Patent & IP news for January 4, 2011
Patent Litigations
- The Turtle Company Inc. v. B*Tween Productions, Inc. et. al. filed 2010-12-30 in New Jersey
- Synchronoss Technologies Inc. v. Dashwire, Inc. filed 2011-01-03 in Wisconsin Western
- Promote Innovation LLC v. Frederick Hart Co., Inc. filed 2011-01-04 in Texas Eastern
- Stalcup et. al. v. Liu et. al. filed 2011-01-03 in California Northern
- Rovi Corporation et. al. v. Amazon.Com Inc. et. al. filed 2011-01-03 in Delaware
- Walker Digital LLC v. Activision Inc. et. al. filed 2011-01-03 in Delaware
USPTO Stats
appl'ns
patents
decisions
Patent & IP Blogs
Top 5 Patent Search Resolutions for 2011 from intellogist.wordpress.com Around this time of year, it’s in vogue to promise yourself that you’ll be better this year. No more indulging in fatty diets, no more putting off that novel you want to write ...
Wintersteiger 2: the mechanism for commenting on Court of Justice references from ipkitten.blogspot.com If the Intellectual Property Office can
sort this little problem out, government
will get free advice from well-informed
stakeholders -- IP owners, industry
and trade groups, consumers ... A spin-off from last week's Katpost on Wintersteiger ...
Spain: Modification of EP translations from patlit.blogspot.com On November 4, 2010, Spanish Supreme Court has granted three appeals filed by Pfizer and Warner-Lambert regarding denial of modification of translations of three of their European Patents.
According to the Spanish reservation for product ...
More on the "Lindt bunny (reindeer, ribbon and Storck mouse) shape" cases from ipkitten.blogspot.com While we are still snacking on our Christmas confectionery -- or a determinedly trying to stay away from everything that is calorific, this Kat has finally found a quiet moment to translate and summarize the General ...
Patents, Penalties, Prejudice and Poker: it's litigation costs again from patlit.blogspot.com An essential piece part of the
patent litigation team's equipment Intellectual property solicitor and litigation expert Chris Ryan is also something of an academic, which explains both the content of the following note and ...
The Envelope Please: ABA Top 100 Blawg Results Announced from ipwatchdog.com On November 30th, 2010, the Editors of the ABA Journal had announced the selection of the top 100 best law blogs by lawyers, for lawyers. Readers were then given one full month to vote for ...
Locking Up Damages from www.patenthawk.com Uniloc sued Microsoft over its product activation software, infringing Uniloc's 5,490,216. Uniloc convinced a jury of willful infringement, to the tune of $388 million, plus $86 million in interest. Microsoft then swayed ...
Wintersteiger 1: the facts from ipkitten.blogspot.com I don't mind the skiing, said Fritz,
but I don't see why I have a do it
while dressed in a tea-cosy The IPKat posted a note last week on Case C-523/10 ...
On-line Music in China: Harbinger or Outlier? from ipfinance.blogspot.com 
After a decade of efforts, the jury is still out: what are the long-term prospects for convincing consumers to pay for recorded music in an online/digital world. Sure, we have the per item model ...
Microsoft Wins at CAFC, 25% Reasonable Royalty Rule Dies from ipwatchdog.com
Earlier today Uniloc USA, Inc. won a partial victory today in an appeal to the United States Court of Appeals for the Federal Circuit in their case against Microsoft. See Uniloc USA, Inc. v. Microsoft ...
By James DeGiulio -- Takeda Completes Settlements with 11 Generics, Finally Ending Actos Patent Dispute Takeda has completed settlements with all defendants in the patent litigation brought against several generic companies in response to their ANDAs ...
By Donald Zuhn -- Reflecting upon the events of the past twelve months, Patent Docs presents its fourth annual list of top biotech/pharma patent stories. For 2010, we identified a dozen stories that we covered ...
In Akamai Technologies, Inc. v. Limelight Networks, Inc., the Federal Circuit clarified the requirements for establishing joint infringement—a theory of direct infringement that may be used when a single party does not perform all ...
