Patent & IP news for May 12, 2010

Patent Litigations



Patent & IP Blogs

post image Meet up with Article One Partners at the LES 2010 Spring Meeting from

Article One Partners will be attending the Licensing Executives Society (LES) of USA and Canada Spring Meeting May 19th to 21st in Boston.  Per the LES website, the meeting topic will address the LES ...

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post image Claim Construction Reversed Where Limitation Read Out of Claim from

Randall May Int'l, Inc. v. DEG Music Prods., Inc. (Fed. Cir. May 11, 2010) (nonprecedential)

In this case the Federal Circuit held that the district court's claim construction was in error where the ...

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post image Design for 'instruments for writing': Beifa wins on appeal from

The IPKat had been waiting impatiently for today's appeal in Case T‑148/08, Beifa Group Co. Ltd v OHIM, Schwan-Stabilo Schwanhaüßer GmbH & Co. KG, since he knew -- after the battle in the Board ...

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post image The Patent Reexamination Paradox of 35 USC 112 from

It would be so nice if something made sense for a change — Alice (in Wonderland)

Earlier this week, the BPAI affirmed the rejection of certain means-plus-function claims of patent 5,283,862 in Ex Parte ...

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post image MOU Gives AIQ Option to License PetroAlgae’s Micro-Crop Technology in Chile from

PetroAlgae is a Florida-based renewable energy company that licenses its technology for growing and harvesting “micro-crops” such as algae, diatoms, micro-angiosperms and cyanobacteria for large scale production of biofuels.

Last month PetroAlgae announced a deal ...

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post image EPO EBoA Opinion in re G 03/08 (Patentability Of Computer-Implemented Inventions) from

As reported earlier on this Blog, under the date of October 22, 2008, the President of the European Patent Office (EPO), Ms Alison Brimelow, has referred a set of basic questions to the Enlarged Board ...

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post image Nokia Sue Apple in New Rocket Docket, the W.D. of Wisconsin from

On May 7, 2010, Nokia Corporation escalated its patent war with Apple, Inc., by filing yet another patent infringement action against Apple in the United States Federal District Court for the Western District of Wisconsin ...

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post image Home Depot Ordered To Pay Patent Holder $25M for Stealing Invention from

“Fuck Michael Powell,” said a Home Depot executive about the inventor of a new saw safety device, “Let him sue us.” And that is just what inventor and patent holder Michael Powell did.

Florida U ...

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post image G 3/08 (Software Patents) decision is out - Tufty the Cat vindicated from

Back in October 2008, the IPKat reported on a referral that had been made by the EPO President Alison Brimelow to the Enlarged Board of Appeal on the subject of patents for computer-implemented inventions (or ...

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post image Judge Michel: USPTO Should Receive $1 Billion Infusion of Cash from

Chief Judge Paul Michel recently spoke to USPTO patent examiners on the topic of “American economic security” and the threat posed by “the outflow of jobs, talent, technology and production.”  Judge Michel argued that private ...

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post image Soccer World Cup competition from

Although he has too many paws, claws and whiskers to be assured of inclusion in the England team, the IPKat is getting very excited by the impending soccer World Cup in South Africa, which will ...

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post image Problems at the EPO could affect your patent search speed from

We’ve heard today from a couple of different sources that the European Patent Office’s Open Patent Services (OPS) server is experiencing some technical difficulties related to a recent upgrade to a new version ...

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post image Tommy Burger Trademark Infringement Family Affair from

Trademarks are valuable property. Business partners, friends, and even family members can be split over trademark rights. Take the case of Original Tommy’s World Famous Hamburgers here in L.A. When the original Tommy ...

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post image Wednesday whimsies from

Around the blogs. The IPKat's April Fool's Joke this year, which proved so controversial that it had to be withdrawn, is the subject of the Editorial in the June issue of the Journal ...

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Patent Reform News Briefs from

By Donald Zuhn -- Secretary of Commerce Writes in Support of S. 515 On April 20, Secretary of Commerce Gary Locke (at right) wrote to Senate Judiciary Committee Chairman Patrick Leahy (D-VT) and Ranking Member Sen ...

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Can I Copy My Competitor’s Product? from

Businesses track new products and developments of their competitors.  They attend trade shows, receive information from mutual clients about new products offered by others. In response, companies may attempt to introduce a competitive alternative.  In ...

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IFPMA Developing World Partnerships Directory from

The International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) has launched its “Developing World Health Partnerships Directory” for 2010. The directory details long-term (more than one year) public-private partnerships to improve health in developing countries ...

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Biotechnology Consultant To Lead WIPO Global Challenges Division from

A leader for the World Intellectual Property Organization Global Challenges Division – tasked with connecting intellectual property to critical issues such as public health, food security, and climate change – has been named more than a year ...

