Patent & IP news for August 1, 2011

Patent Litigations

USPTO Stats

5,923
published
appl'ns
3,427
granted
patents
191
ptab
decisions

Patent & IP Blogs

post image Silencing the Song from spicyipindia.blogspot.com

A series of decisions emasculating the rights of some of our finest creators (music composers and lyricists) have confounded many of us.

First it was the Kerala High Court. Then the Mumbai High Court. And ...

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post image Historical Patents: Prosthetic Limbs from info.articleonepartners.com

Artificial limbs have been used throughout history for thousands of years.  They were often crude and mostly for appearance, with little everyday function.  While there were minor improvements in the technology, there was a huge ...

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post image Provision potentially "toothless" and "not very well thought-out": a less than ringing endorsement for s68 PA 1977 from ipkitten.blogspot.com

The Kat brings news of the decision of the Court of Appeal (Sir Robin Jacob providing a judgment with which Ward and Patten LJJ agreed) in the latest round of the Schütz v Werit dispute ...

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post image IIM-Calcutta in a Copyright Mess Involving Educational Courses from spicyipindia.blogspot.com


It appears thateven renowned institutions such as IIM-Calcutta cannot escape the claws of thecopyright regime, with a private college, WLC College India Ltd., accusing theformer of ‘intellectual property theft’ in relation to course material that ...

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post image Does size matter: the case of an anti-narcoleptic drug, modafinil? from spicyipindia.blogspot.com


Long post follows: About a month ago, the UK Chancery division patents courts (England and Wales) rendered an opinion (Justice Floyd) regarding claim construction in defining size of particles of an anti-narcoleptic drug, modafinil, in ...

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post image Court: Disney/Pixar’s Cars Don’t Infringe Mandeville-Anthony’s Copyrights from www.iptrademarkattorney.com

The race for Mandeville-Anthony was over before it even began. In March of this year, Plaintiff sued Disney and Pixar alleging that the Cars and Cars 2 animated motion pictures infringed his copyrights. Also, Plaintiff ...

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post image Monday miscellany from ipkitten.blogspot.com

Try doing this when you've
only got paws!
The IPKat has just heard today that the total number of people who have registered for the half-day seminar on Initial Interest Confusion -- that US doctrine ...

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post image Scottish Court tells Schuh to Shush from ipkitten.blogspot.com

A Shhh ... While the Louboutin litigation against Yves Saint Laurent (herehas captured the soles of the American nation, back in Europe there is also something afoot, if news from Scotland is anything to go ...

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post image Blawg Review #313 from www.patentbaristas.com

Welcome to another of Blawg Review, hosted this week by the Patent Baristas.  We’re always glad to have people over to visit so grab a cup of joe and we’ll see what’s ...

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post image Lost in Relocation? No More: Long Arm of Trade Mark Registry hunts down Missing Applications from spicyipindia.blogspot.com

(Image taken from here) Some of the readers may already be aware of the negative publicity that the Trade Marks Registry had got back in April, 2011, when it had been discovered that a number ...

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post image Worthless Wireless from www.patenthawk.com

The USPTO still grants patents, but the valuable ones are more likely than not to be taken away upon reexamination, if not by the courts beforehand. The courts often deal patently death with lawyerly cunning ...

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All hot tubs are not Jacuzzis, and other commonly misused trademarks from www.erikpelton.com

Did you know that the following terms are registered trademarks (click for registration details)? Jacuzzi® Rollerblade® Jet Ski® Each term is commonly mis-used to describe an entire category of products, not a specific brand. I ...

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AIPLA Electronics and Computer Patent Law Summit from www.717madisonplace.com

The date of the AIPLA Electronics and Computer Patent Law Summit in St. Paul, Minnesota on August 16th is approaching quickly.  One particularly interesting panel of note will be the one dealing with Therasense v ...

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USPTO Proposes to Modify Standard Governing Patent Applicants’ Duty of Disclosure from ipspotlight.com

Under U.S. patent law, applicants have a duty to inform the U.S. Patent and Trademark Office (USPTO) of all known information that is material to patentability.  The USPTO’s standard for materiality can ...

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Recent Patent Deals: from www.patentlyo.com

Microsoft/Apple/RIM have joined together to purchase 6,000 Nortel patents for $4.5 billion. Although the sale reportedly completed this week, the US Department of Justice is investigating to consider whether the collaborative ...

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Pharmaceutically Speaking, Part 4: More Generic from tacticalip.com

Danie Roy Some of you may remember that I did a post on how generics happen. Well, now we get to watch it happen as quite a few well-known and widely-used drugs go off-patent. I ...

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The Myriad Patent Litigation: A Piece of You and I from tacticalip.com

Aaron Thalwitzer Last Friday, the Federal Circuit returned some things to the status quo when it announced its decision in Association for Molecular Pathology v. USPTO (e.g. the “Myriad Litigation”). The court held (among ...

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Galaxy Tab 10.1 down under: Apple has Samsung on the defensive in Australia from fosspatents.blogspot.com

Bloomberg reports a very important development from Australia: at a court hearing today in Sydney, Samsung committed not to sell the U.S. version of the Galaxy Tab 10.1 in Australia and to provide ...

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The deal from www.athenaalliance.org

It looks like the United States has managed, just barely, to not shoot itself in the head. Rather, it shot itself in the foot. In either case, the wound was self-inflicted and therefore completely unnecessary ...

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Recent Patent Deals: from www.patentlyo.com

Microsoft/Apple/RIM have joined together to purchase 6,000 Nortel patents for $4.5 billion. Although the sale reportedly completed this week, the US Department of Justice is investigating to consider whether the collaborative ...

