Patent & IP news for July 8, 2010

Patent Litigations

USPTO Stats

5,139
published
appl'ns
5,090
granted
patents
173
ptab
decisions

Patent & IP Blogs

post image Intermediary Liability for Copyright Infringement in India: Few Thoughts in the Wake of Viacom v. Youtube [Part I] from spicyipindia.blogspot.com



About a week ago, we had a guest post summarising the recently delivered judgement in the case of Viacom v. Youtube, a case that dealt exclusively with the liability of an intermediary in the case ...

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post image "You say vuvuzela, I say lepatata ..." from ipkitten.blogspot.com

We may know it as "vuvuzela", but the Zulu term is apparently "lepatata", according to the fascinating article on the subject on Wikipedia (here). We may have heard rather too much of the noise this ...

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post image Requests for Continued Examination Continue to Rise from www.patentlyo.com

The chart above shows Requests for Continued Examination (and the earlier CPA/R129 processes) as a percentage of the total number of non-provisional patent applications filed each year. 

Notes: The denominator here does not include ...

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post image Course on 'Patent Portfolio Creation and Management' from spicyipindia.blogspot.com

Six month certificate course on 'Patent Portfolio Creation and Management' by the Institute of Intellectual Property Research and Development.
Objective: Sensitization of Working Professionals in the Patents domain towards the complete procedures and best practices ...

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post image Odd Couple challenge Digital Economy Act from ipkitten.blogspot.com

Not everyone, it is safe to say, is enamoured over the provisions of the UK's Digital Economy Act 2010 (DEA). This piece of legislation, rushed through its various legislative stages via a process of ...

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post image Portakabin ruling: a bad result for trade mark owners? from ipkitten.blogspot.com

Another day, another AdWord ruling, it seems. The Court of Justice of the European Union gave its ruling this morning in Case C‑558/08 Portakabin Ltd and Portakabin BV v Primakabin BV, a reference ...

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post image Rapper Mack 10 Sued For Copyright Infringement By Producer/Composer Ervin Pope from www.iptrademarkattorney.com

Los Angeles, CA – Rapper Mack 10, real name Dedrick Rolison, is being sued for copyright infringement for allegedly using Ervin “EP” Pope’s musical compositions. (Read the complaint here). Pope is a music producer who ...

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post image Behind the Times from www.patenthawk.com

In the interest of less-than-compact prosecution, the USPTO is, for the time being, adhering to the ancient military supply rule: "smoke 'em if you got 'em." The day Bilski rolled out of the Supreme Court ...

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post image An IP system for the 21st Century: Gurry speaks from ipkitten.blogspot.com

Francis Gurry, Director General of the World Intellectual Property Organization, was the guest speaker at tonight's Summer Event hosted by the British group of the Union of European Practitioners in Intellectual Property -- or Union ...

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post image Blawg Review #274 on July 26th from www.lotempiolaw.com

I'm scheduled to host Blawg Review on July 26th to mark the 20th anniversary of Americans with Disabilities Act (ADA) on Monday July 26, 2010. About Blawg Review : Blawg Review is the blog ...

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post image Monsanto Loses After EU Court Decides that Soy Meal No Longer Has Functional DNA from www.patentbaristas.com

The European Court of Justice in Luxembourg ruled against Monsanto Co. stating that “Monsanto cannot prohibit the marketing in the EU of soy meal containing, in a residual state, a [patented] DNA sequence.” Therefore, the ...

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post image Intermediary Liability for Copyright Infringement in India: Few Thoughts in the Wake of Viacom v. Youtube [Part II] from spicyipindia.blogspot.com


Continuing from my previous post, about the liability of intermediaries in India, after my reading of Viacom v. Youtube and the raging debates on this blog and elsewhere about the correct interpretation of Section 79 ...

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post image Avik Roy’s Excellent Analysis of Drug Patent Settlements from hallingblog.com

Mr. Roy’s article “Why Drug Patent Settlements are Good for Consumers”  is a breath of fresh air in this debate.  Mr. Roy shows why these settlements are good news for consumers.  Patented inventions are ...

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post image Settlement Announcement: Lawsuit Against IPWatchdog Over from www.ipwatchdog.com

On May 17, 2010, Invention Submission Corporation (ISC) d.b.a. InventHelp® and IPWatchdog, Inc. settled the litigation initiated by ISC against IPWatchdog, Gene Quinn and Renee Quinn (collectively IPWatchdog). Effectuation of the settlement has ...

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post image Mike Tyson Trademark Fight with Michael Landrum for the Title from patentlawip.blogspot.com


Most people recognize “Iron Mike” as a long-standing nickname for Mike Tyson. Apparently, there may have been a previous “Iron Mike.” Michael Wayne Landrum, a small-time L.A. boxer is suing Mike Tyson for trademark ...

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post image Governmental Restriction: USPTO Wants to Change Restriction Practice. from www.patentbaristas.com

The U.S. Patent and Trademark Office put out a Request for Comments on Proposed Changes to Restriction Practice in Patent Applications.

Summary:

In situations in which two or more independent and distinct inventions are ...

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House Slips Pay-For-Delay Provision into Appropriations Bill from www.patentdocs.org

By Donald Zuhn -- Ordinarily, the passage of a supplemental appropriations bill would likely go unnoticed by those in the pharmaceutical industry. Last week, however, the House of Representatives passed the "2010 Supplemental Appropriations Act" (H ...

