Patent & IP news for May 24, 2010

Patent Litigations



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post image Free Intellectual Property Law App Now Available for iPhone from

Free Intellectual Property Law App Now Available for iPhone

Falls Church, VA, May 22, 2010 –(– Erik M. Pelton & Associates, PLLC, today announced the release of Apptorney: IP, a free iPhone® application for intellectual ...

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post image The Gap: Being What You Know and Being Who You Are from

Cultivating Qualities of Being

Introduced here in my first post as having a “contemplative law practice,” a few friends politely inquired – what is a “contemplative law practice,” and what does that have to do with ...

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post image Progress from

Here's the fourth and final contribution in a series of four short pieces by the IPKat's friend Keith Braithwaite (read the prologues to pieces one, two and three for the background) on the ...

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post image Levi Strauss Sues Gardeur Over Pocket Stitching Designs On Jeans from

San Francisco, CA – Clothing and jeans giant Levi Strauss owns several USPTO registered trademarks for its arcuate stitching design initially used in 1873, which it alleges is the oldest known clothing trademark in the United ...

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post image Continuing the post-mortem of the Patent Office's Order in the Valcyte case: The workings of the Opposition Board from

In response to my earlier post on the procedural issues in the Valcyte post-grant opposition I received unconfirmed information, from parties familiar with the matter, that the recommendations of the Opposition Board were not even ...

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post image Breaking News: American Needle v NFL from

Breaking News: The Supreme Court didn't deliver Bilski today but they did unanimously decide that American Needle's important IP and anti-trust lawsuit against the NFL can proceed (see decision here).
In brief, a ...

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post image The Wait Continues: Another Day Without a Bilski Decision from

After 6 months and 15 days we still wait for a decision in Bilski v. Kappos, perhaps the most anticipated Supreme Court patent decision of all time.  It is now 10:50 am Eastern Time ...

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post image Federal Circuit Reverses BPAI's Claim Interpretation from

In re Vaidyanathan (Fed. Cir. May 19, 2010) (nonprecedential)

The Federal Circuit vacated the BPAI's rejection of two claims as the BPAI's interpretation of the claims "finds no support in the [application] specification ...

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post image Patent Slips on Non-Slip Surface from sued SiliconeZone computer mouse pad patents 5,942,311 & 5,997,995, which claim "a thin, non-slip mat or pad made of plastic" and a method of making the same, respectively.  After claim ...

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post image Shielding an Expert Declarant in Patent Reexamination from Deposition in Concurrent Litigation? from

Unlike pre-grant patent prosecution, the submission of declaration evidence under 37 CFR 1.131/132 in patent reexamination is not only common, but the norm. This is due to the fact that there are no ...

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post image Supreme Court Refuses Microsoft Appeal in Alcatel-Lucent Case from

Earlier today the United States Supreme Court denied Microsoft Corporation’s petition for writ of certiorari in Lucent Technologies, Inc. v. Gateway, Inc. et al, with Microsoft being among the “et al.”  The case dealt ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Medicis Pharmaceutical Corp. v. Nycomed US Inc. et al. 1:10-cv-00419; filed May 19, 2010 in ...

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Fee surcharge for more than 20 claims from

Patent Baristas look at rule changes introduced by IP Australia to stop patent applicants  circumventing the $100 surcharge for each claim in a patent in excess of 20 claims.

Read on here with links to ...

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Last episode of Law & Order from

Included within a discussion of the last episode of "Law & Order" [ Rubber Room ] is the line

"Law & Order" has become, to be as unromantic as possible about it, a triumph of what is now popularly ...

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False Marking Includes Marking With Expired Patent Number from

Plaintiff's complaint alleging expired patents as the basis for a false marking claim did not fail to state a claim under 35 USC § 292. "[Defendant] contends that its challenged articles are not 'unpatented' because ...

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Invest in intangibles from

Here is a tidbit from a new report from the Booz & Company magazine Strategy+Business -- Growth through Focus: A Blueprint for Driving Profitable Expansion (registration required):

Too often, when companies rationalize and focus, they slash ...

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Guest Post: The Impact of the Copyright Amendment Bill, 2010 on Copyright Societies from

Neel Mason,a Managing Partner of Mason & Associates, with over 13 years of practice in IP matters has written for our readers, this excellent guest-post on the impact of the Copyright Amendment Bill, 2010 on ...

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USPTO expands Green Technology Pilot Program; eliminates the program’s technology classification requirement from

On May 21, 2010, the U.S. Patent and Trademark Office announced that it would open up its Green Technology Pilot Program to patent applications that cover additional technology categories. Under the Pilot Program, an ...

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Patent Litigation: Crocs v. ITC from

In Crocs v. ITC, the Federal Circuit overturned an ITC ruling on whether or not imitation shoes based on the Crocs design infringed both design and utility patents Crocs held.  The ITC had originally ruled ...

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IP translations from

As we alluded to in our last blog post, the cost of translation work can be a crippling factor when it comes to seeking patent protection.   When looking to outsource your translation work, you should ...

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AOL and the NHL Sued for Patent Infringement by DDB Technologies from

The following is excerpted from a May 24, 2010 DDB Technologies press release published at BusinessWire: DDB Technologies, L.L.C. (“DDB”) continues to enforce its patent portfolio within the interactive sports broadcasting market. AOL ...

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Equitable estoppel issues in Aspex v. Clariti from

The CAFC concludes:

The elements of equitable estoppel were established
without material factual dispute, and the district court did
not abuse its discretion in weighing the equities. We affirm
the district court’s ruling that ...

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Rule 11 sanctions from inventorship dispute; relevance to Myriad? from

from the decision:

Count VIII alleged a “breach of fiduciary duty by John
Doe I [patent attorney] in violation of 35 U.S.C. et seq., 37 CFR et seq., and
the Manual of Patent ...

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Patently-O Bits and Bytes from

  • Trademark / Antitrust: The Supreme Court has ruled against the National Football League (NFL) in an antitrust suit involving the NFL's exclusive apparel licensing deal with Reebok/Adidas. The court held that the NFL was ...

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Equitable Estoppel from

Aspex Eyewear Inc. v. Clariti Eyewear, Inc.
  • “In the context of patent infringement, the three elements of equitable estoppel that must be established are: (1) the patentee, through misleading conduct, led the alleged infringer to ...

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Chief Judge Michel: State of the Court from

Chief Judge Paul Michel will be retiring from the bench later this month after more than twenty-two years on the bench and five as the chief judge.  He recently offered his annual “state of the ...

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Reducing Patent Pendency: The PTO Responds from

I have received a response to my recent post Reducing Patent Pendency.  The following was received from Peter C. Pappas, Chief Communications Officer & Senior Advisor to the Under Secretary for Intellectual Property:

I wanted to ...

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It Takes Some Practice to Obtain an Injunction from

Discussions of patent litigation here and elsewhere often focus on the practices and prevalence of non–practicing entities (or patent trolls), i.e., businesses that own patents but don’t use them for anything other ...

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USPTO Now on Facebook from

It was bound to happen sooner or later, what with the steady advance of social networking. First the Director's Blog, now the Office has a Facebook page.

After perusing the thing for a bit ...

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Five Ways of Delivering Value for Clean Technology Innovation Through Intellectual Property from

Last month, I had the honor of being one of five speakers at a seminar in San Francisco sponsored by the Global Innovation Forum and ACT’s Innovators Network where invited guests included Bay Area ...

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Trade-Mark Appeal before the Supreme Court of Canada from

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. For the first time since 2006, the Supreme Court of Canada (”SCC”) has been ...

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