Patent & IP news for August 5, 2010
Patent Litigations
- Illumina Inc. et. al. v. Complete Genomics Inc. filed 2010-08-03 in Delaware
- Jetboil Inc. v. Fenix Outdoor AB et. al. filed 2010-08-03 in Delaware
- OptiGen, LLC v. Animal Genetics, Inc. filed 2010-08-03 in New York Northern
- Digestor, LLC v. Powers et. al. filed 2010-08-03 in Colorado
- MPH Technologies Oy v. Zyxel Communications Corporation et. al. filed 2010-08-02 in California Northern
- Global Allies, LLC filed 2010-08-04 in California Eastern
- Civix-Ddi LLC v. Midwest Real Estate Data, LLC filed 2010-08-04 in Illinois Northern
- ArrivalStar S.A. et. al. v. SafeMobile, LLC filed 2010-08-04 in Illinois Northern
- EON Corp. IP Holdings, LLC v. T-Mobile USA, Inc. et. al. filed 2010-08-04 in Texas Eastern
- StoneAge, Inc. v. NLB Corporation filed 2010-08-04 in Texas Eastern
- ArrivalStar SA et. al. v. Agility Logistics, Inc. et. al. filed 2010-08-04 in Washington Western
- Allen vs. Papatheofanis filed 2010-08-03 in New Mexico
USPTO Stats
appl'ns
patents
decisions
Patent & IP Blogs
A sight for sore eyes? from ipkitten.blogspot.com Readers with long memories and lawyers-turned-shelf-fillers will remember the IPKat's posts last year on a thoroughly respectable law firm making a bit of a spectacle of itself in the dispute between Specsavers International Healthcare ...
IPO Annual Meeting 2010 from www.ipprospective.com The Intellectual Property Owners Association Annual Meeting 2010 will kick off at the Hyatt Regency in Atlanta, September 12-14. The conference includes educational programs, committee meetings and an exhibit floor for IP market players to ...
'Attack Dog' buys infringed copyrights, then sues from ipfinance.blogspot.com This little piece in yesterday's ABA Journal, "‘Attack Dog’ Group Buys Newspaper Copyrights, Sues 86 Websites", looks like good news for copyright litigation lawyers. In brief,
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"... A Las Vegas start-up called Righthaven has purchased ...
Honda goes for Silver from ipkitten.blogspot.com Sometimes IP litigants just effortless breeze into court and, hey presto, whatever problem they have instantly vanishes. Japanese motor vehicle manufacturer is not such a litigant. Indeed, Honda Motor Co Ltd and another v David ...
Judge Dyk’s View on the Patentability of Isolated Genes and DNA from inventivestep.net Yesterday, the Federal Circuit reversed and remanded an infringement suit based on errors in the district court’s claim construction and infringement analysis. Intervet, Inc. v. Merial, Ltd. One of the claims at issue in ...
Should we consider EPO and foreign rulings? The German position from patlit.blogspot.com An article for International Law Office, "Patent court required to consider EPO decisions" by Nora Keßler (Klinkert Zindel Partner, Germany), published online last month, comments on a decision of the German Bundesgerichtshof (the civil Supreme ...
Pig Out from www.patenthawk.com Merial got a line on a virus infecting swine, and patented it: 6,368,601. Intervet developed a vaccine for treating the virus. Then Intervet filed a declaratory judgment action against Merial. The district court ...
Patent Trolling doesn't pay, or does it.... in the long term? from ipfinance.blogspot.com 
An explosive tweet posted by compulsive innovator/investor Chris Dixon made the highlights of hip weblog TechCrunch last week and stirred a heated debate in the IP community. The co-founder of decision-making website Hunch found ...
Arguments in Patent Reexamination Trip Up Sigram Schindler from www.patentspostgrant.com As discussed last week, patent reexamination if often leveraged concurrent with district court litigation for strategic purposes. As district court pendencies continue to rise, even in districts known for relatively speedy resolutions, an early filed ...
Eben Moglen on Bilski, software patents, and big pharma from thepriorart.typepad.com This interview is part of a series following theSupreme Court's Bilski decision, which left the laws on what you can get a patent on largely as they are, after a four-justice minority failed ...
Moroccanoil Sues For Trademark Infringement Over Hair Care Products from www.iptrademarkattorney.com Los Angeles, CA – Moroccanoil manufactures “salon only” hair care products under its Moroccanioil®, “M Moroccanoil Design” and “Vertical Moroccanoil M Design” trademarks, which are all registered with the USPTO. Through its distribution arrangements Moroccanoil restricts ...
