Patent & IP news for December 30, 2009

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post image "Abandoning" Legal Fogginess: A Proposal for Patent Clarity from

Word: aban·don
Pronunciation: \ə-ˈban-dən\
Function: transitive verb
Meaning: to give up with the intent of never again claiming a right or interest in

So speaks an entry in the famous Webster's dictionary. Or ...

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post image District Court Requires Defendant to Pay Fees for Supplemental Markman Briefing from

Northbrook Digital, LLC v. Vendio Servs., Inc. (D. Minn. Dec. 28, 2009)

In this case, the U.S. District Court for the District of Minnesota required that defendant pay reasonable fees incurred by plaintiff for ...

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post image Smith & Wesson IP from

Springfield, MA-based Smith & Wesson has 123 U.S. patents and patent apps, see them here.

Their latest was from 11/17/2009 titled Fire Control Mechanism for a Firearm, #7,617,628 [the lone inventor ...

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post image Taxing 'Royalties' derived from Intellectual Property from

Shamnad recently sent me this most interesting article by S. Murlidharan in the Hindu Business Line on the topic of taxing of royalties earned by authors of books that are of a literary, artistic or ...

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Disclose Information Related to Your Invention from

After a patent application is filed with the United States Patent and Trademark Office, each individual involved with the patent application has a duty to disclose information that is material to the patentability of the ...

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Internet Law & Electronic Commerce Exam 2009 from

Essay 1 (50 points) Peter recently started a new social networking (“matchmaking”) company named Whistle Stop. Biographical information of users is stored on Whistle Stop servers. In addition, users install a small program (or “APP ...

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Recent Jury Verdicts from

Cerner v. Visicu, 4-cv-1033 (W.D. Mo., December 8, 2009) (Visicu's asserted claims held not infringed and invalid as obvious). Hologic, Inc. et al v. SenoRx, Inc, 08-cv-0133 (N.D. Cal. December 17, 2009 ...

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Sanctity of Section 21 from

In the last post, Mr.Basheer has proposed a new way of dealing with the anomalies in practice when it comes to applying Section 21 of the Patents Act. The general opinion among patent practitioners ...

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Shifting Positions on Claim Construction Warrants Award of Attorneys' Fees for Additional Claim Construction Briefing from

Where defendant changed its position regarding the construction of a term after two preliminary claim construction statements, the court ordered sua sponte that defendant pay plaintiff's attorneys' fees for briefing responding to the proposed ...

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Instructive 101 case from the BPAI? from

Although I try to keep this blog focused mostly on issued patents, today's BPAI decision in Ex Parte Hughes is worth sharing. In light of last week's precedential Ex Parte Gutta decision, do ...

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