Patent & IP news for April 12, 2011

Patent Litigations

USPTO Stats

4,401
published
appl'ns
5,075
granted
patents
55
ptab
decisions

Patent & IP Blogs

post image Mirror World v. Apple -- The Entire Market Value Rule Strikes Again from patent-warrior.blogspot.com


For damages purposes, this case is actually known for an apparent mixup, where the jury awarded damages per patent for essentially the same conduct -- a verdict that the plaintiff did not ask for, but later ...

Share via E–mail | Twitter | Facebook

post image WEB SHIPPING ruling: CTM injunctions both are and aren't pan-European from ipkitten.blogspot.com

This morning the Court of Justice gave its ruling in Case C-235/09, DHL Express France SAS (formerly DHL International SA) v Chronopost SA, a case which the IPKat suspects will be greatly discussed, analysed ...

Share via E–mail | Twitter | Facebook

post image Judicial reform of patent litigation in the US: new article published from patlit.blogspot.com

"Judicial reform of patent litigation in the USA" is the title of a team-authored article which will soon be published in the Journal of Intellectual Property Law and Practice (JIPLP). The team consists of James ...

Share via E–mail | Twitter | Facebook

post image No Control from www.patenthawk.com

6,757,898 claims a networked medical database, over which McKesson sued Epic Systems. Epic licenses the accused product, MyChart, to healthcare providers. Epic's second summary judgment motion of non-infringement convinced the district court ...

Share via E–mail | Twitter | Facebook

post image "O Sole MyIPO ..." from ipkitten.blogspot.com

Getting the OHIM Examiners choir to sing
"All Things Must Pass" was never going to be easy ....
When the IPKat received information that the Malaysian Intellectual Property Office (a.k.a. MyIPOhad its own ...

Share via E–mail | Twitter | Facebook

post image Building an Invalidity Position from www.patenthawk.com

Most patents are junk. But proving that to a judge or jury is no easy task. The more technical the claimed invention, the more difficult it can be to convey the mapping between prior disclosures ...

Share via E–mail | Twitter | Facebook

post image Crown Packaging v. Ball Metal Beverage Container: The Problem-Solution Approach to Written Description Issues from www.patentlyo.com

By Jason Rantanen Crown Packaging Technology, Inc. v. Ball Metal Beverage Container Corporation (Fed. Cir. 2011) Download 10-1020 Panel: Newman, Dyk (dissent), Whyte (author) For the past decade, the Federal Circuit has struggled to reconcile ...

Share via E–mail | Twitter | Facebook

post image Recent journals from ipkitten.blogspot.com

The IPKat welcomes the newly-launched Queen Mary Journal of Intellectual Property which, as its title suggests, is a quarterly peer-reviewed journal about intellectual property which originates from the IPKat's friends and colleagues at Queen ...

Share via E–mail | Twitter | Facebook

post image Vodafone in Africa - a red footprint from ipfinance.blogspot.com

Vodacom, RSA’s market leader in the cellular network space with a market share of 58% and 23 million customers (Wikipedia), is undergoing a major re-brand from its traditional blue/green to red. If you ...

Share via E–mail | Twitter | Facebook

post image Starclipz’s Trade Secret and Fraud Lawsuit Removed To Federal Court from www.iptrademarkattorney.com

Los Angeles, CA – Starclipz sued Stargreetz and its principals in Los Angeles Superior Court for unfair competition, trade secrets misappropriation, interference with prospective advantage, conversion and other causes of action, none of which specifically included ...

Share via E–mail | Twitter | Facebook

post image USPTO to Host Clean Technology Partnership Meeting from www.patentabilityblog.com

The United States Patent and Trademark Office (USPTO) announced that it will host its first Clean Technology Partnership Meeting on Wednesday, April 27th to bring clean technology stakeholders together to share ideas, experiences and insights ...

Share via E–mail | Twitter | Facebook

Patent Term Adjustment - When Is An Action An Action? from www.pharmapatentsblog.com

Yet another complaint has been filed against the USPTO challenging Patent Term Adjustment. The issue raised in Oncolytics Biotech Inc. v. Kappos is whether a deficient Office Action that was subsequently vacated by the USPTO ...

