Patent & IP news for September 16, 2011

Interaction Between Claim Construction and Patent-Eligible Subject Matter from www.grayonclaims.com

Ultramercial, LLC v. Hulu, LLC (Fed. Cir. Sept. 15, 2011)

In this case, the Federal Circuit reversed the district court's finding that the patent-in-suit, related to a method of distributing copyrighted products over the ...

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Green auto IP in joint venture from ipfinance.blogspot.com



EVO Electric, a spin-out from Imperial College London previously referred to here and here, has recently set up a joint venture company with GKN Driveline, the world’s leading supplier of automotive driveline components.

Press ...

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Have questions on the America Invents Act? Tweet the White House from www.patentbaristas.com

This morning, President Obama signed the America Invents Act at Thomas Jefferson High School for Science & Technology in Alexandria, Virginia—a school named for the first official to issue U.S. patents.  On stage with ...

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BPAI swear behind declaration 1.131 formalities from allthingspros.blogspot.com

BPAI reminds Applicant that formalities of swear-behind declaration are important 

Takeaway: In evaluating a declaration under § 1.131 (swear-behind), the BPAI noted that the declaration did not comply with the required formalities. Specifically, the declaration ...

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Professional Listings: When Less is More from ipkitten.blogspot.com


We live in the golden age of professional rankings and listings. Let's be honest--we all relish being ranked high on the most well-known listings; should our ranking fall, we make great efforts to rectify ...

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Advertising Bait from www.patenthawk.com

7,346,545 claims a method of online media product distribution, using the media as bait to shove advertising before a user. Central California district court Judge R. Gary Klausner idiotically dismissed '545's assertion ...

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New Patent Regime Signed into Law from www.patentlyo.com

This morning, President Obama signed the Leahy-Smith Patent Reform Act — enacting it into law. The provisions of the new law have a variety of effective dates. Some changes to the law happen immediately and the ...

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President Obama Signs Patent Reform Bill into Law from dcipattorney.com

Today, President Obama fulfilled his promise to sign the Leahy-Smith America Invents Act, passed by the U.S. Senate on September 8, 2011, and the House of Representatives on June 23, 2011.  Thus, effective on ...

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Top 5: Oldest Examples of Crowdsourcing from info.articleonepartners.com

It's a well known fact among members of the crowdsourcing community that the origins of the term that defines their work can be traced to a Wired article by Jeff Howe from 2006.  By ...

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ULTRAMERCIAL : The “coarse eligibility filter” of § 101 should not be used to invalidate patents... from ipbiz.blogspot.com

Within the decision: The “coarse eligibility filter” of § 101 should not be used to invalidate patents based on con- cerns about vagueness, indefinite disclosure, or lack of enablement, as these infirmities are expressly addressed by ...

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Star Scientific, Inc. v. R.J. Reynolds Tobacco Co. (Federal Circuit 2011) from www.patentdocs.org

By Kevin E. Noonan -- The Federal Circuit reaffirmed the primacy of the factual disclosures used to establish obviousness, and how deficiencies thereof can defeat an obviousness claim, in reversing an invalidity determination in Star Scientific ...

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We Have A Winner! from docketreport.blogspot.com

Thanks to everyone who submitted a correct answer for our Scavenger Hunt this week. More than 30 attorneys found the correct answer with the powerful Docket Navigator patent litigation research database.

Congratulations to Wallace Lee ...

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Optus TV Now and the threat to sports’ millions from ipwars.com

The media yesterday was splashed with stories about how Optus is threatening the flow of revenues to sports such as the NRL and the AFL through its TV Now service (for example, here and here ...

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High Award For “Queen Of Tarts” On Default Judgment In Trade-mark Infringement Case from www.iposgoode.ca

Taylor Vanderhelm is a JD candidate at the University of Alberta. The Federal Court of Canada awarded significant damages in a Pick v. 1180475 Alberta Ltd. et al. 2011 FC 1008, a suit for trade-mark ...

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Apple still has upper hand against HTC but review decision threatens preliminary win at the ITC from fosspatents.blogspot.com

Two weeks ago I analyzed HTC's and the ITC staff's petitions for review, and Apple's contingent petition for review, of an ITC judge's initial determination that found HTC to infringe two ...

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Throwing Down the Gauntlet: Rader Rules in Utramercial that Breadth and Lack Specificity Does Not Make Claimed Method Impermissibly Abstract* from ipwatchdog.com

Some will undoubtedly view the Chief Judge’s basis in Ultramercial for distinguishing the ruling in CyberSource as being “slight of hand” and using “mirrors,” but it certainly illustrates the wide gulf of views between ...

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Digital Promise launches from www.athenaalliance.org

This morning, Education Secretary Arne Duncan is announcing the launch (finally) of the Digital Promise initiation. Digital Promise (technically the National Center for Research in Advanced Information and Digital Technologies) was originally authorized in the ...

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Rush to Avoid Increased Fees Will Hurt the USPTO from ipwatchdog.com

Those rushing to pay fees before September 26, 2011, will save 15%, but the Patent Office will not have access to that money. The budgetary calendar resets on October 1, 2011, which marks the start ...

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US Patent Reform Signed Into Law from www.ip-watch.org

US President Obama today signed a bill into law that many patent professionals and international observers may never have thought they’d see: the widescale reform of US patent law. What the impact will be ...

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Late Change of Position on Claim Construction Barred by Judicial Estoppel from docketreport.blogspot.com

The court granted defendant's motion for summary judgment of noninfringement of plaintiff's cell separation patent and rejected plaintiff's newly-adopted claim construction. "[T]hroughout this protracted litigation, both parties have consistently identified the ...

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Under what circumstances have district courts granted permanent injunctions in the past year? from docketreport.blogspot.com

There are several ways to search for orders in Docket Navigator's database, but the most commonly used method is by a type of motion. However, in addition to searching by type of motion, Docket ...

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America Invents Act: Signed Into Law Today from www.postgrant.com

Today, at Thomas Jefferson High School for Science and Technology, President Obama signed the Smith-Leahy America Invents Act (Previously H.R. 1249) into law today.  Obama signed the bill into law in front of a ...

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Questions Arise Over UN Policy On Non-Communicable Diseases And IP Rights from www.ip-watch.org

United Nations members this month are setting the future course for global action against a rising public health problem well-known in developed countries and spreading to developing countries: non-communicable diseases. But whether they will – or ...

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America Invents: Immediate Changes to Patent Law Start Today from ipwatchdog.com

On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act and, with his signature, which will marshal in major changes to the U.S. patent system. Many provisions of the Act take effect ...

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Translation of Düsseldorf Regional Court's detailed ruling against Samsung Galaxy Tab 10.1 from fosspatents.blogspot.com

Let me start with the long-awaited answer to the question of whether Samsung also raised the Stanley Kubrick (2001 - A Space Odyssey) defense for the Galaxy Tab design in Germany. The answer is YES. And ...

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Re-Inventing the US Patent System from www.uspto.gov

In the past 50 years, we have seen technology evolve at a faster pace than any other period in history, but our patent laws have not kept up. Earlier today, that changed.

In an ongoing ...

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Clean Tech in Court: Green Patent Complaint Update from www.greenpatentblog.com

Several new green patent complaints have been filed recently in the areas of biofuels, smart grid, LEDs, solar manufacturing materials, and waste water treatment.  Here’s a run down:   Biofuels Butamax Advanced Biofuels v. Gevo ...

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