Patent & IP news for September 22, 2011

Patent Litigations

USPTO Stats

6,281
published
appl'ns
5,023
granted
patents
152
ptab
decisions

Patent & IP Blogs

post image Weekly Crowdsourcing Spotlight from info.articleonepartners.com

To highlight the success of global crowdsourcing, Article One Partners offers a weekly roundup of current news stories documenting how crowdsourcing is being used in various industries around the world.

FixMyTransport: Keep Calm and Carry ...

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post image OECD Patent Quality Measurement – Confusing Patent Quality with Innovation from hallingblog.com

This study confuses patent quality with invention quality, Science and technology: falling patent quality hits innovation, says OECD.  The report makes sweeping statements about the decline in patent quality over the last two decades and ...

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post image Court Denies Fallout Video Game Temporary Restraining Order Against Masthead Studios from www.iptrademarkattorney.com

Bethesda Softworks and Interplay Entertainment have waged a long-running, real world copyright and trademark battle over the virtual-world Fallout video game. The Bethesda v. Interplay Maryland lawsuit apparently arose over an ambiguity in the scope ...

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post image That Dirty Trick: the ECJ says "no!" from ipkitten.blogspot.com

Can you really magic away
someone else's trade mark? No!
Today the Court of Justice of the European Union succeeded in magicking away the horrid spectre of an injustice which, the IPKat feared, was ...

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post image USPTO Updates Patent Fee Schedule Following Enactment of America Invents Act from www.patentabilityblog.com

15 Percent Surcharge on Certain Patent Fees Effective September 26, 2011 The United States Patent and Trademark Office (USPTO) announced its revised patent fee schedule on September 16, 2011 following the enactment of the Leahy-Smith ...

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post image Creative Commons Licensing Success Stories: Pratham Books from spicyipindia.blogspot.com

While we have in the past spoken about the dangers of an aggressive and severely restrictive copyright regime, we haven’t focussed enough attention on the use of alternative licensing mechanisms and the social benefit ...

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post image Interflora xxxxxxxxxxxxxxxxxxxxx from ipkitten.blogspot.com

Pumpkin by Flowers by Walter As summer gives way to autumn and the golden leaves tumble, the prettiest flowers are those that come the florists -- which brings the IPKat on to today's decision in ...

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post image Proposed Amendments to Australian Patent Law from www.patentbaristas.com

Like Bieber fever, the itch to mess with the rules for patenting have spread far and wide.  There is currently being considered a Bill to amend Australia’s patent law, which proposes a number of ...

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post image Oracle contradicts Google on damages, vows to fight hard for injunction against Android from fosspatents.blogspot.com

A new filing by Oracle sheds light on the damages claims issue that confused lots of people yesterday and today. Besides making it clear that Oracle hasn't slashed its damages claims, it also confirms ...

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post image The altar of expediency from ipkitten.blogspot.com

Before Europe's patent practitioners burn the old books
on patent litigation, let's all be sure that we are happy
with the contents of the new ones ...
That Unified Patent Court which has so ...

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President's Deficit Reduction Plan Seeks to Reduce Exclusivity Period for Biologics and Prohibit Pay-for-Delay Deals from www.patentdocs.org

By Donald Zuhn -- On Monday, President Obama released his plan for economic growth and deficit reduction. The 80-page plan, entitled "Living Within Our Means and Investing in the Future," outlines how the President would pay ...

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CAFC on BPAI in LEITHEM: "This conclusory analysis is hardly persuasive" from ipbiz.blogspot.com

Within the discussion by the CAFC:

Mere reliance on the same statutory basis and the same prior art references, alone, is insufficient to avoid making a new ground of rejection when the Board relies on ...

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ICC Conference On Changing Domain Name Landscape And New gTLDS from www.ip-watch.org

The International Chamber of Commerce (ICC) is organising a conference entitled, “The Changing Domain Name Landscape and New gTLDs” on 30 September in Paris. Related Articles:

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Next Oracle-Google settlement talks possibly without the Larrys -- damages claims may be higher than ever from fosspatents.blogspot.com

Following the second court-ordered mediation conference between Oracle and Google, which took place on Wednesday, the magistrate judge moderating this settlement effort entered an order that indicates that the court has not yet given up ...

