Patent & IP news for March 30, 2011

Patent Litigations

USPTO Stats

5,388
published
appl'ns
5,072
granted
patents
150
ptab
decisions

Patent & IP Blogs

post image Wednesday whimsies from ipkitten.blogspot.com

Fingered.  Last week, in "Coming to their Sensis: of Aussies, scams and the Yellow Peril", the IPKat featured a report on a successful, if stressful, attempt to drive a scammer off a URL which it ...

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post image Word Up from www.patenthawk.com

Some litigators have bigger egos than brains, failing to understand the basic communication tenet of signal to noise. And so proliferant pontification is preferred to on-point terse. And, like litigators' mother's milk, there is ...

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post image Birthing from www.patenthawk.com

Hal Wegner on the prospects of the pending Patent Act: "There is now a widespread understanding that while there may be some amendments to various portions of the bill, in the end both the House ...

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post image Article One Featured Researcher: Xu Liu from info.articleonepartners.com

Having learned about Article One from David Stork, the Chief Scientist at Ricoh California Research Center, this week’s Featured Researcher is Dr. Xu Liu from Cupertino, California. With 15 pending U.S. patents, and ...

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post image The role of IP in the Enercon dispute – Lessons for future Joint-Ventures in India from spicyipindia.blogspot.com

While we have been tracking the Enercon patent dispute for a few months now, it should not be forgotten that the main battle between Enercon GmBH and the Mehra Group, is for management control – over ...

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post image EPlus v. Lawson Software -- ResQNet Doesn't Let You Pick and Choose from patent-warrior.blogspot.com


As the ResQNet decision continues to roll on through the world of patent damages, the scope of how and when to use settlement agreements to calculate a reasonable royalty is becoming, if anything, even more ...

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post image Legal Fictions and IP: Yes, No, Maybe from ipkitten.blogspot.com

I am doing some writing for a chapter in a to-be-published collection to which I hope to contribute. I can't spill too many of the proverbial beans about the contents of the chapter. I ...

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post image Anand Sharma gives a No to Data Exclusivity from spicyipindia.blogspot.com

Picture Credit: Kevin Dean from www.betaart.com
As we've highlighted several times on this blog, the pharmaceutical lobby in EU and US have (through their governments) tried to push India into accepting many ...

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post image An eDate and a patch on the bottom from ipkitten.blogspot.com

Wishing profoundly that he had been able to master any modern European language other than his own, ths member of the IPKat team draws the attention of his readers to Affaires C‑509/09 et ...

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post image Servier v Apotex [2011] EWHC 730 (Pat) - Cross-Undertakings and Ex Turpi Causa from ipkitten.blogspot.com

It has been rumoured that Mr Justice Arnold has produced some judgments which contain fewer than 100 paragraphs. Some have even heard tell of one mythical judgment in which the paragraph count struggled majestically but ...

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post image Waking the sleeping giant from ipfinance.blogspot.com

Dr Roya Ghafele (University of Oxford), a one-time member of the IP Finance team and a respected commentator on a variety of issues involving the interface of IP legal issues with the so-called real world ...

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Letterman says MSU beat Butler last year from ipbiz.blogspot.com

David Letterman mistakenly referred to Michigan State beating Butler in the NCAA finals last year.

Butler lost to Duke in the finals, after beating MSU.

In the "top 10" list on political dinners, Letterman did ...

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CLE on Centocor v. Abbott from www.patentdocs.org

Law Seminars International (LSI) will be offering a one-hour telebriefing on the Federal Circuit's recent decision in Centocor Ortho Biotech, Inc. v. Abbott Laboratories on March 31, 2011 from 3:00-4:00 PM (ET ...

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Disparate Times Call for Disparate Measures from www.717madisonplace.com

. Case Error Litigation or Prosecution Consequence Dayco Products v. Total Containment, 329 F.3d 1358 (Fed. Cir. 2003)   Judges Mayer, Michel, and Dyk   Failure to cite office action from prosecution of application “A” to PTO ...

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Patent Reform Discussion Moves to House from www.patentdocs.org

By Donald Zuhn -- On Wednesday afternoon, the House Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing on the House version of Senate bill S. 23, otherwise known as the "America Invents ...

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Rihanna’s new twist to S&M from ipwars.com

Purely in the interests of improving professional understanding (and not at all for the purposes of titillation) I should draw your attention to Mallesons’ report that Rihanna’s S&M; pop video, or at least ...

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Plumen gets award for energy saving lightbulb design from britishlibrary.typepad.co.uk

Plumen, a company based in London, has won the overall award of the Brit Insurance Designs of the Year 2011 competition. It's a "designer" energy-saving lightbulb: the Plumen 001. Lightbulbs...

(From Steve van Dulken ...

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“Ripping” Off the Music Industry: Stream-Ripping, a File-Sharing Alternative from www.iposgoode.ca

Nora Sleeth is a JD Candidate at Osgoode Hall Law School and currently enrolled in the course Law & Social Change: Law & Music, in Winter 2011. As part of the course requirements, students are asked to ...

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North Carolina State University in Trademark Dispute with Lyola University from tacticalip.com

By: Mark R. Malek Just in case you have somehow forgotten, I am a die hard NC State Wolfpack fan.  As they say, I bleed Wolfpack Red.  When I was going through the dozen of ...

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Law Firms Compound Cost Of Patent Litigation from gametimeip.com

A recurring issue the past few years in patent litigation is the amount of detail that patent owners are required to provide when they initiate a lawsuit. The truth is, most judges will tolerate a ...

