Patent & IP news for June 10, 2010
Patent Litigations
- Specialty House of Creation, Incorporated v. Quapaw Tribe of Oklahoma filed 2010-06-09 in Oklahoma Northern
- Herengracht Group LLC v. American Tombow, Inc. filed 2010-06-08 in Florida Middle
- Smith & Nephew, Inc. v. Interlace Medical, Inc. filed 2010-06-09 in Massachusetts
- Naos S.R.L. v. Sunset International Trade, L.L.C. et. al. filed 2010-06-08 in Virginia Eastern
- Sop Services, Inc. et. al. v. Storm Archery, LLC filed 2010-06-09 in Indiana Southern
- YMAX Corporation et. al. v. AT&T Intellectual Property II, L.P. filed 2010-06-08 in California Northern
- True Innovations, Inc. v. Marco Group, Inc. et. al. filed 2010-06-07 in California Northern
- Sop Services, Inc. et. al. v. Marshall J. Lund filed 2010-06-09 in Indiana Southern
- United States of America, Ex. Rel. et. al. v. Factor Nutrition Labs, LLC et. al. filed 2010-06-07 in California Northern
- McNamara v. Natural Organics, Inc. et. al. filed 2010-06-09 in Illinois Northern
- Hunter's Specialties, Inc v. EBSCO Industries, Inc filed 2010-06-09 in Iowa Northern
- McNamara v. Country Life, LLC et. al. filed 2010-06-09 in Illinois Northern
- Magna Mirrors of America, Inc. v. Dura Global Technologies LLC et. al. filed 2010-06-09 in Michigan Eastern
- Donlen Abrasives, Inc. v. Trim-Tex, Inc. filed 2010-06-08 in Minnesota
USPTO Stats
appl'ns
patents
decisions
Patent & IP Blogs
Friday fantasies from ipkitten.blogspot.com Please, PLEASE check the IPKat's side bar for news of forthcoming events -- it's a pity to miss that once-in-a-lifetime seminar or conference opportunity simply because it slipped beneath your radar. The Forthcoming Events ...
Fractured from www.patenthawk.com TriMed sued Stryker in 2006 for infringing 5,931,839, which claims "an implantable device used to set bone fractures." The district court granted summary judgment of noninfringement. Appeal reversed and remanded for an incorrect ...
Federal Circuit Affirms Finding of No False Marking in Solo Cup Case from www.grayonclaims.com Pequignot v. Solo Cup Co. (Fed. Cir. Jun. 10, 2010)
In this false marking case, the Federal Circuit found that Solo Cup lacked intent to deceive the public and therefore affirmed the trial court's ...
Eroding IP Exhaustion Through Conditional Sales? from spicyipindia.blogspot.com Prashant's persuasive critique of a recent Delhi High Court judgment dealing with principles of exhaustion was a delight to read. I want to focus on one issue that this case throws up:
Can an ...
Brand Identity: Protecting Against Negative Good Will from www.ipwatchdog.com For some companies the only thing they have that distinguishes them from their competition are trademarks. Every company, regardless of size, from mom & pop all the way to Coca Cola, have trademark assets that can ...
BBC turns yoga patent facts "on their head" from ipkitten.blogspot.com A press release from the Chartered Institute of Patent Attorneys (CIPA), issued today, states that claims that yoga positions "are being patented" are misleading. The organisation accuses the BBC of "turning the facts about yoga ...
Former Chief Patent Execs Speak Out from ipinsider1.wordpress.com Defining Performance: No Simple Matter
Former heads of intellectual property at Apple, IBM, H-P and Microsoft agree that using patents successfully is more elusive than many business executives and investors think.
In my latest Intangible ...
"Green grow the patents, Oh" from ipkitten.blogspot.com The IPKat is grateful to his distinguished friend Richard Gallafent for drawing his attention to the fact that a link to the UK Intellectual Property Office's "green patent database" has now been posted, here ...
Sometimes Confirmed Claims in Patent Reexamination Equal Defeat from www.patentspostgrant.com In ex parte reexamination, the percentage of reexaminations concluded with all claims confirmed is roughly 24% based upon USPTO statistics. Confirmation of original claims in patent reexamination (i.e., allowance without amendment) is highly desirable ...
By Donald Zuhn -- Last week, the Court of Appeals for the Federal Circuit issued an order setting a date for oral argument en banc in Therasense, Inc. v. Becton, Dickinson & Co. The order indicates that ...
With the World Cup almost upon us, here is my final posting on football as reflected in patents and other intellectual property. Although it is now considered old-fashioned, the game of Subbuteo® was...
(From Steve ...
Leading pharmaceutical industry groups announced today adoption of an agreement to submit for journal publication all results of late-stage clinical trials whether the outcomes were positive or negative. The International Federation of Pharmaceutical Manufacturers and ...
