Patent & IP news for July 3, 2013
Patent Litigations
- Swipe Innovations, LLC v. NCR Corporation filed 2013-07-03 in Georgia Northern
- Lumen View Technology LLC v. Jobvite Inc. filed 2013-07-02 in Delaware
- CeeColor Industries LLC v. Toshiba America Inc. filed 2013-07-02 in Delaware
- Purdue Pharma L.P. et. al. v. Teva Pharmaceuticals USA, Inc. filed 2013-07-02 in New York Southern
- StarTrak Information Technologies LLC v. Ameriscan Inc. filed 2013-07-03 in Delaware
- Quality Night Lights LLC v. Amerasia Enterprises Inc. filed 2013-07-03 in Texas Eastern
- StarTrak Information Technologies LLC filed 2013-07-03 in Delaware
- Quality Night Lights LLC v. AmerTac Holdings Inc filed 2013-07-03 in Texas Eastern
- StarTrak Information Technologies LLC v. Blue Tree Systems Inc. filed 2013-07-03 in Delaware
- Quality Night Lights LLC v. Northeastern Plastics Inc filed 2013-07-03 in Texas Eastern
- Quality Night Lights LLC v. Energizer Holdings Inc filed 2013-07-03 in Texas Eastern
- Quality Night Lights LLC v. Jobar International Inc filed 2013-07-03 in Texas Eastern
- Quality Night Lights LLC v. Dorel Juvenile Group Inc filed 2013-07-03 in Texas Eastern
- Methode Electronics, Inc. v. Weng filed 2013-07-03 in Illinois Northern
- Quality Night Lights LLC v. Perfect Oil Inc filed 2013-07-03 in Texas Eastern
- Zond, Inc. v. Toshiba America Electronic Components, Inc. et. al. filed 2013-07-03 in Massachusetts
- Zond, Inc. v. SK Hynix, Inc. et. al. filed 2013-07-03 in Massachusetts
- Smiths Medical ASD, Inc. filed 2013-07-03 in Massachusetts
- CDD Technologies, LLC v. Lenovo Group Limited et. al. filed 2013-07-03 in Texas Eastern
- Bebe au Lait, LLC v. Mothers Lounge, LLC et. al. filed 2013-07-02 in California Northern
- SoftVault Systems, Inc. v. Trend Micro Incorporated filed 2013-07-02 in California Northern
- Novartis Ag et. al. v. Accord Healthcare, Inc. USA et. al. filed 2013-07-03 in DC
- Gametek LLC v. Funzio, Inc. et. al. filed 2013-07-03 in California Northern
- ACME United Corp. v. Fox Knives USA, LLC filed 2013-07-03 in Connecticut
- AbbVie Inc. v. Roxane Laboratories Inc. filed 2013-07-03 in Ohio Southern
- Misty Mate Incorporated v. Orbit Irrigation Products Incorporated et. al. filed 2013-07-02 in Arizona
USPTO Stats
7,106
published
appl'ns
appl'ns
5,681
granted
patents
patents
64
ptab
decisions
decisions
Patent & IP Blogs
A new IP treaty fights “book famine” for the blind from ipkitten.blogspot.com Another Kat friend enjoying Morocco While some of the IP workforce might be heading for summer vacations, others have found a way to keep on working while being in an exotic location. During the past ...
US v Windsor: Where Family Rights Meet IP Rights from ipkitten.blogspot.com It’s not every day that changes in US family and civil rights laws affect the country’s IP laws. But that has just occurred in the wake of the United States Supreme Court’s ...
No more "nonsense on Stolts" or damages for infringing an invalid patent from ipkitten.blogspot.com Now it's time to party! Should an IP owner be able to secure damages for infringement of a right that was invalid, or which at least should not have been granted in the form ...
Is parody--not imitation-- the sincerest form of flattery for high fashion brands? from ipkitten.blogspot.com Fashion cat’s tail might
bristle at those parodies It has come to this Kat’s attention that streetwear designers have been highly creative in marketing “"parody garments" of high-fashion brands. These clothing lines ...
Consortium Launches Public Database of BRCA Data from www.patentdocs.org
By Donald Zuhn -- On June 13, the Genetic Alliance announced the launch of an initiative to fill the public information gap caused by the lack of available genetic information for the BRCA1 and BRCA2 genes ...
By Donald Zuhn -- On June 13, the Genetic Alliance announced the launch of an initiative to fill the public information gap caused by the lack of available genetic information for the BRCA1 and BRCA2 genes ...
