Patent & IP news for June 1, 2010

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Patent & IP Blogs

post image “Torture Room” Movie and Screenplay Copyright Infringement Lawsuit Filed from

Los Angeles, CA – Randles Films is the owner of the copyright registrations in the original “Torture Room” screenplay and the revisions thereto. Randles also produced the movie and also registered the copyright therefor. Defendants Quantum ...

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post image Low-level protection drives up Russian patent litigation threat from

Writing for International Law Office, Eugene A. Arievich (Baker & McKenzie - CIS Limited), in"Patently absurd? Fear of patent trolls drives protective utility model filings" (here), explains how the threat of patent trolls has driven some ...

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post image Bilski Watch: Another No-Bilski Day at the Supreme Court from

In what is turning into a broken record, the Supreme Court once again did not issue a decision in Bilski v. Kappos.  We have been waiting 6 months and 22 days since the oral argument ...

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post image Whiff of TM reform for EU, as Council views anti-counterfeiting role for OHIM, local offices from

The air of Europe is redolent with the heady scent of amendment to European trade mark law, says the IPKat. This is not just a matter of prophecy, but rather the dropping of a heavy ...

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post image Photo Finish from

Jack C. Benun must really have wanted to be in pictures. Benun had a string of companies in film roll processing (lens-fitted film packages (LFFPs)), which digital technology has rendered obsolete. In the process of ...

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post image Troll kalla mik from

Mega firm litigation woes: you win a big patent litigation instruction only to find that you cannot act because it may cause a potential conflict with a big corporate the firm is trying to win ...

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post image Close Calls: Declaration Practice in Patent Reexamination from

As pointed out in our post on shielding declarants from litigation discovery in patent reexamination, the submission of declaration evidence is quite commonplace in patent reexamination as compared to application prosecution. Last week the Board ...

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post image A serious reference -- or is someone winding us up? from

The IPKat still can't find it on the Curia website, but lurking somewhere in the netherworld of Court of Justice web pages is a new reference to for a preliminary ruling. It's Case ...

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post image Was Thomas Edison a Patent Troll? from

Thomas Edison, perhaps the greatest US inventor.

To hear some people tell it, Thomas Edison was nothing but a scurrilous “patent troll.” That, at least, is the impression given in a recent article in Corporate ...

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post image Former Chief Judge H. Robert Mayer to Take Senior Status from

Yet another Federal Circuit judge is stepping down from active duty on the court.  On the day that Judge Rader becomes the new chief judge of hte court, Judge Haldane Robert Mayer has announced that ...

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post image Bilski Watch: Timing of Supreme Court Decisions from

The US Patent world continues to await the Supreme Court’s decision in Bilski v. Kappos. The case was argued on November 9, 2009 — 204 days ago.  Professor Joe Miller (Lewis & Clark) looked at the ...

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The Potential Consequences of Google’s Electronic Book Initiative from

Google's ambitious plans to make published books available for download on most internet-connected electronic devices by leveraging its position as the world's largest search engine could have far-reaching repercussions on electronic publishing and ...

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The Fortnightly Review (of IP and Media Law) from

Professors Megan Richardson and Andrew Kenyon and Vicki Huang edit a new online publication “The Fortnightly Review of IP and Media Law”. So far, it is up to issue #7 and features, amongst other things ...

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A new hurdle on the road to a EU patent? from

The creation of a new European Patent System meets some firm opposition and obstacles from various sides. Debates have been going on for decades now whether we should have a EU – or in older terms ...

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Proposed Amendments to PIPEDA: A Change for the Better? from

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. On Tuesday, May 25 the Government of Canada introduced Bill C-29 to amend the legislation protecting the personal information of Canadians (Personal Information Protection ...

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Australia's CSIRO Hits U.S. Carriers on WLAN Patents from

The following is excerpted from a May 28, 2010 article by Stephen Lawson, IDG News Service, published at TechWorld: The Australian Commonwealth Scientific and Industrial Research Organization (CSIRO) is suing three of the largest U ...

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Protecting the brand from

Here are two interesting news stories about company brands. A story in this morning's Washington Post - Political ads are tough sell for image-conscious corporations - describes how companies are being careful not to associate their ...