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Satellite broadcast and trade mark use from ipwars.com

In a further round of the Food Channel / Network war, Greenwood J has accepted that the inclusion of the trade mark on programming broadcast by ABC Asia Pacific is use of the trade mark in ...

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Equitable Estoppel: Another Excuse for Stealing Inventions from hallingblog.com

The Aspex Eyewear v.  Clariti case decided by the CAFC on May 24, 2010 used the excuse of equitable estoppel to allow Clariti Inc. to steal Aspex Eyewear’s invention in U.S. patent 6 ...

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Promoting exports and improving competitiveness from www.athenaalliance.org

Yesterday, President Obama gave a progress report on his National Export Initiative and announced the members of his Export Council (which included Ivan Seidenberg, CEO of Verizon who as the new head of the Business ...

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Applying Bilski: Order Requiring Further Briefing Highlights Unresolved Questions from docketreport.blogspot.com

In an order requiring further briefing re motion for summary judgment of invalidity based on lack of patentable subject matter, the court notes:

"The Supreme Court has issued an opinion in Bilski v. Kappos, 561 ...

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False Marking Intent to Deceive may be Inferred from Marking of Expired Patent Numbers from docketreport.blogspot.com

Defendant's motion to dismiss plaintiff's false marking claim for failure to plead a fraud-based claim with particularity was denied. "While [Brinkmeier v. Graco Children's Prods., Inc., 684 F. Supp. 2d 548, 553 ...

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Patently-O Bits and Bytes: USPTO PPAC Morning Report from www.patentlyo.com

Financial:

  • USPTO budget for FY2010 limited by Congress to $1.887 billion dollars. Projected collections for FY2010 is expected to be $200 million over that limitation. Under the current law, all of that money will ...

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Patently-O Bits and Bytes from www.patentlyo.com

Some New IP Blogs:

Old Stand-by IP ...

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Coming Soon: Draft USPTO 2010-2015 Strategic Plan from www.uspto.gov

I’m writing today about a major challenge and opportunity for the USPTO—and for the entire IP community.     

 

In the coming days we will be releasing, for employee and public comment, the Draft 2010-2015 ...

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Federal Circuit Expands Secret Prior Art from inventivestep.net

Yesterday, the Federal Circuit opinion in In re Giacomini expanded the scope of prior art available under 35 U.S.C. § 102(e).

Giacomini filed a patent application November 29, 2000.  Certain claims of the ...

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What Do I Put For First Publication Date in a Copyright Application? from patents101.com

Copyright applications are often relatively simple documents and carry a government processing fee of only $35 (for electronic submission). Attorney’s fees can dwarf the cost of the application itself, tempting many artists and small ...

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Gibbons Institute Webinar Discusses the Supreme Court's Bilski Decision from www.iplawalert.com

The Gibbons Institute of Law, Science & Technology hosted a webinar on July 1 to discuss the U.S. Supreme Court decision in Bilski v. Kappos that addressed the limitations on the patentability of business methods ...

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In Somerset County, Britain from ipbiz.blogspot.com

From AP :

Dave Crisp, a treasure hunter using a metal detector, located [52,500 Roman] coins in April [2010] in a field in southwestern England, according to the Somerset County Council and the Portable Antiquities ...

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Media Industry’s Push against Network Service Providers from www.ipeg.eu

One of the largest and most closely-watched intellectual property disputes in the United States right now is the lawsuit that Viacom, a major media company, filed in 2007 against Google. This is a copyright case ...

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Attorney Fees and Equal Treatment for Plaintiffs and Defendants from www.patentlyo.com

Media Queue v. Netflix (Fed. Cir. 2010)

This case involves a classic “improvement patent” scenario. Nick Gross was a longtime Netflix user when he came-up with the idea that the service should provide additional user ...

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Patent filing news from China from info.inoviaip.com

Our inovia agent in China, AFD China Intellectual Property, has sent us two interesting news updates on patent examination quality and filing of IPR criminal cases:

SIPO survey shows patent examination quality improved

Results of ...

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Terrorist Shukrijumah has Florida connection from ipbiz.blogspot.com

Adnan Shukrijumah, who remains at large, came under close scrutiny after 9/11 because of his ties to the United States and links to terrorist groups. He moved to the United States in the 1980s ...

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In Canada, 73% of college freshmen admit cheating from ipbiz.blogspot.com

from AHN:
A study released Wednesday by the Canadian Council on Learning found that 73 percent of Canadian college freshmen admitted cheating when they were in high school. The survey had 20,000 respondents from ...

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U.S. Patent Counts, Q2 2010 from patentlibrarian.blogspot.com



There was a huge jump in the number of issued U.S. patents in Q2. The USPTO issued 64,037 patents from April through June, 15.4 percent more than in Q1 and 31.7 ...

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Ad lib comments from the bench from www.717madisonplace.com

In the oral argument of Telcordia Tech., Inc. v. Cisco Systems, Inc., 2009-1175 (Fed. Cir. 2010), Judge Rader expressed his concern in regard to the district court judge deciding claim construction based on ad lib ...

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Boy Scouts Add Invention Merit Badge from www.infringementupdates.com

The following is excerpted from a July 7, 2010 article by Addy Dugdale appearing at Fast Company:

The Boy Scouts of America do good, we all know that. And now they do invention. The 100-year-old ...

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