Patent & IP news for April 28, 2010

Patent Litigations



Patent & IP Blogs

post image InStyler® Hair Brush Products Subject of Copyright and Trademark Infringement Lawsuits from

Los Angeles, CA – Tre Milano is the owner of the InStyler® trademark and several copyrights used in the sale and advertising of its hair styling product, including a copyright registration for its ...

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post image Dow Jones Sues Alleging Copyright Infringement from

Last week Dow Jones & Company filed a lawsuit in the United States District Court for the Southern District of New York alleging that is misappropriating headlines and articles content. According to the complaint ...

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post image IP and European competition law: a new book from

Various members of the IPKat's blogging team are attending the launch this evening of a new and welcome publication, Intellectual Property and EU Competition Law, by London-based barrister Jonathan D.C. Turner (13 Old ...

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post image Digesting Zim's Indigenisation Policy from

Zimbabwe, once the bread basket of Africa, has been treated with trepidation when it comes to investment due to reasons that have been well documented over the last decade. There is evidence though that some ...

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post image DOE and EPA Try to Restore Energy Star’s Shine from


I’ve written before about the U.S. Environmental Protection Agency’s (EPA) Energy Star program, which promotes investment in energy efficient products by providing information that consumers and investors can use to research and ...

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post image Wednesday whimsies from

"Passing off or customer confusion?" asks the IPKat's friend Lucy Wimberley (SABIP), who had the good fortune to be detained in Turkey by the recent volcanic ash incident for long enough to grab this ...

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post image Research Tax Credits and Grants, Capped at $1 Billion, Boon for Small to Mid-sized Biotech Companies from

Health care reform has produced a new tax credit and grant program for inventive small to mid-sized companies with R&D; in therapeutics. Federal tax credits and grants will be awarded up to a national ...

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post image Patent Litigation Weekly: At Injunction Time, Ricoh Gets the Troll Treatment from

This week: Japanese office equipment manufacturer Ricoh tried to cash in on patent litigation in a market in which it no longer competes—and succeeded. But when it sought an injunction, the company didn't ...

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post image Revenue from internal TM licensing to swell GKN pension pot -- or will it? from

From today's Times Online, courtesy of Lee Curtis (Harrison Goddard Foote), comes this article entitled "GKN’s trademark transformed into revenue stream for pension scheme". According to the article,
"GKN returned to profit in ...

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post image Dream, Wish or Reality? This year's Laddie Lecture from

The Second Annual Sir Hugh Laddie lecture, "From National Patent Litigation to a European Patent Court: a Dream, a Wish or Soon Reality?", takes place on 15 June 2010 in the Cruciform Building, Gower Street ...

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post image Patently Overused from

Aren’t we a little tired of all the patent puns these days? It could be that I’m chronically hyper-exposed to this kind of thing, but there are a lot of Patently (blank) and ...

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post image "Burger King" Steals McDonald's McMuffin Recipe from

How do you protect your intellectual property? What is intellectual property? Is a special sandwich that you make better than anybody else intellectual property? Imagine you are the owner of a new restaurant who has ...

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post image Protecting scientific discoveries ... do we? from

The IPKat's friend Mark Houghton, all the way from beautiful Bakewell (home of the eponymous pudding), has been contemplating the recent post on this weblog concerning the new WIPO logo. It was not however ...

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post image BPAI Emphasizes Obviousness Test in Reversing Inter Partes Design Patent Reexamination from

In inter partes reexamination 95/000,034,Vanguard Identification Systems Inc., v Bank of America Corporation, the BPAI reversed the examiners obviousness rejection, emphasizing the difference between a proper obviousness determination for design and utility ...

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Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories, Ltd. (Fed. Cir. 2010) from

By Kevin E. Noonan -- On April 14th, the Federal Circuit rendered a decision construing statutory language in a rather straightforward and unremarkable (albeit not unanimous) opinion. But the statutory language at issue involved the 2003 ...

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Not complying with an injunction from

IP disputes often involved the (alleged) infringer providing undertakings or being subjected to injunctions to stop infringing the IP in the future. The sanction for non-compliance being (potentially) contempt of court.

The long running Deckers ...

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Considerations for agreements for storage of medical records from

The creation and storage of electronic medical records has resulted in medical professionals generating massive amounts of data about their patients.  Privacy requirements, such as those arising under the Health Insurance Portability and Accountability Act ...

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Lost iPhone saga: "Initially it's just a theft investigation." from

The worldview of IPBiz commenter James Katt on the "lost" iPhone seems to be coming true. Declan McCullagh writes at CNET of the search/computer seizure at gizmodo editor Chen's home:

Stephen Wagstaffe, chief ...