Share via E–mail | Twitter | Facebook

Europe Creates Orphan Works Registry, Copyright ID System; Digitises EU Content from www.ip-watch.org

A European Commission-backed project to identify copyright holders and define orphan works - whose copyright owners cannot be found - recently presented its results and is heading to a second phase with more partners. The project advances ...

Share via E–mail | Twitter | Facebook

Jon Dudas at FIRST on inventions of children from ipbiz.blogspot.com

from yahoo.finance:

"Kids are natural innovators," said Jon Dudas, who used to work for the U.S. Patent & Trademark Office but is now the president of FIRST, an organization designed to help foster innovations ...

Share via E–mail | Twitter | Facebook

Behind Walker Digital’s Velvet Glove Lies An Iron Fist from gametimeip.com

Patent licensing without the backdrop of litigation shouldn’t be rocket science.  But Intellectual Ventures figured out last year that before shaking hands with the velvet glove, opponents want to peek at the iron fist ...

Share via E–mail | Twitter | Facebook

New stuff from the PTO from allthingspros.blogspot.com


  • EFS-Web has been updated to process several types of petitions automatically. See the PTO notice  here. You fill out an online form and the petition is granted in real time by EFS software, without action ...

Share via E–mail | Twitter | Facebook

Non Sequitur: We Need to Go Back to the Clinton Tax Rates from ipwatchdog.com

For goodness sake, innovation is the key to a better economy, not raising taxes! Simply stated, taxing more at a time when individuals and businesses are doing less well is not the same as taxing ...

Share via E–mail | Twitter | Facebook

February trade in intangibles from www.athenaalliance.org

On the surface, this morning's trade data for February was good news. The deficit dropped by $1.2 billion to $45.8 billion. The bad news, however, was that improvement was due to slower ...

Share via E–mail | Twitter | Facebook

Failure to Allege Who Withheld Information From PTO Sinks Inequitable Conduct Counterclaims from docketreport.blogspot.com

The court granted plaintiff's motion to dismiss defendant's inequitable conduct counterclaim for failure to plead with particularity. "Counterclaim I fails to specifically identify who knowingly and purposefully withheld the allegedly material information regarding ...

Share via E–mail | Twitter | Facebook

Robertson #2: Class Action Settlement Approval Matters Heard from www.iposgoode.ca

Kirk Baert and Jonathan Bida of Koskie Minsky LLP are class counsel in this action. Heather Robertson has prosecuted two class actions on behalf of freelance authors in Canada relating to the reproduction of their ...

Share via E–mail | Twitter | Facebook

Oral Argument in 9th Circuit Facebook Case from www.717madisonplace.com

The 9th Circuit released its decision in Facebook et al. v. Connectu, Inc., 08-16873 (9th Cir. April 11, 2011) concerning a disputed settlement agreement in the lawsuit regarding who came up with the idea for ...

Share via E–mail | Twitter | Facebook

Exploring the WIPO Global Brand Database from intellogist.wordpress.com

Who enjoys searching for trademarks?  I don’t know many people who like using the clunky interface of the Trademark Electronic Search System (TESS) over at the USPTO website when they need to search for ...

Share via E–mail | Twitter | Facebook

"Patent law is a creature of statute" from ipbiz.blogspot.com

In the suit brought by patentee MCKESSON TECHNOLOGIES, Epic Systems peevailed.
The Court of Appeals for the Federal Circuit noted:

Patent law is a creature
of statute and “expanding the rules governing direct
infringement to ...

Share via E–mail | Twitter | Facebook

Fixing the “First Inventor to File” One-Year Grace-Period Provision of the Patent Reform Bills from www.patentlyo.com

Guest Post by Ted Sichelman, University of San Diego School of Law As any avid reader of Patently-O knows, the pending patent reform bills all contain a shift from a primarily "first to invent" to ...

Share via E–mail | Twitter | Facebook

The Most Powerful Idea in the World: A Story of Steam, Industry, and Invention from hallingblog.com

Human character (or at least behavior) was changed, and changed forever, by seventeenth-century Britain’s insistence that ideas were a kind of property. This notion is as consequential as any idea in history

Share via E–mail | Twitter | Facebook

Manager’s Amendment for H.R. 1249 from inventivestep.net

Today, Rep. Lamar Smith (R-TX) introduced a Manager’s Amendment to H.R. 1249.  The amendment makes a number of changes to the text of the original bill. First, the definition of prior art is ...