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AMP v. PTO Casts Doubt on Patent Eligibility of "Purified" (as Opposed to "Isolated") Biomolecules from holmansbiotechipblog.blogspot.com

On January 5, 2001, the US PTO published Utility Examination Guidelines explaining its long-standing policy of treating "isolated and purified" DNA molecules as patent eligible. Throughout the Guidelines, the PTO consistently refers to these patent-eligible ...

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ECJ: L’Oreal vs eBay – selling branded goods on online marketplace from www.ipeg.eu

In July the ECJ gave a noteworthy trademark ruling in a case between the French cosmetics giant L’Oreal and eBay, the online market. Normally we do cover only patent and technology but as it ...

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Did Audi copy EMINEM/Chrysler commercial? from ipbiz.blogspot.com

The lawsuit was specifically about use of ‘Lose Yourself’ , but underneath was the issue that Audi copied Chrysler's SuperBowl commercial involving Eminem.

The HBR mantra of "plagiarize with pride" doesn't work so well ...

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Essay on world peace plagiarized -- in 1936 from ipbiz.blogspot.com

The Pittsburgh Post-Gazette ran a story on April 14, 1936 about a contest run by radio personality Eddie Cantor for the best essay on how to achieve world peace which was won by an 18 ...

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NYT on Nixon Watergate tapes; Judge Lamberth from ipbiz.blogspot.com

Notice the following sentence structure in a New York Times story about the Nixon Watergate tapes [ Judge Orders Release of Nixon’s Watergate Testimony ]:

With the possible penalty of perjury over his head, Professor Kutler ...

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Bad day for NTP at CAFC from ipbiz.blogspot.com

Remember NTP in the NTP v. RIM saga? There were two cases decided at the CAFC on August 1, 2011. There is that concerning Reexamination No. 90/006,676 and the following.

The profile of ...

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Candid job inquiry leaked to public from ipbiz.blogspot.com

from poynter.org:

Mike Hendricks sent an e-mail to Ogden Publications about a PR position, saying “I would be happy to submit an application, but I’d hate to be wasting your time and mine ...

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Icahn wants Motorola to sell its wireless patent portfolio from ipbiz.blogspot.com

The Nortel patent sale re-enforced the concept of a strategic premium value for a patent portfolio. Now the thought is expanding.
Is this Selden re-visited?

From an article in the New York Times:

The auction ...

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Turning back the clock from ipbiz.blogspot.com

Significant paper in stem cells: S. He et Al., “Sox17 expression confers self-renewal potential and fetal stem cell characteristics upon adult hematopoietic progenitors,” Genes and Development, doi/10.1101/gad.2052911, 2011.

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Work on Methyl Propionate and Ethyl Acetate from ipbiz.blogspot.com

from a post Breakthrough Could Help Chemists Compute Safer Biofuels :

An article published in the The Journal of Physical Chemistry A, under the weighty title "Atmospheric Chemistry of Two Biodiesel Model Compounds: Methyl Propionate and ...

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Brian Williams on The Hill, broadcast on 31 July 2011 from ipbiz.blogspot.com

Brian Williams on July 31, 2011: Taking the Hill. Inside Congress.

Brian Williams. Young Guns of GOP: Cantor and McCarthy.
For the staffers: life has become Groundhog Day.

There are 11,000 registered lobbyists in ...

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"And we have always been shameless about stealing great ideas" from ipbiz.blogspot.com

DailyTech has an interesting quote of Steve Jobs of Apple:

Apple chief executive and co-founder, Steven P. Jobs, freely admits to stealing ideas, commenting [video], "Picasso had a saying - 'Good artists copy, great artists steal ...

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"The U.S. stock market isn't a barometer on the U.S. economy any more" from ipbiz.blogspot.com

An article by Daniel Gross on the debt deal includes the text:

Is this deal good for investors? It sure seems to be a plus for global stock markets, as Asian stock markets and U ...

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CBS Sunday Morning on July 31, 2011 from ipbiz.blogspot.com

Charles Osgood, in a cream-colored sport jacket and jeans, introduced the stories for July 31, 2011. First up, "Second Chance," done by Barry Peterson beginning with David Harris from Tennessee. Second story, Russ Mitchell on ...

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Landmark Judgment: SC issues guidelines for grant of ex parte orders from spicyipindia.blogspot.com

The Supreme Court of India in a recent judgment, Ramrameshwari Devi & Ors. vs Nirmala Devi & Ors. has laid down guidelines for the grant of ex parte orders. We have earlier blogged about the indiscriminate nature ...

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Performing Wrongs from spicyipindia.blogspot.com

As promised, we bring you a wonderfully incisive post from regular guest blogger, Nikhil Krishnamurthy who, in his inimitable style, exposes the jurisprudential fallacy underlying recent copyright decisions that have been blogged about here and ...

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Sales Evaluation Data Impacting Pricing of Accused Product is Necessary to Determine Lost Profits Due To Price Erosion from docketreport.blogspot.com

Plaintiff's expedited motion to compel the production of documents regarding sales evaluations of accused products was granted as the information was relevant to the question of lost profits from price erosion. "I do not ...

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Personal Audio v. Apple - Part 1 of Trial Complete, What's Next? from www.infringementupdates.com

The following is excerpted from an August 1, 2011 post by Seth Leventhal at the Minnesota Litigator blog: An interesting aspect of the case is the Court’s decision to separate the jury trial into ...

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Patently-O Bits & Bytes by Lawrence Higgins from www.patentlyo.com

Patent Jobs: Roberts Mlotkowski Safran & Cole is seeking a patent attorney with 2-4 years of experience and a degree in electrical engineering. [Link] Skiermont Puckett is searching for one or more associate attorneys with 3 ...

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