It's time for Google to stop its trollish enforcement of a bogus patent against Apple in Germany from www.fosspatents.com
Google was the first litigant in the ongoing wave of smartphone-related patent disputes to complain publicly about assertions of "bogus patents" and about "patent trolls" ("We're fighting to stop patent trolls' use of low-quality ...
Deadlines from inventivestep.net
Many new inventors and start-ups attempt to nagivate the patent system on their own to save money. This is understandable to a certain extent because obtaining a strong patent portfolio is not a cheap endeavor ...
Many new inventors and start-ups attempt to nagivate the patent system on their own to save money. This is understandable to a certain extent because obtaining a strong patent portfolio is not a cheap endeavor ...
Applicants lose in Ex parte Harris from ipbiz.blogspot.com
On the use of combined references, PTAB in Ex parte Harris cites to Para-Ordnance vs. SGS, 73 F.3d 1085, 1090 (CAFC 1995).
In re Fine, 5 USPQ2d 1596, is cited as to a prima ...
On the use of combined references, PTAB in Ex parte Harris cites to Para-Ordnance vs. SGS, 73 F.3d 1085, 1090 (CAFC 1995).
In re Fine, 5 USPQ2d 1596, is cited as to a prima ...
101 issue arises in Ex parte Connell from ipbiz.blogspot.com
from Ex parte Connell:
We reinstate the Examiner’s rejection of claims 1-17 under 35 U.S.C.
§ 101 as being directed to non-statutory subject matter as set forth at page 6
of the May ...
from Ex parte Connell:
We reinstate the Examiner’s rejection of claims 1-17 under 35 U.S.C.
§ 101 as being directed to non-statutory subject matter as set forth at page 6
of the May ...
On the meaning of "a" from ipbiz.blogspot.com
from Ex parte Gatto
The Federal Circuit has repeatedly emphasized that, as a general rule, when an indefinite
article, such as “a,” is used with a term in an open-ended claim containing
the transitional phrase ...
from Ex parte Gatto
The Federal Circuit has repeatedly emphasized that, as a general rule, when an indefinite
article, such as “a,” is used with a term in an open-ended claim containing
the transitional phrase ...
Ghost Rider Copyright Case Going to Trial from www.iplawalert.com
Following a status conference held on June 27, it appears that the copyright case relating to ownership rights in the comic book super hero “Ghost Rider” will be going to trial in the Southern District ...
Deadlines from inventivestep.net
Many new inventors and start-ups attempt to nagivate the patent system on their own to save money. This is understandable to a certain extent because obtaining a strong patent portfolio is not a cheap endeavor ...
Many new inventors and start-ups attempt to nagivate the patent system on their own to save money. This is understandable to a certain extent because obtaining a strong patent portfolio is not a cheap endeavor ...
Appellant loses in Ex parte Yokota. In re Best is cited. from ipbiz.blogspot.com
from Ex parte Yokota
Indeed, not only have Appellants failed to
persuasively rebut the Examiner’s inherency finding,2 reflection off the color
film of Wei is a predictable result which follows from common sense ...
from Ex parte Yokota
Indeed, not only have Appellants failed to
persuasively rebut the Examiner’s inherency finding,2 reflection off the color
film of Wei is a predictable result which follows from common sense ...
Appellant loses in Ex parte ROKUI from ipbiz.blogspot.com
from Ex parte ROKUI
Lovin is cited:
Concerning dependent claim 4, Appellant quotes the claim language
and urges that the references fail to teach the recited subject matter. See
App. Br. 17. However, merely pointing ...
from Ex parte ROKUI
Lovin is cited:
Concerning dependent claim 4, Appellant quotes the claim language
and urges that the references fail to teach the recited subject matter. See
App. Br. 17. However, merely pointing ...
Appellant loses in Ex parte HERBACH from ipbiz.blogspot.com
from Ex parte Heerbach
As to nonfunctional descriptive material
As such, the disputed limitation recites
nonfunctional descriptive material that is not entitled to weight in the
patentability analysis. See Ex parte Curry, 84 USPQ2d 1272 ...
from Ex parte Heerbach
As to nonfunctional descriptive material
As such, the disputed limitation recites
nonfunctional descriptive material that is not entitled to weight in the
patentability analysis. See Ex parte Curry, 84 USPQ2d 1272 ...
On the effective use of a reply brief from ipbiz.blogspot.com
from Ex parte HAVELIWALA
As to the use of a reply brief:
With respect to independent claim 20, Appellants provide a useful
overview of the claimed invention at page 4 of the Reply Brief. While ...
from Ex parte HAVELIWALA
As to the use of a reply brief:
With respect to independent claim 20, Appellants provide a useful
overview of the claimed invention at page 4 of the Reply Brief. While ...
