Patent & IP news for June 12, 2013

On poisonous priority: taking the debate further from ipkitten.blogspot.com

IPKat team blogger Darren's post on Nestec v Dualit ("Poisonous priority – how many ways can a patent be toxic?", here) attracted a large number of comments from European patent experts and enthusiasts, including several ...

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Winnebago loses half an appeal from ipwars.com

The Full Court has partially allowed an appeal from Foster J’s decision to order Knott Investments to stop using the Winnebago trade marks for “campers” or RVs not made by Winnebago. As a result ...

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Movie makers threatened for trademark dilution, Karan Johar's movie temporarily restrained from spicyipindia.blogspot.com

Image from hereTimes of India yesterday carried a news report an order passed by the Delhi High Court restraining the home video release of producer Karan Johar’s latest movie, ‘Yeh Jawaani Hai Deewani ...

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Trey Songz Sued For Copyright Infringement Over “Heart Attack” Song from www.iptrademarkattorney.com

Los Angeles, CA – Plaintiffs Brandon Hale, David Biagas, and Marcus Boyd filed a copyright infringement lawsuit against Atlantic Recording Corp. and singer Trey Songz, real name Tremaine Aldon Neverson, among others. Plaintiffs claim writing a ...

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News from Abroad: UK Court of Appeal Considers Sufficiency from www.patentdocs.org

The Court of Appeal recently heard a case relating to Genentech's patent, which claimed the use of human vascular endothelial growth factor (hVEGF) antagonists for the treatment of non-cancerous diseases which are characterised by ...

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Geneva Study Finds Evergreening Increases Healthcare Costs from www.ip-watch.org

A recent Geneva-based study found that so-called evergreening practices utilised by drug manufacturers are successful in protecting profits by maintaining company market share and offsetting generic competition and cost containment policies. Related Articles:

• Study: Misuse ...

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Update on Post-Grant Design Patent Challenges from www.ipwatchdog.com

Interest in design patents is increasing, in part, because they can be obtained relatively inexpensively and quickly. Dennis Crouch recently reported that from 2010-2012 the majority of design patents issue within 12-months of their filing ...

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Why Stop at Fees? The Case for Making All Patent Losers Pay, and Pay Heavily from writtendescription.blogspot.com

Guest post by Professor Jonathan Masur, University of Chicago School of Law

The excellent op-ed published last week by Chief Judge Rader, Colleen Chien, and David Hricik has re-ignited the debate surrounding attorneys’ fee awards ...

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Nokia drops power-saving patent from ITC investigation of HTC -- prevailed on it in Germany from www.fosspatents.com

Yesterday Nokia withdrew another patent from the ITC investigation of various HTC devices. U.S. Patent No. 5,570,369 on "reduction of power consumption in a mobile station". This is the U.S. equivalent ...

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Apple insists on adding Galaxy S4 to second California patent case against Samsung from www.fosspatents.com

About a month ago it became known that Apple intends to add the Samsung Galaxy S4 smartphone to the list of accused devices in the second California litigation between the two companies. Still in May ...

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Cypress Semiconductor Vows to Fight Despite ITC Loss from www.ipwatchdog.com

Cypress intends to vigorously pursue its two pending district court lawsuits against GSI, which include three of the patents asserted in the ITC investigation and seven additional patents. Those cases are No. 11-cv-00789, filed March ...

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LDCs Obtain New Waiver On IP Obligations At WTO, Take It As A Limited Victory from www.ip-watch.org

World Trade Organization members this week agreed to give least-developed countries an extra eight years to implement international intellectual property protection rules. The decision received a broad support among countries, with some voicing reservations about ...

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Don't Go Over 1%, or the Seed Giant May Come After You! from www.iplawalert.com

Last month, we reported on seed giant, Monsanto’s Supreme Court victory involving the question of patent exhaustion with regard to its sale of seed incorporating its patented seed technologies. On Monday, June 10, Monsanto ...

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Prior Judgment of Indefiniteness Triggers Collateral Estoppel Despite PTO’s Finding of No Invalidity from docketreport.blogspot.com

The court granted defendant's motion for judgment on the pleadings based on collateral estoppel following another court and the PTO's determinations that the patent-in-suit was invalid even though the PTO made other findings ...

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IPBC 2013-Monster Networking Event and the 90-10 split from www.tangible-ip.com

Phew. 72 rumbunctious (love that word from Django) hours with the expanding IP community in Boston over. It went in a heartbeat but was a lot of fun. Boston (why do I keep on saying ...

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Did the PTAB Just Kill Software Patents? from www.ipwatchdog.com

Under what authority does the PTAB ignore specifically recited structure? The authority that the PTAB seems to be relying on to ignore claim terms is unclear and not explained in the opinion in any satisfactory ...

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DDE excludes lump sum opinion where allegedly comparable licenses used running royalties from patent-damages.com

On March 11, 2013, Judge Andrews of the District of Delaware issued an opinion in XpertUniverse, Inc. v. Cisco Systems, Inc., Civil Action No. 09-157-RGA (Doc. No. 647), granting Cisco’s Daubert motion to exclude ...

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