Patent & IP news for May 26, 2011

Patent Litigations

USPTO Stats

6,535
published
appl'ns
4,508
granted
patents
92
ptab
decisions

Patent & IP Blogs

post image Hangover Copyright Infringement of Tyson Tattoo? from patentlawip.blogspot.com


The Hangover: Part II, set to hit theaters this Thursday, will not be hampered by a copyright infringement lawsuit, at least for now. The tattoo on Mike Tyson’s face was done by tattoo artist ...

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post image In LED Patent Suit CAO Group Protects its Dynasty from www.greenpatentblog.com

CAO Group (CAO) is a Utah-based company that designs and sells a variety of dental, veterinary, forensic and lighting products including the Dynasty line of LED lamps. CAO owns U.S. Patents Nos. 6,465 ...

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post image Deep Six to Rule 56 from www.patenthawk.com

Therasense, now Abbott, got into a patent battle involving 5,820,551 and similar patents claiming "disposable blood glucose test strips for diabetes management." The ubiquitous allegation of inequitable conduct found purchase, for failing to ...

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post image Article One Featured Researcher: Erwin Bernard Talento from info.articleonepartners.com

Erwin Bernard Talento is a successful Article One Researcher from the rural town of Balayan, Philippines.  Erwin is a chemical engineering expert, but mainly credits his computer programming and IT knowledge in his research success ...

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post image BPAI claim construction exclude preferred embodiment from allthingspros.blogspot.com

BPAI interprets "completely embedded" to include preferred embodiment and dependent claim

Takeaway: In arguing against a prior art rejection, the Applicant distinguished the claimed heater from the reference heater by noting that the reference heater ...

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Should secondaries be the primary comparison? from intangitopia.blogspot.com

In the last couple of months there have been some marvelous IPOs and acquisitions happening in the technology space. Facebook’s likely IPO is the elephant in the room but in the meantime there have ...

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Therasense v. Becton Dickinson from www.717madisonplace.com

The Federal Circuit issued its en banc opinion today in Therasense v. Becton Dickinson.  This is my favorite sound bite from the en banc oral argument: [Listen]. It would seem that the Federal Circuit’s ...

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Videophone patent troll sues Apple, AT&T and US Cellular from fosspatents.blogspot.com

Visual Interactive Phone Concepts, Inc., a non-practicing entity that holds two videophone mailbox patents and has previously instigated patent infringement suits, filed three lawsuits in the Eastern District of Michigan on Wednesday: against Apple, AT ...

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Federal Circuit narrows use of inequitable conduct defense in patent infringement cases from ipspotlight.com

This week the Federal Circuit issued an opinion that raises the bar for defendants who assert inequitable conduct as a defense in patent infringement litigation.  The defense of inequitable conduct evolved over time as courts ...

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Disney Abandons SEAL Team 6 Trademark, World Rejoices from tacticalip.com

Aaron Thalwitzer Like all Disney stories, the saga of the Seal Team 6 trademark has come full circle, and has a happy ending. Disney has abandoned its claims, and the US Navy has filed its ...

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Recent Personnel Changes In Geneva from www.ip-watch.org

Recent weeks have seen several personnel changes at Geneva institutions working on international intellectual property rights and innovation, including at missions, international institutions and foundations. Related Articles:

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Google hires a third law firm to defend it against Oracle from fosspatents.blogspot.com

With a view to a possible trial in five months, Google just added a third law firm to the legal team defending it against Oracle's patent and copyright infringement claims. That firm is named ...

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EU Court Quashes F1 President’s Quest for Stronger Privacy Protection for Celebrities from www.iposgoode.ca

Danny Titolo is a JD candidate at Osgoode Hall Law School. Former Formula One president, Max Mosley, recently launched a complaint attempting to strengthen privacy protections for public figures. If the legal bid were successful ...

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The James Dyson Award 2011 from britishlibrary.typepad.co.uk

The James Dyson Award Foundation is looking for entries for its 2011 awards. The competition is open to design or engineering university students (or the same within four years of graduation) in any...

(From Steve ...

