Patent & IP news for May 26, 2010

Patent Litigations



Patent & IP Blogs

post image Court Grants Preliminary Injunction In “I Love You Phillip Morris” Movie Copyright Case from

Los Angeles, CA – EuropaCorp, the motion picture studio behind the “I Love You Phillip Morris” movie, was granted a preliminary injunction in its copyright infringement and breach of contract lawsuit against the distributor Consolidated Pictures ...

Share via E–mail | Twitter | Facebook

post image BPAI to Streamline Appeal Procedures for Patent Reexamination from

In a March Federal Register Notice, the USPTO outlined a new procedure for eliminating redundant appeal processing in patent applications. The redundancy was the result of both the examiner and BPAI perfroming the same review ...

Share via E–mail | Twitter | Facebook

post image Green Patent PR: Marketing Clean Tech on the Fast Track from

Perhaps it’s too early to call it a trend.  But clean technology companies have begun to use the fast tracking procedure offered by the U.S. Patent and Trademark Office’s (USPTO) Green Technology ...

Share via E–mail | Twitter | Facebook

post image The UK Drives IP Services from

The British are Here!

The UK holds a unique position in intellectual property world, especially publishing and services. At least several of the top IP publications are British or British-owned. IAM (Portfolio Media), Managing Intellectual ...

Share via E–mail | Twitter | Facebook

post image No scampi for Alicante from

The IPKat has learned of the appointment by the Council of the European Union of António Campinos as the next President of the Office for Harmonisation in the Internal Market (OHIM). His appointment will run ...

Share via E–mail | Twitter | Facebook

post image INTA day 3 from

Here's the third and final report of the IPKat on this year's International Trademark Association (INTA) Meeting, held this year in the Boston Convention and Exhibition Center, Massachusetts (click here and here for ...

Share via E–mail | Twitter | Facebook

post image Definitely from

The CAFC standard for §112 ¶ 2 indefiniteness is lax. A panel rehearing petition in Enzo v. Applera (CAFC 2009-1281o) was denied, but Judge Plager, in dissent, had some choice words on the topic.

Judge Plager ...

Share via E–mail | Twitter | Facebook

post image The Importance of Social Networking for Business Part III: LinkedIn Chapter 2 from

In Social Networking for Business Part III: LinkedIn Chapter 1 , I gave you the first 7 steps to using LinkedIn as a tool for growing your business.  The first 7 steps focused on getting your ...

Share via E–mail | Twitter | Facebook

post image Change in Transitional Phrase Can Trigger Intervening Rights from

Previously, we explored what types of amendments to claims under post-grant review can trigger intervening rights.

As you may recall, claim amendments in current post grant proceedings at the USPTO (i.e., reexamination/reissue) create ...

Share via E–mail | Twitter | Facebook

post image Patent Litigation Weekly: International Trade Commission rebuffs Big Tech, keeps doors open to NPEs from

The International Trade Commission is the federal agency in charge of enforcing the Tariff Act of 1930, which was passed during the Depression to protect U.S.-based companies that made and sold goods within ...

Share via E–mail | Twitter | Facebook

post image Patent Ignorance from

 I often hear from extremely intelligent engineers that they have read all sorts of patents in the last decade that should not have been issued.  Despite their brilliance, I am usually pretty sure that they ...

Share via E–mail | Twitter | Facebook

post image Time Bomb: CAFC Says Threat + Waiting 3 Years = Estoppel from

Many years ago (seven to be exact), I wrote about why patentees should worry if they procrastinate in filing a patent infringement suit after threatening a potential infringer. See Guttag, “Laches and Estoppel: The Patentee ...

Share via E–mail | Twitter | Facebook

post image Silence Not Golden from

Aspex and Clariti litigation counsel know each other well. Aspex first sued Clariti over eyeglass frames patents in 1999. They settled the next year. In March 2003, Aspex sent nastygrams to Clariti over some other ...

Share via E–mail | Twitter | Facebook

USPTO Expands Application Exchange Program from

By Sarah Fendrick -- On May 17, the U.S. Patent and Trademark Office (USPTO) announced in a press release it would be expanding the "Project Exchange" program to all applicants. The program enables an applicant ...

Share via E–mail | Twitter | Facebook

USPTO Continues to Modify System for Calculating PTA from

By Jori Fuller -- As some practitioners and applicants may have noticed, the U.S. Patent and Trademark Office has begun sending out decisions on Requests for Recalculation of PTA in view of the Federal Circuit ...

Share via E–mail | Twitter | Facebook

Marks & Clerk Survey Predicts Rise in Consolidation as Biotech/Pharma Industry Nears Patent Cliff from

By James DeGiulio -- Despite the global economic outlook improving considerably over the last year, an industry survey by international intellectual property group Marks & Clerk suggests that the biotech and pharmaceutical industry may be entering a ...

Share via E–mail | Twitter | Facebook

What happens when an opponent stops opposing from

Delnorth had successfully opposed the grant of a standard patent to Dura-post for the latter’s flexible roadside posts (Patent App. No. ) on the grounds that it lacked inventive step.

