Patent & IP news for March 9, 2010

Patent Litigations



Patent & IP Blogs

post image Less Than Best Mode from

The American arm of Japan's Ajinomoto complained to the ITC to stop foreign imports of dietary supplement lysine, under the aegis of 5,827,698 and 6,040,160. The snag was that their ...

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post image Wednesday whimsies from

Kats are not biologically equipped to play any wind instruments, but this one feels mildly tempted to try blowing its own trumpet just a little. Yesterday this weblog secured its 4,000th email subscriber. The ...

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post image Book reviews from

Intellectual Property in Government Contracts: Protecting and Enforcing IP at the State and Federal Level, is an intriguing book by the trilogy of James G McEwen, David S Bloch and Richard M Gray. The first ...

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post image Mercer County Sheriff pays Prof a visit from

[Image from the Hamiltonian]

In a local issue in Mercer County, New Jersey, Professor Mike Glass lectured his class on the fact that Mercer County Sheriff Kevin Larkin is collecting $85,000 in yearly pension ...

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post image BPAI to HP: Equal Protection Clause doesn't save claims from 101 from

For a move even Stephen Colbert would admire for its ballsiness, we extend kudos to Hewlett-Packard, who argued the following in its appeal brief of App. No. 09/976,630: No mention of In re ...

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post image Design Patent Claim Construction: Segregation of Functional From Ornamental Features Appropriate from

Richardson v. Stanley Works, Inc. (Fed. Cir. Mar. 9, 2010)

Today the Federal Circuit approved a district court "distinguish[ing], as part of its claim construction, the ornamental aspects from the functional aspects of [the ...

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post image Door Number One? Door Number Two? Or Door Number 3?: How Do You Choose the "Right Mediator"? from

How do you select a mediator in an IP-related dispute?

Although I haven’t seen statistics for IP-related matters, I think I can safely assume that the vast majority of litigated IP-disputes do not go ...

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post image "Soy far, soy good" for Argentine importers from

It's available in various official European Union languages, including Latvian, but not in English. Still, with the help of his friends, the IPKat has been able to piece together the deeper inner meaning of ...

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USPTO Requests Comments on Office's Paperwork Burden Collection Procedures from

By Sarah Fendrick -- In order to assess the burden of patent-related paperwork, the U.S. Patent and Trademark Office has retained ICF International (ICF) to conduct an independent study. As described in a notice in ...

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New York Times Provides Soapbox for Data Exclusivity Critics from

By Kevin E. Noonan -- Policy arguments based solely on outcome rather than process are rarely effective when put into practice. This is because the desired benefits of the outcome blind the policymaker to the question ...

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Senate Leadership Unveils Details of Patent Reform Agreement from

By Donald Zuhn -- On February 25th, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) announced that the Committee had reached a "tentative agreement in principle" regarding patent reform legislation (see "Chairman Leahy Announces 'Tentative Agreement in ...

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Patent Reform Act of ???? from

Like a bad penny, legislative proposals on the issue of patent reform turn up year after year. Like its predecessors, the Patent Reform Acts of 2006, 2007, 2008, and 2009––the unoriginally coined Patent Reform ...

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Concerning confronting plagiarism from

from the post, Confronting Plagiarism by Tracy Mitrano :

Let’s stop the cover up of plagiarism. Much of it occurs, I am learning, in freshman and sophomore introductory courses filled with large numbers of students ...

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Monsanto gets whacked at European Court of Justice on soybeans from

Monsanto's European patent for the trait that makes soybeans resistant to Round Up doesn’t extend patent protection to soy meal made FROM the patented seeds, according to a decision at the European Court ...

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Students Writing About the Law from

I have been continually impressed with the Harvard Journal of Law & Technology's Digest (JOLT Digest). The Digest is written in blog format by law students and covers interesting IP and technology related cases. Recent ...

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The Role of Claim Construction in the Obviousness Determination from

Alloc, Inc. v. Pergo, Inc. (Fed. Cir. 2010)(nonprecedential) Alloc and Pergo both manufacture and sell laminate flooring. Pergo's patents cover a mechanical joint that allows the "boards" to be joined together without the ...

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Productivity and Job Growth from

As noted in my previous posting, productivity growth is the key to sustainable long term economic growth. But the productivity data needs to be looked at with a careful eye. And not all productivity growth ...