Share via E–mail | Twitter | Facebook

Preparing The World To Influenza Pandemic, Industry Key Role, Says WHO from www.ip-watch.org

An influenza pandemic is like the sword of Damocles over the world, and the recent H1N1 pandemic showed that the global response was inadequate, said the co-chairs of a World Health Organization group working on ...

Share via E–mail | Twitter | Facebook

USPTO to Host Clean Technology Partnership Meeting from ipwatchdog.com

Leading industry experts will provide an overview of the clean technology landscape, addressing the importance of regional accelerators, giving an update on clean tech patents, and highlighting the benefits of the USPTO’s Green Technology ...

Share via E–mail | Twitter | Facebook

A Historical Perspective on the Gene Patent Controversy from holmansbiotechipblog.blogspot.com

"A page of history is worth a volume of logic”
- New York Trust Co. v. Eisner, 256 US 345, 349 (1921) (Holmes, J.).


Critics postulate that gene patents threaten to impede next-generation genetic testing technologies ...

Share via E–mail | Twitter | Facebook

Charlie Crist Settles With Talking Heads from tacticalip.com

By Daniel Davidson It is becoming an alarming trend for politicians and political parties to use someone else’s intellectual property in their campaigns.  You may remember when Jackson Browne raised his eyebrow to the ...

Share via E–mail | Twitter | Facebook

Trademark Litigation Tactics Study was due to Congress March 17 – where is it? from ipelton.wordpress.com

Has the USPTO failed to comply with the law requiring it to report to Congress regarding trademark litigation tactics? On March 17, 2010, the Trademark Technical and Conforming Amendment Act of 2010 became law [Pub ...

Share via E–mail | Twitter | Facebook

International Patent History and Laws: Japan from info.articleonepartners.com

Today we bring you post three of a new five-part series on world patent and IP histories and laws. In this series, we’ll travel through Brazil, China, Japan, the European Union and India, highlighting ...

Share via E–mail | Twitter | Facebook

BPAI expands the reach of Agilent Doctrine in Ex Parte Smart from www.postgrant.com

The United States Patent Office recently published an new informative decision by the Board of Patent Appeals and Interferences.  In Ex parte Smart, the BPAI dealt for the first time with the doctrine developed by ...

Share via E–mail | Twitter | Facebook

Negotiations 101 - By Speaker John Boehner from www.ipadrblog.com

Speaker John Boehner showed his opponents how to negotiate. He used three standard but sophisticated techniques that those who are schooled in negotiations will recognize immediately.

The first one concerned the opening offer. If you ...

Share via E–mail | Twitter | Facebook

Infineon Files Patent-Infringement Lawsuit Against Rival Atmel in Delaware from www.infringementupdates.com

The following is excerpted from an article by Phil Milford at Bloomberg published on April 12, 2011: German chipmaker Infineon Technologies AG (IFX) sued smaller U.S. rival Atmel Corp., alleging infringement of 11 patents ...

Share via E–mail | Twitter | Facebook

BPAI affirms obviousness when Applicant's evidence shows that advantages of claimed feature were known from allthingspros.blogspot.com

BPAI affirms obviousness when Applicant's evidence shows that advantages of claimed feature were known

Takeaway: In an application for a medical device, the Applicant offered declaration evidence explaining why a claimed feature was superior ...

Share via E–mail | Twitter | Facebook

Federal Budget Cuts = USPTO Budget Cuts? from www.patentlyo.com

For the most part, government accountants do not care that the USPTO is fee-funded rather than taxpayer-funded. Thus, $100 million cut from the USPTO budget counts as $100 million cut from the federal budget. In ...

Share via E–mail | Twitter | Facebook

Court Report - Part II from www.patentdocs.org

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Alcon Pharmaceuticals Ltd et al. v. Watson Laboratories Inc. et al. 1:11-cv-00293; filed April 7 ...

Share via E–mail | Twitter | Facebook

Some content © 2007–2014 RPX Corporation.
Terms of Service & Privacy Policy
For DMCA requests contact help@priorsmart.com.