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The fallacy of linking citations to quality from ipbiz.blogspot.com

A post at IAM begins:

The United States remains the world’s dominant force in science, according to research published yesterday by the UK’s Royal Society. Knowledge, Networks and Nations reports that the US ...

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Response to competitiveness RFI - entrepreneurship, education and exports from www.athenaalliance.org

Continuing our series of comments on the questions posed by the Commerce Department's Competitiveness study RFI (see earlier postings), lets us move on to the three E's: entrepreneurship, education and exports. In topic ...

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Invention Analysis and Claiming Seminar from www.patentbaristas.com

A two-day “Invention Analysis and Claiming” seminar is being offered this May in New York (May 12-13), Chicago (May 16-17) and Santa Clara (May 19-20). The program is based on the book “Invention Analysis and ...

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Invention Analysis and Claiming from www.infringementupdates.com

Ron Slusky is presenting the above-titled seminar in New York (May 12-13, 2011), Chicago (May 16-17, 2011) and Santa Clara (May 19-20, 2011). THE CHALLENGE... ◆ Are you using the claim drafting process as the vehicle ...

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Motorola Investment Forecast: Increased Cloud Cover from www.iposgoode.ca

Sara Jackson is a JD candidate at Osgoode Hall Law School and currently enrolled in the course Law & Social Change: Law & Music, in Winter 2011. As part of the course requirements, students are asked to ...

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US Farmers Sue Monsanto Over GMO Patents, Demand Right To Conventional Crops from www.ip-watch.org

The Public Patent Foundation filed suit yesterday against Monsanto’s patents on genetically modified seeds with farmers asking to be protected against the biotechnology giant’s potential lawsuits in case of accidental contamination from plants ...

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FAO Seed Treaty Carries Hope, Addressing Country Contributions, Farmers Concerns from www.ip-watch.org

Funding mechanisms and farmers’ rights were among the issues that captured the attention of member countries of the International Treaty on Plant Genetic Resources for Food and Agriculture during the biannual meeting of its Governing ...

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Dutch Sony seizure dispute: a case for New Amsterdam from ipkitten.blogspot.com

Going Dutch: Kat and Klock
with tulip motif, here
In "Taking the PS3s ..." earlier this month the IPKat thought he had tidied up the loose ends, solved all the problems and removed all the speculation ...

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"False advertising" claim fails in Seat Sack v. Childcraft from ipbiz.blogspot.com

This was an internet-era case: Appellant provided evidence that Childcraft’s
website was programmed so that, at least during some
period of time, a visitor entering the term “Seat Sack” into
the website’s search ...

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What Is An Invention? The Google Doodle Patent As An Example from gametimeip.com

The recent uproar about the Google “Doodles” patent has again raised the question about what, exactly, is allowed to become a patented invention.  A fundamental misunderstanding is that inventors obtain patents for “ideas” or “concepts ...

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Infringement defendants win in Radar v. Cleveland from ipbiz.blogspot.com

If you ever wondered what a "clevis link" was:

Clevis links are
used in a variety of manufacturing contexts, including in
automobile manufacturing where they connect the auto-
motive radiator to the engine. The patented ...

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WIPO Discusses Industrial Design Treaty, Trademark Protection On Internet from www.ip-watch.org

World Intellectual Property Organization members congregated this week to advance work on a potential treaty on industrial designs, and to look into trademark protection against infringement on the internet, including through social media. But they ...

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Unlocked: Opposition Surrounding Former Bill C-32’s “Digital Lock” Provisions from www.iposgoode.ca

Tracy Ayodele is a JD candidate at Osgoode Hall Law School and currently enrolled in the course Law & Social Change: Law & Music, in Winter 2011. As part of the course requirements, students are asked to ...

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Cloudy Copyright Forecast for New Amazon Music Service from thepriorart.typepad.com

By Andrew Goldberg Amazon's push to beat Google and Apple to the punch in unveiling its new "music locker" service this week could cause the company to face a combination of new copyright challenges ...

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Better Patent Search With Two Monitors from intellogist.wordpress.com

When you don’t know that you don’t know, it’s a lot different than when you do know that you don’t know. – Bill Parcells It can be hard to spot deficiencies in ...

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Rep. Michaud Reacts to House Patent Reform Bill from gametimeip.com

Responding to the introduction of the America Invents Act, Maine Congressman Mike Michaud just released the following statement: “I am disappointed and concerned with the ‘America Invents Act.’ Patent reform should focus on addressing the ...

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Congressman Proposes Sensible, Two-Step Patent Reform Process from gametimeip.com

Earlier today I reprinted a statement from Maine Congressman Michaud voicing his opposition to the proposed patent reform bill (pdf). The most salient point from Michaud: Patent reform should focus on addressing the Patent and ...

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Federal Circuit Refuses to Require Examiners to Perform Claim Construction as Part of the Examination/Rejection Process from www.patentlyo.com

In re Jung (Fed. Cir. 2011) Ed Jung is a co-founder of intellectual ventures and Dr. Lowell Wood is a world renowned technologist. In 2004, the pair filed a patent application for a photo-detector array ...

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Kookaburra laughs louder from ipwars.com

The Full Court has dismissed EMI’s appeal from the finding that versions of Men At Work’s DownUnder infringed Larrikin’s copyright in Kookaburra Sits in the Old Gum Tree. Emmett, Jagot and Nicholas ...

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Exchange Control and IP - Nervous Celebration from ipfinance.blogspot.com

There are a number of differences between working in IP in the United Kingdom and doing the same in South Africa (RSA). One of the biggest is the frequent need to understand the concept of ...

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