit affirmed the claim construction from the Court of Federal Claims but also found that the Court of ...

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post image Simplify | the benefits of minimalism from www.patentbaristas.com

After having some new faces join our firm, I’ve been thinking about the inherent difficulties of balancing work with the rest of life.  While I’ll leave the question of whether lawyers can achieve ...

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post image Free speech versus trade mark rights at the Swiss Indoors from ipkitten.blogspot.com

Trade mark parody cases always draw a lot of interest - maybe more than justified by their commercial (in)significance, but the boundaries of free speech imposed by trade mark law and unfair competition law are ...

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post image Friday fantasies from ipkitten.blogspot.com

Some bleary-eyed Kats and their friends are now sleeping off the worst effects of the INTA Meeting in Boston, but they could not in all conscience curl up in their baskets without first remembering to ...

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Nortel Patent Sale & Bikram Yoga-great combination from www.tangible-ip.com

Joff Wild at the IAM Blog http://www.iam-magazine.com/Blog/Detail.aspx?g=62e97da6-3b56-48a0-a853-044df49b0276 is reporting that the Nortel patent portfolio is up for sale. I’ve added a comment about the price and ...

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Urgent interlocutory and declaratory relief from ipwars.com

Many IP agreements contain a clause referring disputes about the subject matter to mediation and/or arbitration instead of reliance on court action. There is often, however, an exception permitting court action in the case ...

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Jazz slammed by CAFC on disposable cameras from ipbiz.blogspot.com

In a thread about disposable cameras in 2005, one commenter wrote:

The Kodak empties don't necessarily go back to Kodak, they go back to whoever the photofinisher gets the best price from. As for ...

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UNCTAD Chief: Economic Recovery Will Revive Doha Talks from www.ip-watch.org

The stalled Doha Round trade negotiations at the World Trade Organization will become important again once the current economic stimuli wear off, Supachai Panitchpakdi, secretary-general of the UN Conference on Trade and Development (UNCTAD), told ...

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John Deere gray market case: what's in your denominator? from ipbiz.blogspot.com

Of an earlier portion of the case, the CAFC wrote:

However, we vacated in part and remanded the
Commission’s decision based on a particular requirement
for recovery, under our recent decision in SKF USA ...

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Moving Forward with a Canadian Private Copying Levy: Lessons From the EU from www.iposgoode.ca

Steven Zuccarelli is a 2012 JD Candidate at Osgoode Hall Law School. It is often surprising for the newest generation of multimedia consumers to realize that making private copies of copyrighted work has been occurring ...

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Late Disclosure of 31 Witnesses Warrants Exclusion of Most Newly Disclosed Witnesses From Trial from docketreport.blogspot.com

Plaintiff's motion to strike 25 of 31 newly-disclosed defense witnesses was granted as to all but 3 witnesses. "[The scheduling] order did not provide for automatic reopening of discovery after the claim construction ruling ...

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Do I Have to Offer My Services in Multiple States to Get a Federal Trademark Registration? from patents101.com

As discussed in this post, the United States Patent and Trademark Office will not register your trademark until you begin using it in commerce. For a trademark used in connection with services (a service mark ...

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Breaking news from the Dialog Customer Forum from intellogist.wordpress.com

Yesterday I attended the Dialog Customer Forum event, which was held at the USPTO’s Madison building in Alexandria, Virginia. As always happens at these events, there was far more information presented than I can ...

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WIPO Proposals Would Open Cross-Border Access For Print Disabled from www.ip-watch.org

Negotiators trying to find a solution for the world’s print disabled, who have said copyright law is limiting their access to an already meagre supply of reading material in usable formats, began discussing a ...

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Copyright in fashion from www.athenaalliance.org

In a number of earlier postings, I discussed the role of IP in fashion. Here is a new TED talk on from Johanna Blakley, arguing for the open creative system, user-driven and the "culture of ...

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JOTWELL: Journal of Things we Like (LOTS) from www.patentlyo.com

[JOTWELL] Many of us enjoy legal theory of all sorts (even that outside of patent law) but we do not have time to sift through the several thoursand law review articles published each year. 

A ...

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A Quick Explanation of Prior Art from info.articleonepartners.com

Yesterday, Greg McKallagat and I attended an excellent webinar by Southwest's Linda Rutherford (who is VP of Communications and Strategic Outreach and is active on their Twitter account).  In this webinar, she talked about ...

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Five Tips For Practitioners from www.uspto.gov

A few weeks ago, IPLaw 360 published an article titled, “Five Things Patent Examiners Wish You Would Do.”  The article—aimed at patent practitioners—featured sound suggestions on things attorneys could do to help the ...

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Patent Reform 2010: What Shape Will It Finally Take? from www.infringementupdates.com

The above-titled seminar co-sponsored by Analysis Group, Georgetown University's Center for Business and Public Policy, and McKool Smith will take place on June 15, 2010 at The Newseum in Washington, D.C. One of ...

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Transition: Chief Judge Michel --> Chief Judge Rader from www.patentlyo.com

Transition: May 31 is Chief Judge Paul Michel’s last day on the bench.  Judge Randall Rader will become the next Chief Judge of the Court of Appeals for the Federal Circuit. 

The Court today ...

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“Person Interested”: How is an Inclusive Definition to be interpreted? from spicyipindia.blogspot.com

In an earlier post, Kruttika initiated a thought-provoking discussion on certain lesser discussed aspects of Justice Murlidhar’s decision on appealability of pre-grant decisions. In the comments, the discussion ultimately veered towards the distinction between ...

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Patent Reform Seminar from www.patentdocs.org

The Analysis Group, Georgetown University's Center for Business and Public Policy, and McKool Smith will be offering a seminar entitled "Patent Reform 2010: What Shape Will It Finally Take?" on June 15, 2010, 2010 ...

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Webcast on U.S. Biosimilar Pathway from www.patentdocs.org

The American Bar Association (ABA) Center for Continuing Legal Education and ABA Section of Science & Technology Law will be offering a teleconference and live audio webcast entitled "Navigating the U.S. Biosimilar Pathway" on June ...

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Webcast on Opportunities and Challenges Facing Life Science Companies from www.patentdocs.org

The American Bar Association (ABA) Center for Continuing Legal Education and ABA Section of International Law will be offering a teleconference and live audio webcast entitled "Regulatory and Intellectual Property Opportunities and Challenges for Life ...

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Vacancy at FICCI-IPR Division from spicyipindia.blogspot.com

Intellectual Property Rights Division at FICCI is intensively involved in issues pertaining to protection and enforcement of Intellectual Property Rights. It has taken a lead role in raising awareness on Intellectual Property Rights amongst the ...

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