Patent & IP news for May 25, 2010

Patent Litigations



Patent & IP Blogs

post image INTA day 1 from

The IPKat's Monday activities at INTA commenced with registration at 7.30am, followed by the rituals of collecting the attendee goody bag and the securing of as many ribbons as possible to wear on ...

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post image Tracking the recession by industry from

This morning, BEA released industry-specific data on the recession. According to the press release,

Downturns in durable-goods manufacturing and finance and insurance and a continued contraction in construction were the leading contributors to the downturn ...

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post image NBC “Harry’s Law” Trailer. from

JW Note:  Hat tip to Professor Crouch at Patently-O, who also identified the best quote (from a patent attorney’s standpoint, anyhow) being about 30 seconds into the clip.

Filed under: General Commentary

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post image Business of Software: How to Develop Tools for Patent Lawyers from

If you ever thought of starting a patent software company, I have some good news for you. Unlike the general software markets for, say, antivirus or mp3 software, the legal software market is just not ...

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post image INTA day 2 from

The IPKat's day began at the Boston office of Fish & Richardson, where a veritable army of concerned practitioners gathered for breakfast and, more importantly, a chance to discuss latest developments regarding the Madrid Protocol ...

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post image The Synthia Saga: CIPA fights back from

The Chartered Institute of Patent Attorneys (CIPA) in the United Kingdom has already issued a response to the Professor Sulston's rant over the patentability (or otherwise) of Craig Venter's Synthia synthetic life form ...

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post image Patent Bill We Can Support from

According to Computer World  John Conyers Jr., a Michigan Democrat and chairman of the House Judiciary Committee, and Lamar Smith of Texas, the ranking Republican on the committee introduced a patent bill that eliminates fee ...

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post image John, Craig and Synthia from

You just can't keep everyone happy when it comes to patents, it seems. The criticisms of the system for protecting life forms have long been known and articulated, and these have led to checks ...

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post image M/s Godrej Sara Lee Ltd. v. Reckitt Benckiser Australia Pty. Ltd: Jurisdiction 'Designed' to err? from

(Image taken from

This case involves an appeal filed against an order of the Controller of Patents & Designs, Kolkata under Section 19(1) of the Designs Act, 2000, canceling registered ...

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post image Debating the law of patent opposition: An appeal by any other name would smell just as sweet? from

As our older readers are aware, we have done several posts on the Patent Office, the Patent Office procedures, and more recently decisions of Courts that affect the Patent Office procedure.

The UCB Farchim decision ...

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post image M.S.M. Satellite v. Star Cable Network: Piracy receives yet another 'interim' blow from

(Image taken from here)

In the case of
M.S.M. Satellite Singapore Pte Ltd. v Star Cable Network & Others [F.A.O. (OS) 211/2010] the Appellant M.S.M. had a wholely-owned-subsidiary Multi ...

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Vanderbilt Univ. v. ICOS Corp. (Fed. Cir. 2010) from

By Donald Zuhn -- Last month, in Vanderbilt Univ v. ICOS Corp., the Federal Circuit affirmed a decision of the District Court for the District of Delaware finding that Plaintiff-Appellant Vanderbilt University had failed to prove ...

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How much to pay for a music download? from

The Canadian Federal Court of Appeal has ruled that no royalty is payable for downloads (should that be “streaming”?) of those 30 second previews of music. Apparently, it falls with the fair dealing provisions for ...

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Guest Post on the Copyright Amendment Bill, 2010 - Cover Recordings: Is it the same version? from

Neel Mason, Managing Partner of Mason & Associates, who has previously blogged for us, over here, has sent us this equally insightful piece on the proposed amendments to 'Cover Recordings' in the Copyright Act, 1957. For ...

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The Benefits of Inter Partes Reexamination from

Reexamination allows the USPTO to reconsider the patentability of at least one claim of an existing patent.  Congress intended reexaminations to provide an important quality check on patents that would allow the government to remove ...

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False Marking Case Should Be Transferred to Defendant's Home Venue from

The magistrate judge recommended granting defendant's alternative motion to transfer venue of plaintiff's false marking case to the defendant's home venue. "[T]he convenience of the parties strongly favors a transfer. . . . [P ...

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Smar(tm)ark issue 1.3 from

smar(tm)ark newsletter from Erik M. Pelton & Associates, PLLC 1.3 : May 2010 smar(tm)ark brand and trademark newsletter from Erik M. Pelton & Associates, PLLC In This Issue Trademark Tip Trademarks in the ...

