Patent & IP news for June 3, 2010

Patent Litigations



Patent & IP Blogs

post image The "Fishy" Trademark Handover from

In a wonderful piece of investigative journalism, CH Unni reports on the rather "fishy" move to divest the current Controller General, PH Kurian of his "trademark" portfolio.

Some see this as an attempt to reinstate ...

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post image MIT: A Clear Correlation Between IP and Capital Market Success from

Here is a talking point that every IP strategist and professional in the IP monetization business has been waiting to put in their arsenal of persuasion efforts:  MIT agrees.  I was put on to this ...

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post image The Risk of Delaying Your Request For Patent Reexamination from

As noted in our post yesterday, prior to their Memorial Day break, the Federal Circuit issued two decisions touching upon patent reexamination practice, the second decision is discussed below.

In Dow Jones & Co., Inc. v ...

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post image PTO Proposes Major New Patent Application Processing Rules from

Kappos speaking at Center for American Progress, 6/2/2010, hinted of a major rulemaking announcement.

The United States Patent and Trademark Office is seeking public comment on a major new patent examination initiative that ...

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post image Hasbro v. Buzz Bee: Nerf Wars and Super-Soaker Nausicaans from

In a patent litigation development that I applaud, Hasbro sued two of its competitors -- Buzz Bee Toys and Lanyard Toys -- for what appears to be flat out copying of its Nerf-N-Strike and Super Soaker products ...

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post image German Piratenpartei: The Hype Is Over from

Google Trends for 'Piratenpartei'

The various Pirate Parties which now are active in a large number of countries demand - specific for every country - various modifications of the current system of Intellectual Property law. Hence, they ...

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post image "Justice must be seen to be Danone" from

Posted online only yesterday was the decision of the Irish Supreme Court (Hardiman J, Fennelly J and, giving judgment for the court, Macken J) of 19 May 2010 in Compagnie Gervais Danone v Glanbia Foods ...

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post image Corporations Have the Rights of a Person? from

There has been a lot of anger at corporations lately and many people are wondering when and why the courts ever stated that corporations have the rights of a “legal person.”  The case Citizens United ...

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post image If it's not for sale, it's not put on the market. Duh. from

Article 7(1) of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks in its original version provided:

‘The trade mark ...

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post image Ford and Paice Collide in Hybrid Vehicle Patent Dispute from


Last month, Ford Motor Company (Ford) and hybrid vehicle technology company Paice LLC (Paice) each sued the other over allegations that Ford’s Fusion hybrid infringes Paice’s U.S. Patent No. 5,343,970 ...

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post image A USPTO Ombudsman Pilot Program, Now That's Using ADR in IP! Or is it? from

On April 6th of this year, the Patent and Trademark Office announced its new Ombudsman Pilot Program for patent examinations. David Kappos, the USPTO’s Director, states in his  that the program was established to ...

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post image Choose-Your-Own-Adventure: A Multi-Track Patent Examination System from

The USPTO is in the midst of considering a new multi-track examination system that would offer patent applicants options to choose between fast-track “prioritized” examination, ordinary examination, and delayed examination.  It is expected that applicants ...

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Biotech/Pharma Issuances on the Rise from

By Donald Zuhn -- Last week, a post on Patently-O presented some interesting results regarding the percent of utility applications that had issued as patents as compared to the total number of issued patents and abandoned ...

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Meaning of term in claim preamble must be consistent with rest of claim from

In Haemonetics v. Baxter Health Care, the term in question was "centrifugal unit,"
and the CAFC was emphatic about the need for the term to mean
the same thing throughout the claim:

In this case ...

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Anatomy of an academic plagiarism case: Kinavey in Pittsburgh from

Mary Niederberger of the Pittsburgh Post-Gazette gives a summary of matters in the plagiarism case against Terry Kinavey, the suspended West Jefferson Hills superintendent-->

In addition to accusing Mrs. Kinavey of acting inappropriately regarding the ...

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From Kappos's Blog: Five Tips for Practitioners from

David Kappos recently discussed in his blog, "Director's Forum," an article published by IPLaw 360 titled, "Five Things Patent Examiners Wish You Would Do."  The five tips are:

1.       Set up an interview

2 ...

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From Patent Trials to Patent Trolling? from

According to a report by Bloomberg, there’s a new shake–up in the world of patent–holding companies. A former Kirkland & Ellis partner, who spent a number of years defending corporations in patent infringement ...

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A Lawyer's Guide to Section 337 Investigations Before the ITC from

Editor Tom M. Schaumberg offers the above-titled book available through American Bar Association Book Publishing (publication date - February 16, 2010).

Get expert analysis and explanation of the participants in Section 337 investigations and the unique ...

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Failure to Allege Lack of Substantial Noninfringing Use Sinks Contributory Infringement Claim from

The court granted defendant's motion to dismiss plaintiff's contributory infringement claim for failure to state a claim. "Plaintiff alleges that the Infringing Toy is sold in the form of kits that require assembly ...

