Patent & IP news for October 19, 2011

Patent Litigations

USPTO Stats

5,414
published
appl'ns
5,075
granted
patents
50
ptab
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Patent & IP Blogs

post image Wednesday whimsies from ipkitten.blogspot.com


Mental acts at the UKIPOThis piece is not about what happens should you lose your mind and decide to perform a zany, dangerous practical joke at the Hearing Officer's expense. No, the "mental ...

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post image Perfect Competition is Economic Equivalent of Altruism Morally & Why it Matters to Patents from hallingblog.com

Perfect competition is when no one producer or consumer has the ability to affect the market price and all producers and consumers compete for a homogenous product, driving down the cost of the product.  Under ...

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post image Who is defending the Spanish opposition to the drafted Unitary Patent? from patlit.blogspot.com

In a comment posted yesterday in “Unitary Patent: the Spanish view”, Steve Peers was wondering “if the Spanish government's position might change if the opposition party wins the forthcoming elections - as seems highly likely ...

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post image Brittle Stone from www.patenthawk.com

Stone Strong sued Del Zotto for infringing its patents for pre-cast concrete blocks used in retaining walls - 7,073,304 & 6,796,098. The district court found the patents infringed and not invalid, though "with ...

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post image A new IP dawn for Microsoft? from ipfinance.blogspot.com


Whereas being most definitely one of USA's patent champions with 3,094 patents awarded in 2010 (in 3rd position behind IBM and Samsung), Microsoft is not making the IP headlines as much as its ...

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No More Patents for Cells Derived from Human Embryos in EU from www.patentdocs.org

By Devanand Crease -- The Court of Justice of the European Union has issued its final verdict in the case of Bruestle v Greenpeace (C‑34/10) and has finally put an end to the long ...

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European Court of Justice Renders Stem Cell Decision from www.patentdocs.org

By Kevin E. Noonan -- The European Court of Justice (ECJ) today rendered its decision regarding the patent-eligibility of human embryonic stem cells (hESCs) in Europe, and as widely expected has heeded the recommendation of the ...

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Essence of Apple's FRAND defense against Samsung unaffected by negative ruling on certain counterclaims from fosspatents.blogspot.com

Samsung has persuaded a federal court to run a razor over Apple's FRAND-related counterclaims, cutting off some excessive parts without materially reducing the likelihood of success of Apple's FRAND defenses against some of ...

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UK Court invalidates claims to an enantiomer of a known racemate from www.ipeg.eu

In Generics (UK) Limited v. Novartis AG, the UK Patents Court (Mr Justice Floyd), in a challenge by Mylan (Generics UK), invalidated claims to an enantiomer of a known racemate[1]. The action came to ...

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Brüstle: counting the cost of an ethical ruling from ipfinance.blogspot.com

The ruling of the Court of Justice yesterday in Case C-34/10 Brüstle v Greenpeace (reported here; see IPKat comment here) has already attracted a good deal of media attention on account of its ethical ...

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The UK IPO's IPSUM database for patent correspondence from britishlibrary.typepad.co.uk

The UK IPO has recently launched the IPSUM database, which records data on the status of GB or EP (UK) patents as well as the correspondence between the IPO and applicants and their agents....

(From ...

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Why register a trademark? (video) from www.erikpelton.com

What are the legal and practical benefits of registering your trademark with the USPTO? This video provides trademark registration information from Erik M. Pelton & Associates and discusses why businesses that do not protect and register ...

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New WIPO-WHO Drug R&D Database Would Pool Neglected Disease Licences from www.ip-watch.org

The World Intellectual Property Organization, in conjunction with the World Health Organization, private sector and foundation partners, is preparing to launch a new voluntary database for the sharing of intellectual property for research and development ...

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"Monetizing the Wisdom of Crowds" Discussion Excites the Crowd from info.articleonepartners.com

Last Week, Article One CEO Cheryl Milone joined uTest CMO Matt Johnston and brand strategist Jonathan Salem Baskin in a lively online discussion around the excitement and innovation in the world of crowdsourcing.  The presentation ...

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Jury Awards Conceptus $18 Million Based on 20% Royalty Rate from docketreport.blogspot.com

Following a jury trial the jury returned a verdict finding that defendant contributed to and induced doctors to infringe defendant's contraceptive surgical procedure patent and that the patent was not invalid by reason of ...

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The cost of proving infringement: how do civil procedure rules and disclosure affect it? from patlit.blogspot.com

A postgraduate student writes as follows:
I am writing to ask for a little assistance for my thesis in Business Law at Copenhagen Business School.

The subject of my thesis is "Protection of Process Innovation ...