To maintain and increase protection for a trademark, the owner must guard against unauthorized use or infringement. Generally, the sooner such a situation is discovered the easier it is to resolve, and the less impact ...
Harry Reid did not buy into Leahy's "tricky maneuver" to tack on "patent reform" to the Small Business Loan Funding bill (H.R. 5297), in part because so many others were trying the same ...
Within the post The plagiarism generation, one finds the text:
But it is true that writing in the digital age poses a lot of new questions. For instance, how do we use sources like Wikipedia ...
Yesterday's posting talked about the renewed interest in manufacturing. This has been building for some time. At the end of last year, the Obama Administration released a "manufacturing framework" (see earlier posting). As I ...
Over the past few weeks, I have been enjoying PriorSmart’s new “patent complaint alert” service. Each day, I receive an e-mail listing the most recent patent litigation complaints filed in US courts. I like ...
ADAMS RESPIRATORY THERAPEUTICS, INC. V. PERRIGO CO.
- Commercial Embodiment:
- Our case law does not contain a blanket prohibition against comparing the accused product to a commercial embodiment.
- [W]hen a commercial product meets all of ...
Intervet Inc. v. Merial Limited (Fed. Cir. 2010)
In 2006, Intervet filed a complaint against Merial — asking the DC District Court for a declaratory judgment that Intervet’s Porcine Circovirus vaccine (PCV-2) did not infringe ...
Takeaway: In Ex parte Miyata, the Board rejected a Jepson style system claim under 112 § 2nd (indefiniteness). The Board paraphrased the claims as follows:
In a video camera system capable of [performing specified functions], the ...
Even a very conservative reading of the opinions indicates that the Justices intended to leave the status of software as patent-eligible subject matter unchanged, and for further refinements to be worked out by the lower ...
Patently O discusses the recusal motion filed by the ACLU to preclude Judge Rader from hearing the Myriad case, with the nub being found in the text:
Notably, while attending a BIO meeting, Judge Rader ...
Previously, I showed how to access USPTO PAIR to examine public records of a patent application’s prosecution as well as identify any related US patent documents. PAIR is an important part of any prior ...
The case involving Bimbo Bakeries (Thomas English muffins) and former exec BOTTICELLA illustrates an unhappy former employer going after a former employee who signed up with a competitor (here Hostess). But what about the competitor ...
A previous post discussed GreenShift Corporation’s (GreenShift) volley of recent patent suits against a host of ethanol producers across the midwestern United States.
In those lawsuits GreenShift accused various ethanol producers of infringing U ...
The Taco Tuesday Trademark
This week, Taco Johns took on a lot of heat in response to its attempts to stop Oklahoma-based restaurant Iguana Mexican Grill from using the trademark “Taco Tuesday.” In response, the ...
The following is an abstract from the above-titled article by Tsai-fang Chen, Legal Intern, Wisconsin Alumni Research Foundation published in the Wake Forest Intellectual Property Law Journal:
Issues of venue and forum shopping have always ...
The paper, R&D;, Invention and Economic Growth: An Empirical Analysis, by Professor Hulya Ulku shows that patents, per capita GDP, and spending on research and development are closely correlated. Figure 2 of the paper ...
A dissenting opinion by Judge Dyk in Intervet v. Merial Limited, decided by the Federal Circuit on August 4, contains interesting ruminations on the patent eligibility of patent claims broadly reciting an isolated, naturally occurring ...
The other day in WebZero v. Clicvu, Judge Bryson characterized an argument as being akin to Charles Dickens’ character Wilkins Micawber:
As we have noted before, a party seeking further discovery under Rule 56(f ...
Defendant's motion in limine to preclude evidence regarding the 5 litigation licenses involving the patents-in-suit was denied. "The five litigation licenses in this case are consistent with the [plaintiff's] other nine non-litigation licenses ...
A pre-weekend thought inspired by a recent post by Mike Madison of Madisonian.net. In the recent Bilski v. Kappos decision, the U.S. Supreme Court held that business methods are patentable, stating that the ...
Eli Lilly lost an appeal from a final judgment of the U.S. District Court for the Eastern District of Michigan, finding claims 2, 6, and 7 of U.S. Patent No. 5,464,826 ...
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