The World Health Organization today issued a briefing note attempting to offer a detailed explanation of its actions in relation to the 2009 H1N1 “swine” flu pandemic, amid charges that it overstated the problem to ...
The court granted defendant's motion to declare the case exceptional warranting an award of $4.8 Million in attorneys' fees based on plaintiff's inequitable conduct even though another court had already ordered plaintiff ...
Former PTO Director Jon Dudas has taken an interesting new job as President of the non-profit organization FIRST (For Inspiration and Recognition of Science and Technology) (www.usfirst.org). FIRST was originally founded by Dean ...
Defendant's motion in limine to preclude "statements that mislead or confuse the jury into believing the mere manufacture, sale, offer for sale and/or importation of accused products, by itself, is an infringement of ...
Today's BEA's release of the April trade data is sure to complicate a confusing economic picture. While last month's employment numbers were disappointing, yesterday's survey of economic conditions from the Fed ...
TiVo has recently gotten two of their claims struck down by the PTO during reexamination. The rejection was made on obviousness grounds. Most importantly, the two claims struck down were the two claims that the ...
After two days of lively discussion, members of a World Trade Organization committee this week agreed to devote a day in October to an in-depth discussion on a waiver to WTO intellectual property rules aimed ...
Under "New Patent Litigations" on PriorSmart today were several new qui tam marking cases recently filed by the same plaintiff against some notable companies. Links to the PriorSmart page with a portion of the complaint ...
The following is excerpted from a June 2, 2010articleby Juliana Gruenwald, CongressDaily, appearing at nextgov:
The Patent and Trademark Office announced today it has reached a two-year "no-cost" agreement with Google to make ...
U.S. Pat. No. 6,699,094: Toy figurine flashlight.
Having thus described the invention, what is claimed as new and desired to be secured by Letters Patent is as follows:
1. A toy figurine ...
Pequignot v. Solo Cup (Fed. Cir. 2010)
Over the past year, hundreds of companies have been sued for false patent marking. The qui-tam style statute creates a cause of action against manufacturer who, with intent ...
The Court of Appeals for the Federal Circuit hears cases OTHER THAN patent cases.
The fact pattern of a recent case included the following:
On June 9, 2006, Officer Morris was discovered using
a vacant ...
In an obviousness determination:
the inquiry of whether the improvement is more than the
predictable use of prior art elements according to their
established functions.” (...) is factual
in nature.
The CAFC noted:
Answering this question ...
Steven Zuccarelli is a 2012 JD Candidate at Osgoode Hall Law School The recently introduced Copyright Modernization Act (Bill C-32) has been under a microscope for over a week now, and its impact on users ...
I've noticed that my television viewing hours have drastically reduced off late and this triggered off a question in my mind - Has television become obsolete or has its content merely shifted to a new ...
At last some transparency has come into the quarrels over the question as to whether or not the proposals for creating a European and Community Patents Court (PC) having jurisdiction not only over EU Patents ...
Intellectual Property (IP) valuation is easily one of the most misunderstood topics surrounding the management of intangible assets. Over the last 20 years we have seen the migration of IP valuation from being a tool ...
The Pequignot v. Solo Cup Co. (Fed. Cir. Jun. 10, 2010) decision was published today and here are a couple of interesting articles discussing it:
Federal Circuit Affirms Finding of No False Marking in Solo ...
Donna Simpson of Old Bridge, New Jersey makes money on a web site that pays her to upload video clips of her eating. In fact, according to tvnz, she earns between $3,000-4500 a month ...
According to Fox News: After being kicked out of Harvard last fall for his alleged fraud, the 23-year-old applied to and was accepted to Stanford University for the 2010-2011 school year, MyFoxBoston.com reported Wednesday ...
Recognizing that the word "Chevy" had acquired meaning as a source-identifier and a following among consumers, GM reversed course on a strategy in an internal memo to minimize use of "Chevy." The New York Times ...
If any law student out there is looking for a note topic, divided infringement and contract illegality might make for an interesting topic. Namely, to the extent that a party argues that a contract obligates ...
A few days ago, we reported that India and China were going to take a brazen stand at the WTO TRIPS Council meeting, confronting several issues that emerged in relation to the Anti-Counterfeiting Trade Agreement ...
By James DeGiulio -- Endo Settles with Impax and Sandoz in Opana Patent Suits Endo Pharmaceuticals Inc. has settled patent infringement suits against Sandoz Inc. and Impax Laboratories Inc. over generic versions of painkiller Opana ER ...
The oath or declaration required to be submitted with a patent application must identify each inventor by full name (37 CFR §1.63). Anyone who contributes to the conception of the claimed invention qualifies as ...
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