May trade in intangibles from www.athenaalliance.org
Today's trade data from BEA continues to point to a mixed economy, at least as of a couple of months ago. The deficit grew by $4.9 billion to $45.0 billion in May ...
Today's trade data from BEA continues to point to a mixed economy, at least as of a couple of months ago. The deficit grew by $4.9 billion to $45.0 billion in May ...
Special Feature: A Look At Product Development Partnerships And Innovation For Neglected Diseases from www.ip-watch.org
An analysis of available information indicates that research-oriented product development partnerships (PDPs) are seen as providing a better approach to neglected diseases than most other public-private partnerships. Yet, in spite of many positive results, PDPs ...
An analysis of available information indicates that research-oriented product development partnerships (PDPs) are seen as providing a better approach to neglected diseases than most other public-private partnerships. Yet, in spite of many positive results, PDPs ...
Are software patents still eligible for patent protection? from ocpatentlawyer.com
Ultramercial v Hulu addressed whether software inventions are eligible for grant as a software patent. In Ultramercial, the patent claims were directed to a method of utilizing advertising as an exchange or currency. A consumer ...
Jury Verdict Awarding Lump Sum Royalties Precludes Ongoing Royalty from docketreport.blogspot.com
The court denied plaintiff's motion for an ongoing royalty following a jury trial. "[T]he foreman wrote '15,000,000.00 –> $15 MILLION' and underneath the blank line added 'LUMP SUM.' The Court finds ...
The court denied plaintiff's motion for an ongoing royalty following a jury trial. "[T]he foreman wrote '15,000,000.00 –> $15 MILLION' and underneath the blank line added 'LUMP SUM.' The Court finds ...
ALJ Gildea Grants Motion To Compel In Certain Microelectromechanical Systems (“MEMS Devices”) (337-TA-876) from www.itcblog.com
On June 21, 2013, ALJ E. James Gildea issued the public version of Order No. 7 (dated June 18, 2013) in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same (Inv. No. 337-TA-876). In ...
On June 21, 2013, ALJ E. James Gildea issued the public version of Order No. 7 (dated June 18, 2013) in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same (Inv. No. 337-TA-876). In ...
The Tipsy Coachman Rule from ipbiz.blogspot.com
From DePuy v. Waxman
The tipsy coachman rule provides that “ ‘if a trial court reaches the right result, but for the wrong reasons, it will be upheld if there is any basis which would support ...
From DePuy v. Waxman
The tipsy coachman rule provides that “ ‘if a trial court reaches the right result, but for the wrong reasons, it will be upheld if there is any basis which would support ...
Fallacy buried as UK courts about-turn on damages for infringing invalid patents from patlit.blogspot.com
The UK Supreme Court gave a very welcome judgment this morning in Virgin Atlantic Airways Limited v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) [2013] UKSC 46, on appeal from [2009] EWCA ...
The UK Supreme Court gave a very welcome judgment this morning in Virgin Atlantic Airways Limited v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) [2013] UKSC 46, on appeal from [2009] EWCA ...
Thank You for Your Submissions to Canada’s IP Writing Challenge 2013 from www.iposgoode.ca
Thank you to all the participants of Canada’s IP Writing Challenge 2013. The winners of the Challenge will be announced on October 31, 2013 and the winning articles will be featured here on the ...
Thank you to all the participants of Canada’s IP Writing Challenge 2013. The winners of the Challenge will be announced on October 31, 2013 and the winning articles will be featured here on the ...
“Hot Bench” from www.717madisonplace.com
Chief Justice Roberts was interviewed the other day at the Fourth Circuit Judicial Conference. He was asked about the Supreme Court becoming an increasingly “hot bench.” A hot bench is when the judges or justices ...
Chief Justice Roberts was interviewed the other day at the Fourth Circuit Judicial Conference. He was asked about the Supreme Court becoming an increasingly “hot bench.” A hot bench is when the judges or justices ...
After Myriad: A Herd of Elephants in the Room from www.patentdocs.org
Guest Post by Sean Brennan -- As we all know by now, the Supreme Court last month decided that isolated genes are not eligible for patenting. Although seemingly drawing a clear-cut distinction between DNA molecules having ...
Guest Post by Sean Brennan -- As we all know by now, the Supreme Court last month decided that isolated genes are not eligible for patenting. Although seemingly drawing a clear-cut distinction between DNA molecules having ...
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