Patent & IP news for May 9, 2011

USPTO Stats

7,815
published
appl'ns
3,924
granted
patents
72
ptab
decisions

Patent & IP Blogs

post image The Copyright Tribulations of Thomas Jefferson from ipkitten.blogspot.com


This Kat remembers that it was not so long ago (the late 1980s) that he was struggling to figure out how to fashion contracts with Chinese publishers for the publication of Hebrew literature in Chinese ...

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post image Deutsche Bahn appeals "red and grey" to ECJ from ipkitten.blogspot.com

The Curia website brings us news of an appeal which has been lodged by Germany’s railway company Deutsche Bahn AG against the judgment of the General Court (Eighth Chamber) in Case T-404/09 Deutsche ...

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post image Copyright Infringement Lawsuit Over 3D Shape Of Smoking Hookah Water Pipe from www.iptrademarkattorney.com

Los Angeles, CA – Inhale, Inc. filed a copyright infringement suit against Starbuzz Tobacco for allegedly copying Inhale’s hookah water pipe’s three-dimensional design. Smoking device designs are apparently a hotbed of intellectual property where ...

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post image Same-day suits in different courts: some questions from patlit.blogspot.com

This member of the PatLit team has just been asked some questions and he doesn't offhand know the answer. The scenario runs thus:
"I [in this instance "I" is a microcompany with very limited ...

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post image Monday miscellany from ipkitten.blogspot.com

A quick reminder: the IPKat's Peer-to-Patent seminar offers you a unique opportunity to discover what Peer-to-Patent is all about, how the UK Intellectual Property Office's experiment will work, how it feels like to ...

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post image Valuing the Intangible: Top 100 Global Brands from ipkitten.blogspot.com

Those that regularly read this blog will know that this particular Kat is especially fond of numbers – statistics, figures, tables, averages and valuations amongst other things (readers may also be interested to note that he ...

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post image Not IP as such, but still important to IP-ers from ipkitten.blogspot.com

Judgment was delivered last week, on 3 May, by the Court of Justice in Case C-375/09 Prezes Urzędu Ochrony Konkurencji i Konsumentów v Tele 2 Polska sp. z o.o., now Netia SA.  The ...

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UNCTAD: Bundle Of Opportunities To Improve Medicines Access In LDCs from www.ip-watch.org

Access to essential medicines in least developed countries (LDCs) could be facilitated through local production, according to a report released today by the United Nations Conference on Trade and Development. Related Articles:

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US Senator To Introduce ‘Do-Not-Track’ Legislation from www.ip-watch.org

The chairman of the United States Senate Committee on Commerce, Science and Transportation has announced he will introduce legislation that would allow consumers to control the collection and use of their personal information by online ...

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London's The Invention Centre from britishlibrary.typepad.co.uk

On Friday I attended the launch of The Invention Centre, which is hosted by the Round Table of Inventors, a Croydon-based group, close to Norwood Junction station. Most inventors' groups meet in...

(From Steve van ...

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11th Circuit: Employer not liable for copyright infringement by its employee without direct evidence of financial benefit from ipspotlight.com

In an unpublished opinion, the U.S. Court of Appeals for the 11th Circuit recently upheld a ruling that refused to impose liability on an employer for copyright infringement by an employee.  In Klein & Huchman ...

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Judge Rader featured as keynote speaker at upcoming ABA CLE from ipspotlight.com

The ABA Section of Litigation’s Intellectual Property Litigation Committee has announced the First Annual Intellectual Property Litigation Committee Regional CLE Workshop, to be held June 10, 2011 at the Washington, D.C. offices of ...

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Social media as an intangible from www.athenaalliance.org

Here is an interesting point that should be obvious -- but we needed someone to say it. We all know that your brand/trademark and company name are intellectual assets -- along with your patents and copyrights ...

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Red Had CEO Says What Everyone Else Knows, Riot Ensues from tacticalip.com

Aaron Thalwitzer Red Hat is a billion-dollar company that focuses exclusively on open source software, and it has had more than its share of patent law suits. Like much patent litigation, much of their time ...

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Righthaven Engages ‘Bad-Ass Litigatrix’ Copyright Superstar Dale Cendali from gametimeip.com

“If at first, the idea is not absurd, then there is no hope for it.” — Albert Einstein. New and unconventional business models are bound to be dismissed as absurd, and unpopular when first implemented.  When ...

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Pleading Constructive Knowledge Of Patents Is Sufficient to State a Claim for Indirect Infringement, from docketreport.blogspot.com

But Plaintiff "Bears the Risk, On Appeal, That The Federal Circuit Will Find Constructive Knowledge Is Not Enough."

Defendant's motion to dismiss plaintiff's indirect infringement claims for failure to state a claim was ...