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Vuitton Attempts Slam Dunk on Hyundai over Super Bowl Ad from

Alexander Gloor is a JD candidate at Osgoode Hall Law School. Fashion powerhouse Louis Vuitton has sued car maker Hyundai for trademark infringement stemming from a Super Bowl advertisement. Before reading on, try and spot ...

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Patently-O Bits and Bytes from

Free Podcast: Professer Meurer (BU) discusses his book: Patent Failure and takes “a hard look at the American patent system and why many innovators consider this system and the institutions created to protect patents complete ...

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Downloading a 142 MB PDF from the USPTO from

This morning I received an e-mail “Notice of Publication” on a trademark case, the first one of these I remember seeing. Here’s the notice (redacted): NOTICE OF PUBLICATION Serial Number: 55-555,555 Mark: TRADEMARK ...

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IP Litigation Statistics from the People’s Supreme Court of China; But What Do They Tell Us? from

I’ve been tipped off by the IAM Blog to these interesting statistics released by the Intellectual Property Office of the People’s Republic of China. 30,626 civil cases related to IPR at first ...

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Well, I Thought She Would from

Back on February 17, 2010, I posted an article on the DDIP blog (link HERE) providing details as to the Federal trademark applications filed by Nicole Polizzi (SNOOKI), Naughty Limited (THE SITUATION), and Paul Delvecchio ...

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Impress Your Search Clients Through Patent Analysis from

Having introduced the topic of patent analysis in my first post, today I would like to discuss a few real-world applications of how patent searchers can add value to their clients through some initial analysis ...

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Butting into Face from

I have blogged in the past about non-traditional trademarks. However the recent case of North Face and South Butt begs the discussion of trade dress and hence a comparison of the case in question with ...

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Lost Profits Expert Need Not Speculate As To Possible Noninfringing Alternatives from

In denying defendant's motion to preclude the expert testimony of plaintiff's lost profits damages expert, Brian Napper, the court rejected defendant's argument that "the premium ball market (more than $30 per dozen ...

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NEW Federal Circuit Feed From PATracer from

One of our new features here at PATracer is PATalert, which alerts you to newly announced opinions and decisions from the Federal Circuit.  PATalerts are listed on the site (to the right), and you can ...

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How VCs pick companies: finding entrepreneurs who aren't going to fail from

From a post titled How Pandora Slipped Past the Junkyard :

Meanwhile, he [Tim Westergren] appealed to venture capitalists, charged up 11 credit cards and considered a company trip to Reno to gamble for more money ...

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Lohan "right of publicity" case from

Lindsay Lohan has filed a $100 million "right of publicity" lawsuit in Nassau County, New York on 8 March 2010 claiming that a [baby] character in a SuperBowl ad for E-Trade was modeled after her ...

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Ex Parte Frye: BPAI’s Standard of Review of Examiners’ Rejections from

Today, in a precedential opinion that I was pleased to join as a panel member, the Board of Patent Appeals and Interferences clarified its standard of review of examiners’ rejections.  The opinion makes clear that ...

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ITU: ICT Regulation Can Be Economic Stimulus from

The United Nations International Telecommunication Union (ITU) today released an annual report on information and communications technologies that prompted it to push governments to support continued investment in network rollouts and technology upgrades while pursuing ...

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Intellectual Property Today Ranks Top Patent Law Firms for 2010 from

Intellectual Property Today has once again come out with its much anticipated list of the top patent law firms. At the top of the list was Oblon Spivak, McClelland, Maier & Neustadt, LLP, with 4043 utility ...

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Fixing Hatch-Waxman from

Note the article in the 26 Feb 2010 issue of Science, Fixing the Legal Framework for Pharmaceutical Research, by Sherry M. Knowles, Chief Patent Counsel, Glaxo. In the sub-headline, the Hatch-Waxman Act is referred to ...

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Doctrine of Claim Vitiation — Part 2 from

Judge Rader had a second bite at the claim vitiation apple in the recent case of Nystrom v. Trex Co., Inc., 2009-1026 (Fed. Cir. 2009). During the oral argument for that case, Judge Rader had ...

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ResQNet Throws a Bone to Plaintiff from

Last week we noted that a court in east Texas had relied on, Inc. v. Lansa, Inc. to expand the scope of discovery in patent litigation to include evidence of prior settlement negotiations ...

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Supreme Court: problem with State of the Union? from

The LA Times quotes Chief Justice Roberts at the University of Alabama School of Law:

"To the extent the State of the Union has degenerated into a political pep rally, I'm not sure why ...

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