Patent & IP news for January 6, 2010

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post image No Surprise: Broadly Written Means-Plus-Function Terms Limited to Structure Described in Specification from

Restaurant Technologies Inc. v. Jersey Shore Chicken and Klee’s Bar & Grill (Fed. Cir. 2009) RTI sued two restaurants for infringement of its chicken fryer patent. The maker of the accused fryer (Oilmatic) then filed ...

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post image Means-Plus-Function Claim Element Does Not Cover "Spectrum of Undisclosed Structures" from

Restaurant Techs. Inc. v. Jersey Shore Chicken (Fed. Cir. Jan. 6, 2009) (nonprecedential)

In this case, the district court granted summary judgment of noninfringement of certain patent claims directed to a system for the distribution ...

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post image Interference from

The noxiousness of the faux first-to-invent regime that the U.S. alone clings to is seldom exposed to the harsh daylight of the appeals court. Philips got its pulse up over a patent it inherited ...

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post image More on that Angora cat from

From the IPKat's old friend, the much-admired and highly original Mario Franzosi, comes this delicious little confection -- which has greatly amused him. The starting-point for this little essay is a dictum of Lord Justice ...

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post image Monetizing Online Contents: Is It a Qualitative or a Quantitative Matter? from

I admit--I am a podcast freak. Every night I dutifully download from iTunes to my iPod the most current podcast broadcasts from a pre-selected list of sites. I then spend the better part of an ...

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post image Are there too few patent litigators in Europe? from

Writing on the IAM Magazine Blog earlier today ("A single patent can wait, Europe's priority should be more patent attorneys"), editor Joff Wild returned to a subject he previously addressed in September of last ...

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post image Means-Plus-Function Claims from

In December 2009, the USPTO issued 16,000+ utility patents. I used a software program to tally those patents that include claims with means-plus-function (MPF) claim language by looking for the terms “means for” or ...

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post image Fallen angels? from

Via Technology Transfer Tactics comes Marty Zwilling's "Eight Angel Investors to Avoid", a provocative little article from his Startup Professions Musings blog which might make some investors feel a little less comfortable about themselves ...

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post image 3 Idiots and the Morality of Numbers from

The Indian Express carried an editorial of mine summarising the main arguments that I'd advanced earlier in relation to the unfortunate copyright imbroglio between Chetan Bhagat and the makers of "3 Idiots".

Before I ...

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post image Wednesday whimsies from

Around the blogs. The IPKat congratulates his friends and colleagues at The 1709 Blog for reaching the very gratifying figure of 400 email subscribers, in just over eight months since that specialist copyright weblog was ...

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Behind the scenes at IP Think Tank podcasts from

I think what drives our podcasts (and certainly where it began) is our desire to chat with other people in the IP world, and hear what interests them; and to have a chat about what ...

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Plaintiff's Track Record of Nuisance Value Settlements Supports Exceptional Case Finding and Award of Attorneys' Fees to Successful Defendant from

Defendant's motion for attorneys' fees under § 285 was granted. "[Plaintiff] has a history of filing nearly identical patent infringement complaints against a plethora of diverse defendants. . . . In each case, according to [defendant], the complaint ...

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IsoHunt found liable for inducing copyright infringement from

Nathan Fan is a JD candidate at Osgoode Hall Law School. U.S. District Court Judge Stephen Wilson released a summary judgment on December 21, 2009, finding Gary Fung and his peer-to-peer torrent websites liable ...

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NCIS Jan 5 "Ignition" episode presents evil patent lawyer from

The Jan 5, 2010 episode of NCIS (titled "Ignition") introduces a lawyer character named M. Allison Hart (played by Rena Sofer) who (in the storyline) did pro bono patent application drafting in the area of ...

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PTO Responds in Gene Patent Saga from

In the ongoing saga by the ACLU seeking to invalidate certain gene patents and hold that such patents are unconstitutional, the PTO has filed its brief in opposition to the plaintiffs’ motion for summary judgment ...

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Patently-O Bits and Bytes from

Need some help from SPEs: Stanford Law Professor Mark Lemely is working on a project involving an extensive amount of patent prosecution data. He would like to clarify a few issues on patent office practice ...

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The Fundamental Unfairness of Retroactively Applying Bilski from

An article I published yesterday – Praying the Supremes Get Bilski Right in 2010 – has already started quite a stir, bringing out the anti-software patent advocates. These folks always claim to be innovators and as innovators ...

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Forest Group v. Bon Tool. from

The plain language of 35 U.S.C. § 292 requires courts to impose penalties for false marking on a per article basis. (Fed. Cir. 2009, 09-1044) William Armstrong and Joe Lin are the named inventors ...

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They Invented What? (No. 157) from

U.S. Pat. No. 5,675,318: Graffiti prevention apparatus. What is claimed is: 1. A graffiti thwarting system, comprising: proximity detectors adapted to be mounted adjacent a surface to be defaced, transmitter means, supported ...

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