I was watching the BBC news this morning and there was a feature on a hybrid airship which could behave like a helicopter, and which was by a British company called Hybrid Air Vehicles. Apparently ...
Here is another sampling of recent registrations our clients have received from the USPTO, so readers can see real examples of brands and marks which are being protected [click trademark or logo to open USPTO ...
Litigation Based Rationale Falls Flat Before USPTO
As the truism goes in patent litigation circles, “that which infringes if later, anticipates if earlier.” Yet, in the last patent reexamination decision of the Board of Patent ...
Apropos yesterday's posting on structural versus cyclical unemployment, here is an interesting posting by Catherine Rampell in the Economix blog of the NY Times -- The Jobs They Are A-Changin':
A large fraction of displaced ...
FYI -- from Bruce Bartlett The Very Real Threat of a U.S. Debt Default. Bruce is not exactly a flaming liberal (having worked for both Ron Paul, Jack Kemp and Ronald Reagan and having served ...
Paul Allen’s lawsuit against Google and other search, advertising and e-commerce companies is attracting a lot of attention, including explanations from folks like me about how the lawsuit demonstrates one way to profit from ...
I’m sure you’ve seen the words “patent pending” or “patent applied for” on a product or package before. What exactly do these phrases mean? What legal rights are attached to them?
MarkingPatentees ...
By Aaron B. Thalwitzer The New Year is upon us and the holiday season behind us, so let’s get right to it, shall we? Now is the time to update your copyright notice for ...
You file a patent application. You go through a couple of rounds with the examiner but are unsuccesful in obtaining a patent grant. You appeal to the Board of Patent Appeals and Interferences (“BPAI”) arguing ...
Steve Lohr in the New York Times writes of the recent Chinese government document describing goals for increasing the nation’s production of patents:
In a recent interview, David J. Kappos, director of the United ...
Further to an earlier IPBiz post [
Rhode Island patent jury “lacked a grasp of the issues before it"; Microsoft gets win in Uniloc case ], the CAFC reversed the District Court of Rhode Island, and upheld ...
See the Bacon & Thomas blog for the post Broadest Possible Interpretation Versus Broadest Reasonable Interpretation.
BPAI case of Ex parte Childers (app 10/286,314)
Separately, see Jim Singer on COURT: “AGREEMENT TO ASSIGN” A ...
In text describing his departure from the Village Voice, political columnist Wayne Barrett wrote:
My credo has always been that the only reason readers come back to you again and again over decades is because ...
Washington, D.C. – The Court of Appeals for the Federal Circuit (“CAFC”) overturned the district court’s finding of non-infringement. After Uniloc won a jury award of $388 million, the district court granted judgment as ...
By Jason Rantanen
Uniloc USA, Inc. v. Microsoft Corp. (Fed. Cir. 2011)
Panel: Rader, Linn (author), Moore
Uniloc v. Microsoft involves a host of issues, although one stands out as particularly noteworthy. While "passively tolerat ...
To establish infringement of a method claim, a patent holder must show that all of the recited steps in the claim are performed by a defendant. If the recited steps are not performed by a ...
A decision by the Indian Patent Office to reject a patent on an AIDS drug last week has drawn acclaim from civil society and Indian generic pharmaceutical industries. The decision was not based on a ...
Today, the U.S. Court of Appeals for the Federal Circuit threw out the 25% royalty rate rule of thumb for calculating damages in a patent infringement case (see the Wall Street Journal "Court Changes ...
A new policy guide has been released that analyzes the public health effects of intellectual property rights provisions in bilateral trade agreements. The guide has a special focus on the Eastern Mediterranean region. Related Articles ...
Dan Whalen is a JD candidate at Osgoode Hall Law School In late December, industry leader British American Tobacco won permission in Australian courts to pursue damages against a local importer for infringing upon one ...
In the last few years, games such as Rock Band and Guitar Hero have turned everyday Joe’s into rock stars. Following this trend, the new toy guitars called “Paper Jamz” feature pre-programmed songs that ...
Continuing with my Top 10 Mistakes in Arguing on Appeal to the BPAI, in this post I'll discuss Mistake #2: Arguing outside the claims.
In discussing Mistake #1, I said that you need to ...
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