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The Value of IP: TiVo litigation from

The Court of Appeals for the Federal Circuit has recently agreed to an en banc review of the litigation between TiVo and Dish Network.  TiVo's seemingly endless patent dispute is a perfect illustration of ...

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My type of CEO from

Ok, so I wasn’t there, don’t know the context and I know and it isn’t particularly a politically correct thing to do, but it did make me smile in today’s news ...

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Synthetic Life-To Patent or Not to Patent from

On a more IP and serious note, there is a good exchange of views on the merits and demerits of patents being filed on synthetic life on the BBC website today. ...

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Date online materials using the Internet Archive from

We all know that the legal element of patent searching can add an interesting twist onto scientific and technical literature searches.   Those of us in the Intellogist community who do lots of validity investigations, for ...

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Patentability of Computer Implemented Inventions – opinion G3/08 of EPO Enlarged Board from

On 12 may 2010, the Enlarged Board of Appeal  of the European Patent Office (EPO) issued its opinion G3/08 on the referral of 22 October 2008 by the President of the EPO on the ...

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My Bilski Prediction from

by Mark Malek The United States Supreme Court recently heard the case of In re Bilski in which the court was asked to make a determination of what is and what is not patentable subject ...

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Three Year Period of Silence Leads to Equitable Estoppel from

Aspex Eyewear Inc. v. Clariti Eyewear, Inc., No. 2009-1147 (Fed. Cir., 2010)

In March 2003, Aspex sent Clariti a letter identifying 4 Aspex patents relating to magnetically attachable lenses and stating "[i]t is our ...

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China's intangibles strategy from

Here is an interesting quote from a story in today's Washington Post:

"We've lost a bucketload of money to foreigners because they have brands and we don't," complained Fan Chunyong, the secretary ...

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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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Court of Errors from

I thought this was humorous comment by Judge Plager during the oral argument of Orion IP, LLC v. Hyundai Motor America, 2009-1130 (Fed. Cir. May 17, 2010), : “We’re a court of errors. We don ...

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Inovia Opens German Office from

We are pleased to announce our new office in Munich, Germany and the appointment of Wolfgang Danner as Senior Director, Business Development.

“Germany files more PCT applications than any other country in Europe – 15,000 ...

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Mixed Moves for Microsoft from

Bestriding the narrow IP world like a Colossus, Microsoft is always in the news when it comes to patent lawsuits––and this week is no exception.

Previous columns have focused both on Microsoft’s frequent ...

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Orion v Hyundai on Novelty: Expanding the Scope of a Printed Publication with Oral Testimony from

Orion IP v. Hyundai Motor America (Fed. Cir. 2010)

Orion sued Hyundai and twenty other automobile manufacturers for infringement of its patent covering a “computer-assisted parts sales method.” The invention took computer and database technology ...

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Ass’n for Molecular Pathology v. USPTO: Isolated Genes Are Not Patentable Subject Matter from

By Josh Lawler and Thomas F. Zuber || In a controversial decision, the U.S. District Court for the Southern District of New York has held that neither isolated DNA nor methods directed toward identifying mutations ...

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Recent Developments in Patent Infringement Damage Awards from

Excerpted from a May 18, 2010 press release at PRLog: 2009 ushered in several interesting cases which indicate a significant shift in the thinking of the courts regarding patent infringement damages, and specifically, the entire ...

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Columbia University valedictorian nailed for plagiarism from

Columbia student Brian Corman copied from comedian Patton Oswalt in his valedictorian speech. Corman's speech was "up" on YouTube but then it went down, faster than you could say Wheatoned Curry.

Oswalt twittered and ...

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What is the term of a patent? from

The general rule is that the term of a patent is 20 years upon filing or 17 years upon issuance depending on the date that it was filed and whether it was enforceable on June ...

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Poltorak criticizes S.515 from

Although Poltorak labels S.515 as a compromise between IT and pharma, one notes IT is flexing its muscles in the House to deep six S.515.

It is true that independent inventors and university ...

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Patentability of Computer Programs in Europe from

Robert Dewald is a JD candidate at Osgoode Hall Law School On May 12, 2010 the Enlarged Board of Appeal of the European Patent Office (EPO) responded to several questions posed by the President of ...

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A tale of trolls and false clouds from

PatLit has never been particularly happy about the use of the term 'patent troll' to describe a patent proprietor who, while not manufacturing anything himself, seeks to enforce a patent by collecting a rent for ...

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