Dura-post appealed to the Federal ...

Share via E–mail | Twitter | Facebook

"Wrongful death" theme in tv finales in 2010 from

In "Rubber Room," the finale to Law & Order on 24 May 2010, character Jack McCoy delivered one of the most impassioned speeches in the 20 year history of the show to a lawyer from a ...

Share via E–mail | Twitter | Facebook

Status unclear from the USPTO Public Pair website from

Footnote 2 of the decision Orion v. Hyundai states:

Also, the asserted claims of the ’627 patent were the subject of an ex
parte reexamination proceeding, initiated by a third party. In a Final Office ...

Share via E–mail | Twitter | Facebook

Unhappy shareholders at Merck meeting at RVCC from

An AP story on the Merck annual shareholders meeting began:

Shareholders of drugmaker Merck spent their annual meeting Tuesday [25 May 2010] peppering its chief executive with questions about what the company will do to ...

Share via E–mail | Twitter | Facebook

Patent Grants 2010 from

Over the past few weeks, I have been reporting on the dramatic rise in the number of patents being issued by the USPTO each week. That trend continues. In the past three weeks, the USPTO ...

Share via E–mail | Twitter | Facebook

Opinion Counsel's Participation on Trial Team Results in Broad Waiver of Privilege from

The court denied defendants' motion for a protective order for privileged documents concerning opinions of counsel in part because defendants' opinion counsel also served as trial counsel. "[Defendants have] cast doubt on the credibility of ...

Share via E–mail | Twitter | Facebook

Judge Plager on "Indefiniteness" from

Today, the Federal Circuit denied a petition for en banc rehearing in the case of Enzo Biochem, Inc. v. Applera Corp. (2009-1281).

One of the issues in this case was the use of the term ...

Share via E–mail | Twitter | Facebook

Read this before you “hire” unpaid interns from

On the “business” instead of the “intellectual property” side of IP Spotlight, I thought that the readers of this blog would find a recent article relating to unpaid internships interesting. Startups, small companies, and others ...

Share via E–mail | Twitter | Facebook

Salesforce CEO Accuses Microsoft of being a Patent Troll from

Lots of good IP news around.

If anyone doesn’t know Wendy Chou at Choumedia’s worth checking out her good spot of this news story today that is referenced ...

Share via E–mail | Twitter | Facebook

They Invented What? (No. 170) from

U.S. Design Pat. No. D274,350: Fishing lure. The ornamental design for a fishing lure, as shown. JW Note: I obviously have my upocoming annual fishing expedition to Ontario, Canada on my mind. Do ...

Share via E–mail | Twitter | Facebook

Top Trademark Attorney 2010: Cohen IP Law Group, PC from

Once again, the Cohen IP Law Group, PC has ranked among the top trademark firms in the nation in the recent May 2010 issue of IP Today Magazine.

Intellectual Property Today Magazine is a promenient ...

Share via E–mail | Twitter | Facebook

Statement to OSTP/NEC on Intangible Asset-backed financing from

As I noted in earlier postings, in March OSTP and the NEC published a Request for Information on the commercialization of university research. One of the questions asked concerned alternative financing mechanisms. Below is the ...

Share via E–mail | Twitter | Facebook

Keep Your Opinions to Yourself from

Opinion letters—legal opinions from patent lawyers that a defendant’s accused system does not infringe an asserted patent—used to be commonplace in patent litigation as an element of a defense against an accusation ...

Share via E–mail | Twitter | Facebook

Supreme Court: NFL collective licensing of trademarks not immune from Section 1 antitrust scrutiny from

Monday the Supreme Court unanimously held the NFL's practice of collectively licensing the trademarks of all 32 individual teams is not immune from antitrust scrutiny under Section 1 of the Sherman Act.  The NFL ...

Share via E–mail | Twitter | Facebook

A Magical Patent Settlement from

From an April 2, 2010 press release: After months of heated litigation, Yigal Mesika has settled his patent lawsuit with Sean Bogunia and Sean Bogunia’s Ultimate Magic at the Federal District Court in Los ...

Share via E–mail | Twitter | Facebook

Judge Rader on Judicial Confirmation Hearings from

With the nominations of Judge Kathleen O’Malley and Edward DuMont to the Federal Circuit as well as Solicitor General Elena Kagan to the United States Supreme Court, I thought that this C-Span video from ...

Share via E–mail | Twitter | Facebook

112 written description disclosure obvious from

Takeaway: The BPAI upheld a written description rejection based on the Applicant's arguments that the claimed element would be obvious to a POSITA reading the disclosure and that a POSITA would understand that the ...

Share via E–mail | Twitter | Facebook

Declaration swear behind future tense BPAI from

Takeaway: The BPAI concluded that a swear behind declaration did not show reduction to practice because the supporting inventor documentation described the invention using future tense.

Ex parte Knaus
(Appeal 2009-0552, Appl. No. 09 ...

Share via E–mail | Twitter | Facebook

Some content © 2007–2014 RPX Corporation.
Terms of Service & Privacy Policy
For DMCA requests contact