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Robertson Class Action Settlement #2 Decision Released from www.iposgoode.ca

On May 2, 2011, Justice Carolyn Horkins of the Ontario Superior Court of Justice approved the settlement of the class action Heather Robertson v. ProQuest, CEDROM, Toronto Star Newspapers, Rogers and Canwest, worth approximately $7 ...

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Patent Law, State Law, and Abraxis v. Navinta from writtendescription.blogspot.com

I am studying for my federal jurisdiction exam, so I have been thinking about how patent law fits into the themes of this course. We used the classic casebook, Hart and Wechsler's The Federal ...

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Small British companies complain UK patent system is broken from ipbiz.blogspot.com

In a odd role reversal relative to the United States, small companies in the U.K. are complaining that the British patent system is "broken." Within the US, that has been the mantra of the ...

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Apple now top brand from ipbiz.blogspot.com

Apple is now the top brand.

Reuters notes:

Apple has overtaken Google as the world's most valuable brand, ending a four-year reign by the Internet search leader, according to a new study by global ...

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TiVo Case More Closely Aligns US With Europe On Patent Infringement Contempt Cases from www.ip-watch.org

The United States recently changed one important aspect of enforcing patent rights. Patent owners who wish to use contempt proceedings to stop adjudged infringers from committing additional infringements must comply with the new standards laid ...

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USPTO BPAI to Reconsider Restriction Practice and Markush Claims from www.patentlyo.com

Ex parte DeGrado (BPAI 2011) The University of Pennsylvania's pending patent application No. 10/801,951 is directed at the treatment of microbial infections with an amphiliphilic oligomer. The amended claim defines the claimed ...

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Patent Infringement ‘Worse Than Murder’ According to Galileo & Stephen Hawking from gametimeip.com

Patent owners have an apparent ally in Professor Stephen Hawking, who spoke as a “patron” of the SME Innovation Alliance back in April.  According to the SMEIA’s blog, Professor Hawking addressed the problems that ...

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Oracle vs. Google: number of claims to be discussed in judge's office on Wednesday morning (May 11, 2011) from fosspatents.blogspot.com

In my previous blog post I explained that certain reports of Oracle having been "ordered" to drop 129 of its 132 patent infringement claims against Google were wrong. The judge had only issued a tentative ...

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Should you file a trademark application by yourself? from ipelton.wordpress.com

I get asked all the time: “Can I file a trademark application by myself?” The simple answer is yes.  No attorney is necessary. But just because you can does not mean that you should.  [Of ...

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Digital Economy Act Emerges from Judicial Review Largely Unscathed from www.iposgoode.ca

Matt Lonsdale is a JD candidate at Dalhousie University. On April 20, 2011, the UK High Court released its decision in the judicial review of the Digital Economy Act. The Act was challenged on five ...

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Attention Patent Attorneys, $25 Million Available for Inventors from ipwatchdog.com

To help what might be the best ideas and inventions percolate to the top Foreman has created what he refers to as a "Patent Attorney Referral Program." This program is designed to benefit patent attorneys ...

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Extra Time For Japanese Patent Filers from www.ip-watch.org

Patent offices in developed and developing countries answered a call from the Japan Patent Office for “bail-out measures” for Japanese patent applicants who were affected by the tsunami on 11 March. Related Articles:

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Sabam v. Scarlet: Court Advisor Opines on ISPs’ Role in Preventing P2P File Sharing from www.iposgoode.ca

Ivy Tsui is a JD candidate at Osgoode Hall Law School. Sabam v. Scarlet poses an important question to online Internet Service Provider (ISP) – should an ISP filter and block internet content to prevent copyright ...

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Thesaurus of Claim Construction from www.infringementupdates.com

Stuart Soffer, Director of Patent Strategy and Analysis at IPriori, Inc. and Non-Resident Fellow, Stanford Law School Center for Internet and Society wrote to me this weekend to alert me to the publication of the ...

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Article One Attends Business Insider's "Startup 2011" from info.articleonepartners.com

Startup 2011 debuts tomorrow, with business leaders and entrepreneurs gathering in New York City to discuss the most recent innovations in the small-business environment.  Startup 2011 is an annual competition between startup firms to win ...

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USPTO Proposes to Streamline Reexamination Procedures from www.postgrant.com

The USPTO, in yet another attempt to reduce pendency and streamline patent prosecution, has proposed changes to ex parte and inter partes reexamination procedures.  These proposed changes have been published in the Federal Register, and ...

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Judge Learned Hand Singing Folk Songs from www.717madisonplace.com

Chief Judge Rader once remarked during oral argument that he enjoyed the music of the Beatles and ABBA.    No word on whether he is also a fan of that recording artist who went by the ...

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Buffalo Citybration 2011 from www.lotempiolaw.com

As a patent attorney in Buffalo, New York I often run into inventors who are trying to invent something new. Recently I ran into a Buffalo ambassador who has reinvented something very old.

Marti Gorman ...

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