Patent & IP news for May 5, 2010

Patent Litigations



Patent & IP Blogs

post image The Story of the Laawaris Song, as Told by the Calcutta HC from

The key phrase is "all other rights". According to the court, this did not include exploitation of the song, as claimed by Saregama.

In 1981, Saregama acquired a right in the soundtrack, and, therefore, was ...

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post image Wednesday whimsies from

PIIPA (Public Interest Intellectual Property Advisors, Inc.) is an international non-profit organisation that makes intellectual property counsel available for developing countries and public interest organizations which seek to promote health, agriculture, biodiversity, science, culture, and ...

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post image Clothing Company Sues Its Former Fashion Designer For Trademark Infringement & Unfair Competition from

Los Angeles – Fashion Designer Micah A. Cohen has been sued by his former employer, Swarm, LLC. Cohen apparently started the clothing company as a young designer and launched the “Shades of Greige” apparel line. Swarm ...

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post image Stapled from

Don't mess with Staples. "Staples has won three suits in recent months that, taken as a whole, demonstrate its resolve to aggressively defend against patent infringement claims it believes are without merit. The suits ...

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post image New blogger - Amlan Mohanty - joins us at SpicyIP from

The SpicyIP Team is proud to welcome Amlan Mohanty as the newest member to our blogging team.
Amlan is a second year student of the B.A.LLB (Hons.) program at the National Law School ...

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post image PTO Issuing Many More Patents in 2010 from

Earlier this week, Patently-O reported that the PTO is issuing patents at a much higher rate in 2010 compared to 2009.  Last year the PTO issued 167,349 utility patents or about 3,218 per ...

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post image Ohio's Third Frontier program - voters approve from

Yesterday was election day in a number of states -- mostly primaries. But in Ohio, there was a ballot issue to continue funding of the Third Frontier program. According to their website:
The Ohio Third Frontier ...

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post image Learn Practical Patent Analysis: A Case Study (Installment 2) from

too sensitive or not sensitive enough for your needs.

Grouping patents into families or de-duplicating results is important because without this data cleaning step, certain large groupings of patents may be over-represented when we conduct ...

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post image The Lure of Chapter 11 from

Creditors Should Covet IP, Not Costs

In a wry and informative Sunday Business piece in The New York Times, “Who Knew Bankruptcy Paid So Well?,” reporters Nelson D. Schwartz and Julie Creswell show just how ...

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post image Jessica Seinfeld Copyright Infringement Battle Over Cookbook from

Last week, a federal appeals court upheld the previous decision of a lower court in the Jessica Seinfeld cookbook case. Jessica (Jerry Seinfeld’s wife) was sued for both trademark and copyright infringement by Missy ...

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Avoid Problems: Get an Invention Assignment Agreement from

Companies acquire invention rights by one of three ways from employees.  A formal Invention Assignment Agreement is typically executed when the employee begins employment.  The Agreement assigns certain inventions of the employee to the company ...

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Breaking News: Roche Loses Valcyte Case from

In a momentous decision likely to impact the course of Indian patent jurisprudence, the Indian patent office held against Roche in a post grant opposition challenging the validity of its patent covering Valcyte (Valgancyclovir Hydrochloride ...

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IP and Tax: a reminder from

With many people predicting a change in government in the UK and, with it, shifts in taxation rules, speculation as to the impact of predicted fiscal austerity measures on IP -- whether from the point of ...

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The Copyright Status of Football Matching Lists from

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. In Football Dataco Ltd & Ors v Brittens Pools Ltd & Ors the England and Wales High Court has recently ruled on the copyright status of ...

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USPTO Patent Reform Implementation, Fine Tuning & Interference (Part I) from

Guest Post by Brad Pedersen

With the recent announcement from the Obama administration supporting the Manager’s Amendment to Senate Bill S. 515 and with the possibility that the Bill could soon get to the ...

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Border detention of counterfeit and/or "counterfeit" pharma products from

Words like "free trade" and "pharmaceutical products" are often guaranteed to spark off a knee-jerk response. Put the two together in a single sentence and you can be sure that someone, somewhere will take note ...

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Avid Identification Systems, Inc. v. Crystal Import Corp. (Fed. Cir. 2010) from

By Kevin E. Noonan -- Last week, the Court of Appeals for the Federal Circuit in Therasense Inc. v. Becton Dickinson & Co. issued an order granting plaintiffs' motion for rehearing en banc on the Court's ...

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Guest Post: Waxing Lyrical on Royalties - Update from

e issue of first ownership of copyright in music and lyrics composed for films and sound recordings, and generally prohibited, in such cases, assignments for lump-sums and maybe those that are for the entire term ...

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Failure to Conduct Reasonable Search for Documents Warrants Discovery Sanction from

The court sanctioned plaintiff under FRCP 26(g) because plaintiff did not conduct a reasonable search for responsive documents, but instead relied upon prosecution counsel's statements that it was "highly unlikely" there were responsive ...

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Companies that get it from

It often seems that the second biggest lie in business is the statement "employees are our most important asset." Executive say that repeatedly and then slash payrolls to cut costs. But according to a story ...

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The Copyright Act’s Registration Requirement No Longer “Jurisdictional” from

A recent decision by the Supreme Court of the United States may now allow copyright owners to bring a lawsuit without securing a federal copyright registration—though the issue is not wholly resolved. On March ...

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Initiative For Harmonisation Of Copyright Exceptions In Europe from

A new economically driven effort called the Copyright for Creativity Initiative is advocating the harmonisation of copyright exceptions across Europe, and is calling on the European Commission to act upon its 2008 Green Paper “Copyright ...

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Obviousness from

Rolls-Royce PLC v. United Technologies Corp.
  • “Obviousness is a question of law based on underlying factual inquiries including: (1) the scope and content of the prior art; (2) the level of ordinary skill in the ...

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Staples Wins Calculator Patent Case from

Staples has won three patent suits in recent months. The suits involved three popular products sold under the Staples brand name. See the following excerpt from a May 5, 2010 Staples' press release: Staples, Inc ...

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China's IP Goals for 2010 from

We have previously blogged about the emergence of China as a leader in patent filings.  Recently, 28 member of the Ministerial Joint Meeting on National Intellectual Property enacted the 2010 National Intellectual Property Rights (IPR ...

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Indian IP Office Overturns Patent On AIDS Patient Drug from

The Chennai Patent Office in India last week overturned the patent on Valganciclovir, an expensive drug used to prevent an infection to which people with HIV/AIDS or organ recipients are susceptible, an Indian lawyers ...

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Written Description--Little Used Perhaps, But Extremenly Useful to Ensure Claims are Appropriately Scoped from

The written description requirement remains alive and well!  On March 22, 2010, the Federal Circuit issued an en banc decision in Ariad Pharmaceuticals, Inc v. Eli Lilly, upholding the written description doctrine.  By a substantial ...

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Ex Parte Frye (Precedential): BPAI Does Not Give Deference to Examiner Position from

By Yuri Mikulka and Jeffrey J. Zuber || In a recent and rare precedential decision, the Board of Patent Appeals and Interferences (BPAI) has clarified that examiner findings are given no deference when specifically challenged on ...

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Who will be the voice of small business re: the future of intellectual property enforcement? from

Recently, the White House appointed Victoria Espinel as the U.S. Intellectual Property Enforcement Coordinator, a new position.  Ms. Espinel (or is it “Coordinator Espinel”?) recently sought public comments about steps for the federal government ...

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