Patent & IP news for May 14, 2010

Patent Litigations



Patent & IP Blogs

post image Friday fantasies from

Friday again, and it's time to check the IPKat's side bar for news of fresh seminars, conferences and other ways of improving your grasp of IP in the company of friends, peers and ...

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post image Zetia Patent Litigation Settles: Reissue Bullet Claims No Longer Shot Down from

In the Summary Judgment opinion, Judge Linares held that the ‘115 patent claims were effective to protect the ezetimibe species, when construing the facts in the light most favorable to Schering.  Following Schering’s concession ...

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post image Crafty Stand from

The labyrinth of possibilities makes patent licensing a byzantine form of contract, particularly regarding standing. Case in point. AMF licensed ear implant patents 5,609,616 and 5,938,691 to AB, while retaining certain ...

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post image Guide to 21st century business - new book from

Mary Adams and Michael Oleksak have just published their new book
Intangible Capital: Putting Knowledge to Work in the 21st Century Organization. This is an important new contribution.

As I said in my review of ...

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post image Germany: A Case Study On How To Strangulate Innovation from

Free WIFI - No longer available in Germany?

Well, I think I don't have to tell you here that patents are some sort of exclusive right related to inventions. Only inventions are eligible to be ...

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post image That WTO complaint: a Kat is mildly puzzled from

It is now known that Brazil and India are each launching complaints to the World Trade Organization regarding the seizure within the European Union territory of generic pharma products which, being made in India and ...

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post image Inequitable Conduct: Forming the Doctrinal Boundaries from

Taltech v. Esquel Enterprises (Fed. Cir. 2010)

After a prior remand, the W.D. Washington district court held Taltech’s patent unenforceable due to inequitable conduct during prosecution and awarded over $6 million in attorney ...

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post image Early-Stage Patent Litigation: May 14 from

Here's our latest close look into a recent patent litigation case centered on patent quality.

Display Technologies Inc. v. Universal Surveillance Corp.

Case number 10-cv-209 - U.S. District Court for the District of Rhode ...

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post image Pikes Peak IEEE Talk from

I will be speaking at the Pikes Peak IEEE dinner event on May 21.  To register click here.

“The Decline and Fall of the American Engineer”
By Dale B. Halling, Esq.

Dale Halling is a ...

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post image New ECJ reference a bit of a Paine ... from

The IPKat has learned, via the UK Intellectual Property Office, of Case C-145/10 Eva-Maria Paine v Standard Verlags GmbH, Axel Springer AG, Süddeutsche Zeitung GmbH, Spiegel-Verlag Rudolf Augstein GmbH & Co KG and Verlag M ...

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post image Infringement action won't be stayed pending foreign decision in non-patent claim from

Stay of proceedings is always an important issue where litigation breaks out between the same parties in different jurisdictions in respect of the same patent -- but it's not so common to find an application ...

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post image Subway Threatens Hotdog Vendor for Using “Footlong” from

Federal trademark law prohibits federal trademark registrations on words which, when used in connection with the goods, are merely descriptive. A cursory Google search reveals over 6,000 uses of the words “footlong sandwich” apart ...

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post image Bad News for Microsoft: i4i Patent Emerges Reexamination from

Earlier this week i4i Limited Partnership announced that the United States Patent and Trademark Office confirmed the patentability of all claims of the U.S. Patent 5,787,449. The ‘449 patent was being reexamined ...

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Biotech/Pharma Docket from

By James DeGiulio -- Medicis Settles Solodyn Infringement Case with Ranbaxy Medicis Pharmaceutical Corp. has reached consent and licensing agreements with Ranbaxy Laboratories Inc., thus settling patent infringement claims against Ranbaxy over Medicis' oral acne drug ...

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Patent Valuation – We Can’t Get Enough Of It from

Patent valuation, as a subject, is still “hot”. When in LinkedIn a question was posted on how to value IP[1] a large number of comments,  suggestions and ideas appeared. The overall conclusion – it is ...

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Should I register a .CO domain name? from

The ever expanding universe of domain names is certainly a nuisance for business owners. But given the situation, is it better to try to register domain name extensions like .BIZ, .US, and now .CO? Or ...

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In Trial of Declaratory Relief Case, Defendant to Proceed First and Neither Party May Refer to Itself as "Plaintiff" from

In a declaratory relief action, the court ordered defendant to present its claims first and instructed that neither party could refer to itself as the plaintiff. "[Plaintiff's] claims are defenses to liability. Thus, for ...

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2010 Proposed Patent Reform Legislation Series - First to File from

This is the first entry in a series of entries analyzing the impact the proposed Patent Reform Act of 2010:


Perhaps the most major change that the proposed patent reform legislation contains is the ...

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Canada Still in Search Of Answers to the Digital Media Conundrum from

Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Over 2000 people convened in Stratford, Ontario this week for Canada 3.0: Canada’s Premier Digital Media ...

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The confusing status of small business lending from

Today's Wall Street Journal has a story on the small business credit crunch - Bailout Missed Main Street, New Report Says:

Government funding to U.S. banks has done little to ease the credit crunch ...

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Interim injunctive relief in Spain from

Writing for International Law Office earlier this week ("Novartis's endeavours to obtain interim injunctions come to naught"), Sara Pelaz (Grau & Angelo) explains what happened last December when pharma company Novartis applied for an interim ...

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Federal Circuit Giveth, and Taketh Away from

Courts don’t just affect the rights of accused criminals.  In business, we often forget, the effect of an adverse (or favorable) court ruling can be drastic, and immediate. Today’s shining example of this ...

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En Banc Federal Circuit: Adjudged Infringers and their "New" Products from

TiVo v. EchoStar (Fed. Cir. 2010)

The Federal Circuit has announced an en banc rehearing of the TiVo appeal focusing on the process of chasing-down defendants to enforce an injunction — especially where the defendant has ...

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WHO Members To Act On Research Financing, Pandemic Preparedness from

How to proceed with the results of an initiative aimed at finding real alternatives for innovative health research financing is on the agenda at next week's World Health Assembly (WHA). The assembly also is ...

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Standing to Sue from

Alfred E. Mann Foundation for Scientific Research v. Cochlear Corp.
  • “A patent owner may transfer all substantial rights in the patents-in-suit, in which case the transfer is tantamount to an assignment of those patents to ...

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Federal Circuit Nominees’ Public Questionnaires from

As part of the confirmation process, judicial nominees submit a public questionnaire to the Senate Judiciary Committee. This is a link to the public questionnaire for Judge Kathleen O’Malley’s nomination to the Federal ...

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Trolling for Apples from

In other Apple–related news, The Recorder reports on a new angle in the ongoing patent skirmish between Apple and smart phone rival HTC, which makes devices that use Google’s Android operating system. Responding ...

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ITC to Investigate Apple's Patent Complaint from

The following is excerpted from an article by Grant Gross, IDG News Service\Washington Bureau, published at SFGate: The U.S. International Trade Commission will investigate complaints by Apple that Eastman Kodak violated its patents ...

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Movie ‘Kites’ sued for Copyright infringement, release stayed – later lifted from

It now is become a seemly predictably trend in India that a movie is invariably sued for copyright infringement just prior to its release. Few weeks back it was ‘Houseful’, this time it is the ...

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