Patent & IP news for August 12, 2010

Patent Litigations

USPTO Stats

6,308
published
appl'ns
5,095
granted
patents
77
ptab
decisions

Patent & IP Blogs

post image Friday fantasies from ipkitten.blogspot.com

"Pussykat, pussykat, where have you been?"-- "I've been down to London to visit the Queen"."Pussykat, pussykat, what did you see?"-- "A conference full of the latest IP".
Check out the IPKat's side ...

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post image What is the Economic Impact of Start-ups? from hallingblog.com

Another excellent study by the Kauffman Foundation shows that the jobs created by new start-ups are durable.

By 25 years after firms start, only about 20 percent of them still exist, but the employment numbers ...

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post image Interview with an Article One Patent Researcher from info.articleonepartners.com

AOP Featured Researcher: Minerva Rivero (engr009)


Minerva Rivero joins Article One from Puerto Rico, where she currently resides.  Minerva is one of the Winning Researchers for the DSI 279 Study regarding speech recognition patents and ...

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post image Announcing the IP Events page from spicyipindia.blogspot.com

Among the many fantastic suggestions we have received over the past few weeks was one that caught our eye, and which we thought was easily and immediately implementable: an Events Calendar.

If you look carefully ...

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post image The next "must-have" accessory: competition from ipkitten.blogspot.com

The second of this week's two IPKat competitions (the first is here) relates to the forthcoming annual conference, Intellectual Property in the Fashion Industry: Handbags at dawn! This enjoyable event, held in Central London ...

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post image Tracking & Waiving from www.patenthawk.com

Enovsys sued Sprint Nextel for infringing 5,918,159 and 6,560,461, which claim tracking mobile phones. Undisputed claim construction led to disputed infringement. "After a nine-day trial, the jury found Sprint Nextel infringed ...

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post image Burton Snowboards Sued For Patent Infringement from www.iptrademarkattorney.com

Santa Ana, CA – Peter Van Bregmann is suing Burton Snowboards for infringing on a snowboard binding patent. Plaintiff alleges that in 1996 he met with Burton and after signing a confidentiality agreement, Plaintiff showed his ...

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post image Federal Circuit Affirms Claim Construction That Excludes Embodiment From Claim from www.grayonclaims.com

Baran v. Medical Device Technologies, Inc. (Fed. Cir. Aug. 12, 2010)

In this case, the Federal Circuit affirmed the district court's claim construction that excluded an embodiment from the claim.  The patent at issue ...

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post image Patent Reform, a Matter of Time from www.patentspostgrant.com

Every year is getting shorter never seem to find the time.
Plans that either come to naught or half a page of scribbled lines……

An interesting note appeared on one of the forums of Politico ...

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post image Savage litigant sets sights on Flanimals from ipkitten.blogspot.com

August must be the silly season, or at least the season for silly animals, says the IPKat. Recent posts have seen Stalking Horses and a re-enactment of Groundhog Day by the Danish Højesteret. Now it ...

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post image Money for Nothing: Is the INR Logo a Copy? from spicyipindia.blogspot.com


Gautam Banerjee, Head, IPR, Panacea Biotech asks whether the below facts call out for a case of copyright infringement.

Apparently, whilst travelling by train recently, he came across the logo of a company named Railtech ...

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USPTO Expands Patent Application Backlog Reduction Stimulus Plan from www.patentdocs.org

By Sarah Fendrick -- Last fall, the U.S. Patent and Trademark Office implemented a procedure that allowed small entities to have an application accorded special status examination if the applicant expressly abandoned another co-pending unexamined ...

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Adams Respiratory Therapeutics, Inc. v. Perrigo Co. (Fed. Cir. 2010) from www.patentdocs.org

By Donald Zuhn -- In Adams Respiratory Therapeutics, Inc. v. Perrigo Co., decided last Thursday, the Federal Circuit vacated and remanded a determination by the District Court for the Western District of Michigan that the guaifenesin ...

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Law School Condemns Supreme Court from ipbiz.blogspot.com

In the continuing mess over the "comfort women" case in the Phillipines, the ManilaStandardToday (Jojo A. Robles) reports that the University of the Philippines College of Law has condemned the actions of Justice Del Castillo ...

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Uh-oh: It Looks Like Judge Dyk Has Been Drinking the ACLU's Kool-Aid® from www.patentdocs.org

By Kevin E. Noonan -- In the otherwise unremarkable case of Intervet Inc. v. Merial Ltd., the Federal Circuit reversed the District Court's claim construction on two terms and remanded for further consideration. What has ...

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The Equities of an Injunction Concurrent With Patent Reexamination from www.infringementupdates.com

The following is excerpted from an 8/11/2010postby Lindsay J. Kile and Robert C. Mattson at Patents Post-Grant:

In the recent Supreme Court case ofMonsanto Co. v. Geertson Seed Farms, the ...

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Patent Trolls Just a Cost of Doing Business for Big Tech from www.ipwatchdog.com

As so many run to condemn patent trolls and would like to compromise the integrity and strength of all patent rights to combat what they perceive as bad actors, I wonder whether patent trolls are ...

