Patent & IP news for March 2, 2010

Patent Litigations



Patent & IP Blogs

post image Patent Litigation Weekly: RPX Fattens Up On Saxon Innovations Patent Portfolio from

A novel International Trade Commission case that expanded the limits of what the agency would consider a "domestic industry" has ended with the holding-company plaintiff that initiated that suit, Saxon Innovations, selling the lion's ...

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post image Cognac and cannabis for Europe's top judges from

The IPKat has just been wondering what facts lie behind Case C-4/10, Bureau National Interprofessionnel du Cognac v Oy Gust. Ranin, a reference of a question from the Korkein hallinto-oikeus (Finland) to the Court ...

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post image " ... and this is Bruce, who is responsible for patent formalities" from

One of the IPKat's anonymice, having declined to submit an Intellectual Property Anthem by way of an entry for the current competition, has instead sent him (with no apologies to the inspirational and much-imitated ...

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post image Invention capital Intellectual Ventures and You from

I really enjoyed Nathan Myhrvold's recent piece in the Harvard Business Review (and reported in the New York Times).  Delighted to see him explaining further what Intellectual Ventures is up to.  Here are some ...

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post image Patent Marking Police Strike Again - 100 Companies Now Affected by False Marking Suits from

Yesterday, two plaintiffs (Patent Compliance Group and Bentley Hollander) who have already filed multiple false marking lawsuits since the Federal Circuit's Forest Group Inc. v. Bon Tool Co. decision, filed a total of five ...

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post image What's new, pussycat? from

Speaking today at the Business for New Europe lunch, Michel Barnier (the Member of the European Commission responsible for Internal Market and Services, shown here in a photo that calls out for a really wicked ...

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Breast augmentation via stem cells from

On 1 March 2010, KYW3 in Philly did a story Stem Cell Breast Augmentation which included quotes from Todd Malan and Ron Lohner.

A patient noted: "I went from barely a B to a D ...

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District Court Judge Provides Another Reminder of Dysfunctional State of the Federal Circuit's Claim Construction Jurisprudence from

Trading Technologies Int'l. Inc. v. eSpeed Inc. (Fed. Cir. 2010) By Kevin E. Noonan -- In an otherwise unremarkable affirmance of jury verdicts and district court decisions on claim construction, the nascent Chief Judge of ...

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Chicago Tribune picks up on false patent marking case from

The Chicago Tribune on March 1, 2010 noted that Thomas Simonian of Geneva, Ill had filed 28 false patent marking suits in ND Illinois:

His suits are against manufacturers of everyday consumer products, such as ...

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Convincing third parties of the value of your invention from

The Washington Post has an article on the Myriad patent case, titled: Lawsuit attacks patent giving company control over genetic test for cancer risk.

IPBiz found interesting the emphasis on the following in a quote ...

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The significance of current patent reform efforts from

In an article titled Time growing short for patent reform, DOUG SHERWIN manages to entirely miss the boat on the latest round of patent reform.

Of the text

He [Rosenberg] said the current provisions in ...

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The Marking Requirement: Here is How the Statute has been Interpreted. from

The Marking Requirement: Here is how the marking statute has been interpreted. If a patentee sells (or authorizes the sale of) a product that is covered by the patent, the patentee can only collect past-damages ...

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Inconsistent verdict on obviousness from

In COMAPER v. ANTEC, INC., the CAFC found problems with both jury verdicts and
with the district court's analysis.

On a jury grasping patent law points:

The jury found that independent claims 1 and ...

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Complaint Alleging Infringement by "Laundry List of Electronic Devices" Failed to State a Claim from

Defendant's motion to dismiss plaintiff's claim of direct infringement for failure to state a claim was granted. "Nowhere in the Amended Complaint does Plaintiff identify, with the requisite level of factual detail, the ...

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Memorabilia card found obvious over Rader's dissent from

Both the ’501 and ’532 patents are drawn to an invention that “provide[s] an actual piece or portion of an
item in combination with a photograph or the like of a famous figure having ...

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International Treaties and National Legislation – How far can they go to protect local and Indigenous farmers’ IP rights? from

Annie Harris is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Bioprospecting refers to the process of looking for useful plant and animal substances, usually for medicinal purposes ...

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Upcoming Events from the Social Network Calendar from

Below is the current list of events posted on the IPWatchdog Social Network. Joining is free, and you can add your industry events for free as well. The plan is to periodically post an upcoming ...

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Can banks step in and finish R&D? from

There was an interesting article in the Wall Street Journal yesterday on how some banks are coping with the foreclosure problem (As Loans Dry Up, Builders Work for Banks). According to the article, some banks ...