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Pioneer-DuPont Sues Monsanto for Infringing "Low Tech" Agricultural Biotechnology Patents from holmansbiotechipblog.blogspot.com

Yesterday Pioneer Hi-Bred (a subsidiary of DuPont) sued Monsanto, its rival in the agricultural biotechnology sector, for allegedly infringing its patents directed towards a method of increasing "seed vigor" in maize that entails defoliating maize ...

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Federal Circuit Instructs District Court to Dismiss False Marking Case from www.grayonclaims.com

FLFMC, LLC v. Wham-O, Inc. (Fed. Cir. Oct. 19, 2011) (nonprecedential)

Today, the Federal Circuit dismissed the Wham-O appeal as moot in light of the amendments to the false marking statute by the America Invents ...

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Survival Of The ‘Micro-Entity’ IP Licensing Model from gametimeip.com

The economic value of an IP licensing business model derives fundamentally from the incremental and relative value a particular piece of proprietary technology contributes to a product or market.  In some cases, the technology represents ...

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Crookes v Newton: SCC Holds That Hyperlinking Was Not Defamatory from www.iposgoode.ca

Pauline Wong is the Assistant Director of IP Osgoode. Today, the Supreme Court of Canada released its decision in Crookes v Newton, which considers whether the author of a website article can be liable for ...

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European Libraries And Copyright Owners Reach Understanding On Out-Of-Commerce Works from www.iposgoode.ca

Brent Randall is a JD candidate at the University of Ottawa. The European Comission recently facilitated the signing of a Memorandum of Understanding (MOU) between European libraries, publishers, authors and their collecting societies.  The MOU ...

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IP Osgoode Goes To Ottawa To Host International Conference On Copyright Law from www.iposgoode.ca

Does Canada have anything to learn from Europe?  This is the question posed by IP Osgoode’s international conference on European perspectives on copyright law chaired by Professor Giuseppina D’Agostino, an Associate Professor, and ...

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Monsanto to Fight DuPont Lawsuit Over Patent from www.infringementupdates.com

The following is excerpted from an October 19, 2011 article published at Bloomberg Businessweek: Monsanto is vowing to fight a patent infringement lawsuit filed this week by DuPont. DuPont was in federal court in Iowa ...

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EDTX Finds Duty to Mark Gift Cards (Alexsam v. Pier 1 Imports) from patent-damages.com

Judge Schneider ruled on plaintiff Alexsam, Inc.’s motion for summary judgment concerning marking under 35 USC Section 287.  Alexsam, Inc. v. Pier 1 Imports, Inc., Case No. 2:08-CV-15 (E.D. Tex. Oct. 14 ...

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Court's resource constraints affect Oracle-Google trial: delay or different judge from fosspatents.blogspot.com

Bloomberg reports that Judge Alsup told Oracle and Google at a hearing today that the Halloween trial date, which he had previously declared likely to be postponed, is vacated due to scheduling conflicts. For what ...

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Apple v Samsung from ipwars.com

Belated link to Bennett J’s reasons for granting the interlocutory injunction against Samsung’s Galaxy Tab: Apple Inc. v Samsung Electronics Co. Limited [2011] FCA 1164 It has now been reported that Samsung has ...

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Copyright Infrastructure In The Digital Age: Raising Awareness At WIPO from www.ip-watch.org

A global meeting entitled “Enabling Creativity in the Digital Environment: Copyright Documentation and Infrastructure” was held at the World Intellectual Property Organization 13-14 October. Gathering representatives of governments, business leaders, academics, and other stakeholders, the ...

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Google Adds Cross-Lingual Support and Secure Search from intellogist.wordpress.com

Hey search-heads! (Can I call you that?) Today we’re going to take a look at two items hot off the press from Google: cross-lingual support and secure (encrypted) search. If you’ve been around ...

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Shooting Ourselves in the Foot from ipwatchdog.com

Contrary to the tone of the Jobs Council report, U.S. academic technology commercialization made possible by Bayh-Dole is a world- wide recognized success. The law allowed universities and small companies to own and manage ...

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Does 337 Apply to Foreign Trade Secret Missapropiation? from www.postgrant.com

On October 11, 2011 the Federal Circuit handed down an opinion Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat ...

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Man Alleges Hangover Ii Based On His Copyright from tacticalip.com

By Daniel Davidson A movie that has already been plagued by lawsuits, first with the claim by a tattoo artist that the tattoo appearing on Ed Helms’ face infringed his copyrighted tattoo (as used on...

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AIA Overview: Prior User Rights Defense from www.patentdocs.org

By Kevin E. Noonan -- Section 5 of the AIA expands prior user rights: 35 U.S.C. 273 Defense to infringement based on earlier inventor. (a) IN GENERAL.–A person shall be entitled to a ...

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