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Buffalo Law Journal Report on Intellectual Property from

The Buffalo Law Journal May Special Report focusing on Intellectual Property is now available.

Thanks to Matt Chandler and the staff at Buffalo Law Journal for allowing me to author a guest column in this ...

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Indian Patent Office Declares Patent Agent Results from

The Indian patent office has declared the results of the Patent Agent Exam held on 23rd January.

The results can be found on the IPO website here. Forwarding in the effort for transparency the ...

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SpicyIP Tidbit: Patent Office announces the results of the Patent Agent Examination from

The Patent Office has announced the results of the Patent Agent examination today. The results are available on the website of the Patent Office over here. Individual lists for each city have also been released ...

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March trade in intangibles from

March's trade data once again showed an increase in our deficit -- rising to $40.4 billion from February's revised monthly deficit of $39.4 billion. Exports rose $4.6 billion in March after ...

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3rd Annual Life Sciences Congress on Paragraph IV Disputes from

The Center for Business Intelligence is hosting the above-titled conference that will include discussions on regulatory developments and strategic planning for pre-litigation, prosecuting and defending PIV suits. The conference will take place on October 18 ...

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The New Ombudsman Pilot Program from

By now you’ve no doubt heard about the Agency’s “Ombudsman Program” which was announced in early April. 

One of the Agency’s strategic priorities is to improve relations with our stakeholders. The newly ...

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IPhone application logo trademarks – Update from

As noted previously on this Blog here, iPhone® “app” logos are a rapidly expanding environment for trademark development. The logos have limited space and creativity to work with – they must be legible on the mobile ...

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Patching the Cloak of Anonymity: The Freedom of Expression, Privacy and Defamation Law from

Robert Dewald is a JD Candidate at Osgoode Hall Law School. The internet provides an ideal environment for users to express themselves, their ideals and concerns.  This expression is valued by society and enshrined in ...

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Counterfeit Medicines In WTO Dispute Process, Heating Up At WHO from

The international policy debate over counterfeit medicines and legitimate generics escalated today. Brazil and India took the first step in the World Trade Organization dispute settlement process for treatment of generics medicines falsely labelled counterfeit ...

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Attorney fees in Taltech v. Esquel from

A finding of inequitable conduct leads to attorney fees:

Following a bench trial, the district court concluded that Taltech inventor John
Wong engaged in inequitable conduct during prosecution of the ’779 patent before the
United ...

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Stay Pending Reexam Denied Because Reexam "May Actually Complicate" the Case from

The court denied defendant's motion to stay pending ex parte reexamination. "[U]nless all claims of the patents-in-suit are invalidated through reexamination, the reexamination process may actually complicate the above-captioned case by creating additional ...

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Hearing next week on from

According to the Newsletter -- Court of Justice of the European Union, next Tuesday, 18 May at 9:00am the Court of Justice is holding its Hearing in Opinion 1/09 on the compatibility with European ...

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How do you change the attorney docket number on a trademark application? from

If you’ve ever wondered how to change the attorney docket number on a trademark application, per the USPTO’s Trademark Assistance Center (2010.05.12):

If you need to change your correspondence information, you ...

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U.S. Reps. Manzullo (R-IL) & Michaud (D-ME) Oppose Patent Reform from

Here is some good news on the Patent Reform front.

U.S. Reps. Don Manzullo (R-IL) and Mike Michaud (D-ME) today released the following joint statement in response to today’s House Judiciary Committee hearing ...

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What to Look for in a Foreign Agent from

Nearly all applicants pursuing international patent protection are aware of the importance of choosing a competent foreign agent, but often do not know exactly what factors to look for when selecting one.

Some applicants simply ...

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A leftwinger on Kagan/Tribe matter from

A previous IPBiz post discussed an article Right-wingers falsely accuse Kagan of covering up plagiarism at Harvard . Here's text about what (liberal) Dean Velvel has to say:

Velvel discussed Kagan’s nomination as a ...

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Federal Circuit Denies Apple's Motion to Transfer Venue out of Texas from

In re Apple (Fed. Cir. 2010)

In a split decision, a Federal Circuit panel has denied Apple's petition for a writ of mandamus that had asked the court to transfer Apple's litigation out ...

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Law and Development Review: India and Brazil Special Issue from

A Special Issue of the Law and Development Review has some interesting pieces on the emerging powers, namely India and Brazil. In particular, there are pieces on Indian intellectual property and WTO law that may ...

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What is Use in Commerce for a Service Mark? from

While an application to register your trademark can be filed before the mark is used (as long as you have an intent to use it in the future), the Trademark Office will not issue you ...

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