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American Needle Victorious at Supreme Court But Loses Trademark Infringement Jury Verdict in Dallas from www.ipwatchdog.com

Classic Ink, Inc., owner of Classic Sports Logos brand apparel line and rapidly growing trademark licensing firm, secured a major legal victory in the U.S. District Court for the Northern District of Texas against ...

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Danes press again for Infopaq answers from ipkitten.blogspot.com

Above: The Kats of Justice of the European Union know the answers ... but they're not telling.
European copyright enthusiasts will already know all about Case C-5/08 Infopaq International A/S v Danske Dagblades ...

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Rule 141 and further EPO obstructions from ipkitten.blogspot.com

As if things weren't complicated enough already, what with all the rule changes this year and the looming 1 October deadline for divisional applications, the EPO will be making things a little bit more ...

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All Things Pros from allthingspros.blogspot.com

Takeaway: The reexam decision Ex parte Port-A-Cool, LLC shows that to rebut a prima facie case of obviousness, you need to do more than merely assert that the combination of features represents more than the ...

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Update on protecting your assets via noncompete agreements from www.athenaalliance.org

In a posting a couple of months ago, I noted that IBM was suing a former employee -- Joanne Olsen -- for violated a one year noncompetition agreement when she took a senior position with Oracle. Today ...

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The Naked Cowboy Drags The Naked Cowgirl To Court from tacticalip.com

by Mark Malek Although this happened a few weeks back, I still get a kick out of this story, and I’ve been hearing more and more about it.  The Naked Cowboy (Robert Burck) has ...

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Absorbing technology from www.athenaalliance.org

David Wessel's column today was about how "The Demographics Driving Nations' Wealth". But he includes this great throwaway line: "Belgium is rich not because it is big or has invented a lot, but because ...

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Guest Post: The Great Haste and Less Milling of Beer v. United States from www.patentlyo.com

Guest Post: The Great Haste and Less Milling of Beer v. United States (Fed. Cir. 2010, cert. pet. pending)

By Andrew Dhuey

When patent litigators hear the term “rocket docket”, they usually think of the ...

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Sizing Privacy Harm from www.iposgoode.ca

Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School In a recent blog posted on the IP Osgoode website I considered the ruling in City of Ontario v ...

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Patent Law in Palm Springs Sweepstakes from intellogist.wordpress.com

Imagine escaping to Palm Springs, California and staying in style at a beautiful sanctuary in the desert with amazing views of the Santa Rosa Mountains. Playing a round of championship golf, enjoying a few sets ...

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Roche Hit with New Breed of Patent Suit from www.infringementupdates.com

The following is excerpted from an August 11, 2010articleby J.K. Wall published at Indianapolis Business Journal:

Roche Diagnostics Corp. has been hit with a new kind of patent lawsuit that attorneys are ...

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Baran v. Medical Device: impact of case management order from ipbiz.blogspot.com

At the end of the opinion in the Baran case, the CAFC upheld
the striking of portions of Baran's declaration in opposition to summary judgment:

We also find no merit in Dr. Baran’s ...

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“The ratio decidendi of the decision can stand legal scrutiny sans references to the articles plagiarized" from ipbiz.blogspot.com

Following criticism of Supreme Court Justice del Castillo, there has been a backlash, including text:

“The ratio decidendi of the decision can stand legal scrutiny sans references to the articles plagiarized. The alleged plagiarism uploaded ...

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The Current State of the Patent Marketplace from dcipattorney.com

The following are highlights from my recent presentation on “The Patent Marketplace: Past and Present,” at the National Bar Association’s 85th Annual Convention in New Orleans, LA on August 11, 2010.

I have ...

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TruePosition, Inc. v. Andrew Corp. from www.717madisonplace.com

TruePosition, Inc. v. Andrew Corp., 2009-1389 (Fed. Cir. Aug. 12, 2010) was decided today via a Rule 36 affirmance.  The curious thing about this case is that the oral argument took place back on February ...

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Kevin Collins: An Initial Comment on King Pharmaceuticals: The Printed Matter Doctrine as a Structural Doctrine and Its Implications for Prometheus Laboratories from www.patentlyo.com

Kevin Collins has written a new Patently-O Patent Law Journal essay discussing the recent decision in King Pharmaceuticals. [Read the full essay]

On August 2, 2010, the Federal Circuit affirmed the district court’s summary ...

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USPTO Launches Facebook Page from www.patentdocs.org

By Sarah Fendrick -- The U.S. Patent and Trademark Office recently launched an official page on Facebook that will provide regular updates from the Office and provide a public forum for comments, feedback, and discussion ...

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Biotech/Pharma Docket from www.patentdocs.org

By James DeGiulio -- Cephalon and Mylan Pharmaceuticals Agree to Drop Two Patents from Nuvigil Patent Suit Cephalon Inc. and Mylan Pharmaceuticals Inc. have agreed to drop two of the three patents originally involved in their ...

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