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Time's "The 50 Worst Inventions" from

Life magazine did 30 dumb inventions, and now Time magazine does The 50 Worst Inventions.

Early in the Time magazine article is the Segway, followed by "New Coke," and Microsoft's "Clippy."

Then "Agent Orange ...

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The Importance of the Written Description Requirement: Anascape v. Nintendo from

Recently, David Kappos discussed in his blog the importance of the written description requirement for patent applications.  He described how, despite the impression from practitioners in the patent field that the requirement is "little used ...

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Incorporation in Forum State Shortly Before Filing Patent Infringement Lawsuit "has the Appearance of Forum Shopping" from

and Provides No Basis for Retaining Venue

In granting defendants' motion to transfer venue, the court rejected plaintiff's incorporation in Arkansas as a basis for retaining venue. "The only connection this case has to ...

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Updates on the USPTO from

IT Improvements

On May 5, 2010, USPTO director David J. Kappos testified before the Senate Judiciary Committee to discuss the USPTO's operations, programs and initiatives. In line with the USPTO's goal of increasing ...

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US, China Weaving Closer Trade and IP Cooperation; Focus On Innovation from

The United States and China are strengthening their relationship on innovation and intellectual property rights as the global economy is slowly taking an upward turn. Those may come as signs of positive collaboration on the ...

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Federal Circuit Vacancy Watch: Judge Mayer Moves to Senior Status from

Chief Judge Rader: Federal Circuit Judge Randall Rader is now Chief Judge Randall Rader. Chief Judge Rader was appointed to the Court of Federal Claims by President Reagan and to the Federal Circuit by George ...

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Re-authorizing AMERICA Competes Act from

After some political drama, the House passed the H.R. 5116, America COMPETES Reauthorization Act of 2010 on Friday (see House S&T; Committee press release). The bill reauthorizes various federal R&D; programs and ...

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John Desmarais as an NPE from

Bloomberg reports:

Desmarais, 46, in December bought a portfolio of 4,500 patents from Micron Technology Inc., the biggest U.S. maker of computer-memory chips. Today he opens the doors of a new law firm ...

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False Marking Plaintiff borrows a page from Simonian in filing its own Amended Complaint from

At least one false marking plaintiff is following the lead of the most prolific false marking plaintiff, Thomas Simonian, by borrowing, word for word, the additional paragraph Mr. Simonian began including in amended false marking ...

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Upcoming Submission Deadlines for Two Canadian Writing Competitions from

Many of you will wish to take note of the fast approaching submission deadlines for Canada’s IP Writing Challenge and the IT.Can Student Writing Competition. Canada’s IP Writing Challenge is run by ...

Share via E–mail | Twitter | Facebook v. Lansa: Proper Calculation of Reasonable Royalty Rates from

By Laura D. Castner and Jan Jensen || The Federal Circuit clarified that extraneous and “inapposite” past license evidence should not be used to calculate reasonable royalty rates in patent infringement cases. In Inc ...

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Pro se plaintiff PING YIP loses against Hugs to Go from

The pro se plaintiff lost:

The district court continued to find the complaints in-
adequate, for Yip did not describe, explain, or particularly
reference facts in her pleadings, despite the guidance of
the district court ...

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Means plus function hybrid claim? from

One of the issues percolating at the Federal Circuit is to what extent a hybrid claim, i.e., a claim that includes claim elements for more than one class of patentable subject matter in 35 ...

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Pitfalls of Online Assisted Patent Filings from

Many online websites provide assistance in filing a provisional patent application at a low price.  Based on my understanding of these online sites, the website prompts the user with a series of questions.  Your answers ...

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Dr. Craig Venter Creates First Cell Controlled Entirely by Synthetic DNA from

By James DeGiulio -- After a 15-year effort, the team of Daniel Gibson (at right), Hamilton Smith, and Craig Venter (below left) have created the first cell controlled by a purely synthetic genome. In a press ...

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Patent Profile: BioNanomatrix Receives Nanofluidic Chip Patent from

By Nate Chongsiriwatana -- BioNanomatrix, Inc. recently announced the issuance of U.S. Patent No. 7,670,770 for nanochannel arrays that enable high-throughput macromolecular analysis. Previously, single-molecule DNA analysis has been limited by the difficulty ...

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