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Kappos to Propose "Three-Track" Patent Examination Process from

From the Wall Street Journal:
U.S. Patent and Trademark Office chief David Kappos is proposing a new three-track system for patent applications that would allow applicants to pay an undisclosed amount on top of ...

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Football and patents from

The World Cup in football/ soccer is almost upon us, and I've been having a look at patents related to the "beautiful game". The International Patent Classification provides a number of classes for...

(From ...

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Message to G-20 -- increase disclosure of intangibles in the financial system from

Tomorrow and Saturday, the Finance ministers of the G20 nations will meet in South Korea. This morning's Wall Street Journal blog Real Time Economics has the highlights of a pre-meeting interview with Treasury Secretary ...

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As WTO Reviews China, EU, US Criticise Its Policy On Innovation, IP Rights from

In the past two years, China has acted to improve the protection of intellectual property rights with a need for continuing effort, a World Trade Organization report has found, but the country came under criticism ...

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WSJ: Patent Office Considering Three-Track Patent Application System from

The Wall Street Journal is reporting that the PTO is proposing a three-track patent application system that would allow applicants to pay an increased fee to have their applications examined on a fast track.  The ...

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"The company wants a team player and an independent worker" from

It's June 2010, and with unemployment around 10%, there is plenty of internet advice on how to get a job. One that recently showed up is titled Why Do They Ask That in an ...

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Steven Koonin now DOE UnderSecretary was Chief Scientist for BP from

Various news entities are picking up on the fact that Steven E. Koonin, currently the Under Secretary of Energy for Science at the United States Department of Energy, was previously the Chief Scientist for BP ...

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USPTO Seeks Comment On New Patent Process from

The US Patent and Trademark Office is seeking comments on a proposed new patent examination initiative aimed at providing applicants with greater control over the speed with which their applications are examined and promoting greater ...

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Legal Process Offshore Outsourcing (LPO) and the Great Recession from

Evalueserve, a global research and analytics firm, conducted a study on the state of the Legal Process Offshore outsourcing (LPO) industry, forecasting the industry’s revenue and growth potential in its white paper titled “Legal ...

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From the Wall Street Journal: Possible New Fast Track Patent System from

                According to a Wall Street Journal article, a potential new fast track system for expedited examination of patents was proposed by David Kappos.  The new system would have three different tracks available to applicants.  One ...

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Ninth Circuit: Filing copyright application sufficient to bring suit under Section 411(a) from

In a decision last week, the Ninth Circuit held the filing of an application for registration with the copyright office is sufficient to meet the requirement that a copyright be "registered" before suit is brought ...

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USPTO proposes tiered system for patent application examination speed from

In a press release today, the USPTO has proposed a tiered examination system where applicants could choose to pay a higher fee in exchange for quicker examination of an application or could opt for a ...

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China, India To Raise Concerns At WTO About “TRIPS-Plus” Measures, ACTA from

China and India, two increasingly potent players on the global economic stage, next week plan to voice concerns at the World Trade Organization about efforts by developed countries to push poorer trading partners beyond their ...

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Reifen strife resolved from

Apart from the Coty Lancaster ruling of the European Court of Justice, there was another important trade mark case from the same court today -- but it seems to have been missed. It's Case C ...

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Google Hosts Bulk USPTO Patent Data from

The USPTO and Google have entered a two-year agreement to allow Google to provide bulk patent and trademark data to the public, according to a USPTO press release dated June 2.

The agreement requires Google ...

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PTO Director David Kappos’ Speech: The Innovation Economy from

The Innovation Economy:  Unleashing Intellectual Property to Fuel Growth and Create Jobs

Under Secretary Kappos

June 2, 2010

Thank you, Sarah, for that kind introduction.  I would like to thank the Center for American Progress ...

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European Trademark Law v The Truth? from

Michael John Long is an LLM Candidate advancing to the PhD at Osgoode Hall Law School Lord Justice Jacob, sitting for the England and Wales Court of Appeal, recently stated in his ruling that he ...

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Osenga: The PTOs Fast Track Takes Us in the Wrong Direction from

Professor Kristen Osenga (Richmond) has written a new essay for the Patently-O Patent Law Journal entitled The Patent Office's Fast Track Will Not Take Us in the Right Direction, 2010 Patently-O Patent L.J ...

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Plagiarism in Indianapolis from

WISH-TV reports on a plagiarism scandal at Hamilton Southeastern High School involving students who were in ACP classes that were given in conjunction with Indiana University [IU].

The rub as to students that were planning ...

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Served by Facebook 2 from

The press is reporting that a Federal Magistrate has allowed a child support application to be served on a “Mr Howard” by Facebook.

Following service, “Mr Howard” shut down his Facebook and MySpace accounts.

See ...

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Biotech/Pharma Docket from

By James DeGiulio -- Celgene, Barr Resolve Patent Dispute over Generic Thalomid Celgene Corp. and Barr Laboratories Inc. have resolved their patent dispute over the multiple myeloma cancer drug Thalomid, with Celgene agreeing to drop its ...

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