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Judge Rader Doth Protest Too Much in Media Technologies from

Normally, I find Judge Rader, the heir apparent for Chief Judge of the Federal Circuit, to write cogently and persuasively, even in dissent. Witness his withering blast in In re Bilski where he rightly takes ...

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Federal Circuit Says Korean War Memorial Stamp Violated Sculptor's Copyright from

Sometimes a 37¢ stamp does buy quite a bit.  One lucky sculptor, Frank Gaylord, may find that such a stamp could give him some extra spending money in the neighborhood of six or seven figures ...

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Patent Prosecution Malpractice: Proving the Case-Within-a-Case from

Davis v. Brouse McDowell (Fed. Cir. 2010) Ms. Davis has developed the "IP-Exchange" as a networking portal for IP professionals. The site boldly claims a "Patent Pending Business Method." Before releasing her website, Ms. Davis ...

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EPO Official Journal for February 2010 Now Available from

On Friday, February 26, 2010, the European Patent Office (EPO) announced the availability of its February 2010 Official Journal. The February 2010 Journal (link HERE) includes several individual reference PDF files including a Contents document ...

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Supreme Court: Registration requirement of 411(a) not jurisdictional for copyright claims from

Today the Supreme Court decided Reed Elsevier, Inc. v. Muchnick, a case regarding whether the registration requirement of 17 U.S.C. § 411(a) is jurisdictional or a claim processing rule. The Court held the ...

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WTO TRIPS Council Considers Workshop On Public Health Amendment from

The World Trade Organization group on intellectual property rights met today and ended early, discussing a potential workshop on an amendment intended to ease access to cheaper generic medicines in countries without a pharmaceutical manufacturing ...

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SpicyIP Tidbits:More on the Bayer Patent Linkage from

Updating our readers more on the Bayer Patent Linkage case, the Supreme Court today has admitted a special leave petition filed by Bayer. (For a more detailed report, see here ). We thank our reader Manish ...

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Patent attorney escapes malpractice assertion in Ohio from

The case HEATHER A. DAVIS v. BROUSE MCDOWELL, L.P.A has much of interest to patent attorneys. First, it is a legal malpractice case AGAINST a patent attorney. Second, the subject matter of the ...

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Rise in Restrictions from

A recent article co-written by former PTO Director Jon Dudas along with Stepen Maebius and Sean Tu makes a strong statement regarding the rise in restriction requirements: Restriction practice has clearly grown in the past ...

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New Canadian Intellectual Property Law Casebook from

McCarthy Tétrault partners Barry Sookman (IP Osgoode Advisory Board member) and Steven Mason have published a new casebook, Intellectual Property Law in Canada: Cases and Commentary. The authors draw on their extensive expertise in intellectual ...

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Obama's cholesterol from

A big deal is being made of President Obama's cholesterol:

Though doctors deemed him "fit for duty" during a physical Sunday, Obama's cholesterol was up to a borderline-high 209 from a more desirable ...

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Court: German Data Retention Law Unconstitutional from

The German Constitutional Court today declared German data retention legislation a violation of the fundamental right to privacy of correspondence and telecommunication (Article 10 of the German constitution). The law that is a transposition of ...

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Mary Zachar from

PROFESSIONAL BACKGROUND: Mary Zachar is a litigator and mediator specializing in business in Los Angeles for 25 years and raising two daughters, she returned to her alma mater, Indiana University School of Law in Indianapolis ...

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Another “present invention” opinion from

The Federal Circuit recently added yet another case to its jurisprudence in regard to the language “the present invention.” In Trading Technologies International, Inc. v. Espeed, Inc., 2008-1392 (February 25, 2010), Judge Rader wrote for ...

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What If The Supreme Court Decided A Copyright Case And No One Cared? from

When the Supreme Court weighs in on an intellectual property issue, it is big news in the IP blogosphere – less certain is whether the business community stands up and takes notice (or should).

Today’s ...

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Supreme Court Reversal Rates: Evaluating the Federal Courts of Appeals from

The ABA's Section of Intellectual Property Law is hosting the above-titled teleconference on March 18, 2010: The January/February 2010 issue of Landslide® magazine presented an empirical study of the U.S. Supreme Court ...

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Vaguely Identified Devices in Patent Complaint Fails Twombly from

Bender v Motorola Inc., No. 09-1245 (N.D. Cal., February 26, 2010, order)

Rule 8 of the Federal Rules of Civil Procedure requires that a complaint contain a “short and plain statement of the claim ...

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March 2 NCIS "Mother's Day" brings back M. Allison Hart from

One month after the Masquerade episode, NCIS brought back the "M. Allison Hart" character [played by Rena Sofer ] in the Mother's Day episode. This time it was Gibbs who called her, to represent his ...

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