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Post-Trial TRO Does Not Require Showing of Likelihood of Success on the Merits from docketreport.blogspot.com

The court denied defendants' motion to reconsider the issuance of a TRO pending plaintiffs' appeal and rejected defendants' argument that "a likelihood of success on the merits is a prerequisite for issuing a TRO." "I ...

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How wide should injunctions be from ipwars.com

Following on from his ruling that Idameneo’s use of its trade mark breached its contractual obligation not to use a trade mark capable of being confused with Symbion’s trade mark, Jessup J has ...

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Court tells Kats, tail must not wag dog from ipkitten.blogspot.com

A wagging tail: threat? When is a threat not a threat? This is the question posed by the IPKat in July of last year, which was also before the Chancery Division England and Wales, in ...

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En Banc: Federal Circuit to further Address Joint Infringement from www.patentlyo.com

McKesson Technologies Inc. v. Epic Systems Corp., (Fed. Cir. 2011) (en banc order) The Court of Appeals for the Federal Circuit has ordered an en banc rehearing to further address questions of when multi-party actions ...

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The Search Product Everyone Will Be Using Next Year from intellogist.wordpress.com

I was fortunate enough to see another preview of the coming ProQuest Dialog platform, which will eventually completely replace all Dialog and Datastar platforms.  This is fantastic news for me, as I’ve long wished ...

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Cisco sued in separate lawsuit for damages post-verdict from patent-damages.com

Commil USA LLC has filed a second lawsuit in EDTX against Cisco concerning a wireless networking patent owned by Commil.  In a first EDTX suit between the parties, Commil obtained a $63M verdict against Cicso ...

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A Masterpiece of Trade-mark Clarity from www.iposgoode.ca

IP Osgoode: Congratulations are in order!  The Supreme Court of Canada cited three legal texts in this decision, all of which are authored or co-authored by IP Osgoode Advisory Board Members, namely Justice Roger Hughes ...

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The Volatile Business Of Patent Licensing from gametimeip.com

Very few companies actually specialize in patent licensing, and most of those are privately held and avoid the limelight where-ever possible.  However, there are five companies in the patent licensing space that are publicly traded ...

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IT Industry Sends Mixed Message To The Group of 8 In Deauville from www.ip-watch.org

It was a mixed message going out from the eG8 Forum - the first “Internet G8 meeting“ - that ended in Paris this week and passed its results to the heads of state of the Group of ...

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Infringement Nation - Copyright 2.0 and You from www.infringementupdates.com

Written on the occasion of copyright’s 300th anniversary, John Tehranian’s Infringement Nation presents an engaging, witty and accessible analysis of the history and evolution of copyright law and its profound impact on the ...

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"We certainly would not request a trademark on a SEAL team that doesn't exist, like SEAL Team 6" from ipbiz.blogspot.com

Online WSJ talked about an attempt by Disney to trademark the term "SEAL Team 6":

Walt Disney Co. said Wednesday (25 May 2011) that it would pull an application with the U.S. Patent and ...

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Therasense v. Becton, Dickinson: the death of Rule 56? from ipbiz.blogspot.com

The en banc case of Therasense v. Becton, Dickinson was the "big deal" case on inequitable conduct. The Northern District of California had found U.S. Patent No. 5,820,551 (“the ’551 patent,” of ...

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USPTO Will Issue Guidance On Therasense from www.pharmapatentsblog.com

On the heels of the Federal Circuit's en banc decision in Therasense, the USPTO has announced that it will be issuing guidance "related to the prior art and information [applicants] must disclose to the ...

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Increase in Drug-Resistant Bacteria Creating Need for New Antibiotics from www.patentdocs.org

By James DeGiulio -- Over the past five years, the pharmaceutical industry seems to have had little interest in developing new antibiotics despite drug-resistant bacteria representing a serious public health issue. Since the appearance of the ...

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Therasense, Inc. v. Becton, Dickinson & Co. (Fed. Cir. 2011) (en banc): The Dissenting Opinion from www.patentdocs.org

By Kevin E. Noonan -- The Federal Circuit delivered its en banc opinion on inequitable conduct on Wednesday in Therasense, Inc. v. Becton, Dickinson & Co. Four judges dissented from that opinion, with Judge Bryson writing for ...

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