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T-Series and MySpace: Copyright Infringement and ISP Liability to be argued before the Delhi HC from

Nikhil Pahwa of Medianama reports a dispute between T-Series and MySpace which was argued before the Delhi High Court last Friday and is listed for arguments again this Thursday. T-Series has alleged infringement of its ...

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SpicyIP Tidbit: No arguments in Roche-Natco from

The Roche-Natco matter which came up for arguments before the Delhi High Court has been posted to May 10, 2010. No arguments were heard today.

This is by way of a quick update on the ...

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Artie Rai does cameo on Patent Docs from

Patent Docs had analyzed a USPTO "white paper" and, subsequently, posted comments by Artie Rai.

Within the comments upon Rai's comments was the following by Noonan:

I am happy Dr. Rai took the time ...

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Reengineering the MPEP: Part 2 from

In early February I asked for reader ideas about how we might reengineer the MPEP, and I was pleased to see how many thoughtful suggestions you all made.  With this post I want to let ...

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Fed. Cir.: Actions of Non-Inventor/Attorney Leads To Inequitable Conduct from

Avid Identification Sys. v. Crystal Import Corp., No. 09-1216 (April 27, 2010)

Avid brought suit against Datamars alleging infringement of a patent directed to an RFID system for reading encoded implant chips.   The patent was ...

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Voices on the Net a Session with JJ from

I had an excellent interview with JJ on a Session w/JJ on Voice on the net.  For the full interview click here.

Filed under: Innovation Tagged: A session w/JJ, Innovation, innovation policy, Intellectual ...

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Why small manufacturers need help with intangibles from

From Jack Healy's column in the Massachusetts MEP newsletter Sales and Marketing: Manufacturing's Biggest Deficit:
Ask any manufacturer on how they would rate their respective manufacturing operations, on a scale of 1 -10 ...

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Jackie Hutter Speaking at the Minneapolis May LES Meeting from

I love meeting my online friends and collaborators IRL (“in real life”).  If any of you are located in the Minneapolis area, please consider attending May 11, 2010 LES meeting where I will speak on ...

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Destroying an intangible asset: reputation from

Regardless of what you think about Wall Street and financial reform, there is one thing that has come out of the latest Goldman story: that intangibles matter. In fact, Steven Pearlstein's comment today (Two ...

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New Developments in the KIPO from

Our agent in Korea, SunYoung International Patent & Law Firm, recently informed us about some developments occuring in the Korean Intellectual Property Office (KIPO).

Greater Use of Oral Hearings
The use of oral hearings during patent ...

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Patent Reexamination: The New Strategy for Litigating Infringement Claims from

Strafford Publications is hosting the above-titledwebinar/teleconferencewith interactive Q&A; on May 26, 2010.

This CLE webinar will provide guidance to patent litigators regarding common challenges that arise when using parallel patent reexaminations ...

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Another Bad Inequitable Conduct Decision from

Yesterday, the Federal Circuit issued yet another split panel decision on inequitable conduct.  Avid Identification Systems, Inc. v. Crystal Import Corp.

The duty of disclosure to the PTO is governed by 37 C.F.R ...

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Prosecution Counsel's Workload No Explanation for Failure to Disclose from

In determining plaintiff's patent was unenforceable following a trial on inequitable conduct, the court rejected prosecution counsel's explanation that a failure to notify was a result of his workload and not an intent ...

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Plagiarism in Texas: wikipedia masquerading as de Tocqueville? from

Plagiarism charges arise in interesting contexts and can involve tortured inquiries. One of the more interesting quests of 2010 involves a charge made by Dr. Michael Soto arising in the area of the Texas State ...

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DJ Robinson's SJ in Oracle vacated from

In Oracle v. Parallel Networks, the CAFC noted that because a reasonable jury could find that the accused Oracle products meet the “releasing” limitation, this court vacates the D. Del’s grant of Oracle’s ...

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Newman on experts in B-K Lighting from

In a separate opinion in B-K Lighting, Judge Newman writes:

On cross-motions for summary judgment, the district court granted the motion of
Fresno Valves & Castings (“FVC”), and ruled that United States Patent RE 39,084 ...

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False Marking complaint with a Personal Injury Twist from

On April 27, 2010, an individual from Texas filed a complaint for False Marking against Koehn Marketing, Inc., a company whose principal place of business is in South Dakota, but markets “unique livestock equipment” via ...

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Federal Circuit Affirms Invalidity of Concerta Patent for Lack of Enablement from

ALZA Corp. v. Andrx Pharms., No. 2009-1350 (Fed. Cir. 2010)

Earlier this week, the Federal Circuit affirmed a district court decision finding ALZA's U.S. Patent No. 6,919,373 invalid for lack of ...

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Argue meaning term of art from

Takeaway: The cases in today's post revolve around the meaning of a term of art, where the Examiner is using a construction that is much broader than would be understood by a POSITA. To ...

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