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Reshaping U.S. Patent Law. Who are the Winners & Losers? from ipwatchdog.com

It is fair to say that enactment of the AIA is not what most stakeholders championed early on. Many small inventors and innovation companies feel that some of the provisions are not in their best ...

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Keep calm and carry on trade mark dispute from britishlibrary.typepad.co.uk

It is not often that trade marks appear on breakfast TV, but this morning there were several minutes on a dispute about the use of "Keep calm and carry on" for goods. The clip can ...

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Allegation that Defendants Infringe the Same Patents in "Exactly the Same Fashion" Does Not Justify Joinder from docketreport.blogspot.com

The court granted defendants' motion to dismiss for misjoinder and dismissed four of five defendants. "[P]laintiff asserts that each of the accused instrumentalities is comprised of, among other things, a processor and its associated ...

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A Call To Update Trade Policy Apps In The Internet Era from www.ip-watch.org

Access to the internet and internet services, such as Facebook, YouTube, and Twitter, is often thought about in terms of freedom of expression. The so-called Arab Spring reinforced that link as governments limited, censored and ...

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Thoughts on innovation and public policy from www.athenaalliance.org

I was at an event this morning featuring Treasury Secretary Geithner speaking about the global economy. I was please to hear him use the phrase "innovation" a number of times. To paraphrase, he basically said ...

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Implementation of the America Invents Act from www.patentlyo.com

New Fees – 15% increase: The USPTO has announced new fees that will become effective on September 26, 2011. These fees represent an across-the-board 15% increase for almost all PTO fees. The effective date of the ...

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Profile of a Patent Translator, Part 2 from intellogist.wordpress.com

In our last installment of Profile of a Patent Translator, we spoke with Landon IP Translation Manager Sonja Olson and patent translator Leonid Gornik about what traits and tools a professional needs to succeed in ...

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Disqualifying Plaintiff’s Litigation Counsel based upon Former Joint Defense Agreement from www.patentlyo.com

By Dennis Crouch In re Shared Memory Graphics LLC (Fed. Cir. 2011), Opinion by Judge Dyk, dissent by Judge Newman (Can you believe that these two would disagree?) This case involves a disqualification motion. Nintendo ...

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What the America Invents Act Means for Inventors/Small Companies from info.inovia.com

The America Invents Act has attracted a lot of buzz.  Whether it spurs job creation and innovation remains to be seen, but in this article I'd like to focus on the provisions of the ...

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Google and Motorola Mobility may amend merger agreement to keep Apple lawsuits going from fosspatents.blogspot.com

Ten days ago I reported on Apple's motions to stay proceedings in the Western District of Wisconsin and the Southern District of Florida until Google's acquisition of Motorola Mobility (MMI) is completed, arguing ...

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USPTO Says Status Inquiry Triggers Patent Term Adjustment Deduction from www.pharmapatentsblog.com

Despite statistics on the USPTO's Patents Dashboard indicating that the average time from a Request for Continued Examination (RCE) to the next Office Action is 3.8 months, I continue to experience much more ...

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Twombly, Igbal and Heightened Pleading Standards in Patent Infringement from www.iplawalert.com

Two cases decided last month highlight the somewhat disparate pleading standards in patent infringement actions among districts after Twombly and Iqbal. In The Nielsen Co. v. comScore, Inc., a plaintiff in the Eastern District of ...

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Licence Analogy Back in the Game - with the worst Licensee you can Imagine from patlit.blogspot.com

The calculation of damages using the licence analogy method has become somewhat unfashionable in Germany as the calculation of damages using the infringer’s profit is usually considered to give more favourable results for the ...

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Pro Hac Vice from www.717madisonplace.com

Those of you in the Bay Area might want to take note that Chief Judge Rader will be speaking at the Court of Federal Claims Western Bench and Bar Retreat on October 18th.  Apparently, Chief ...

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Jim Lester of MacCord Mason wins Scavenger Hunt #2 from docketreport.blogspot.com

Thanks to everyone who submitted a correct answer for our Scavenger Hunt this week. More than 60 attorneys found the correct answer with the powerful Docket Navigator patent litigation research database.

Congratulations to Jim Lester ...

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Guest Post: Preclusive Inventor Disclosure Under Leahy-Smith from www.patentlyo.com

Guest Post by Dr. Jeffrey Lefstin, Professor of Law at the University of California Hastings College of the Law Under Leahy-Smith, inventor disclosures made less than one year before filing are not prior art under ...

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