Patent & IP news for June 7, 2010

Patent Litigations



Patent & IP Blogs

post image Coexistence and the Omega saga from

Although reckoned by some to be a scholar, the IPKat has always had problems remembering which party is which in cases in which the warring faction have the same name. The Chancery Division (England and ...

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post image The US Supreme Court takes on Consumer Arbitration Issue from

In February 2002, Vincent and Liza Concepcion entered into a cellphone agreement with AT&T; Mobility. They had been attracted by AT&T;’s promotion of free cellphones when committing to a two-year contract. Then ...

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post image Indian "Bayh Dole" Amendments: A Historic Moment in Indian IP Policy Making from

Ch Unni of the Mint reports on a rather historic moment for IP policy making in this country.

Pursuant to the public outcry against the Indian Bayh Dole bill, a Parliamentary standing committee headed by ...

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post image Six Month Report of Patent Reexamination Requests, Significant Non-Compliance from

As detailed in our May 18, 2010 posting, non-compliant requests for patent reexamination have been increasing at the USPTO.  As the Office is now more closely scrutinizing the substance and procedural aspects of requests for ...

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post image Background, Foreground and Sideground IP; Whence, What and Why? from

There are certain provisions that are often used in licensing or technology transfer agreements, despite lacking any explicit stautory antecedent. One example that imediately comes to mind is the trio of "covenant not to sue ...

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post image Google Sued for Privacy Violation, Patent App Provides Clues from

On May 17, 2010, Google, Inc. was sued in the United States Federal District Court for the District of Oregon by Vicki Van Valin and Neil Mertz; the allegations asserting violation of Oregon, Washington and ...

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post image Broken Record, No Bilski for You Today from

Do you remember back in the day when music came from pointy abrasive means, sometimes referred to as a “needle”? It was placed on a rotatably spinning, substantially circular piece of vinyl with groves disposed ...

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post image Should I Get a Patent on My Invention? from

What Is a Patent?
A patent is a legal document. It does not give you the right to make your invention, only the right to prevent others from making, using or selling the invention without ...

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post image Monday miscellany from

If you are a junior IP lawyer, want to brush up your IP and fancy an idyllic setting for a few days, you could do worse than sign up for this summer's 10th Annual ...

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post image A Welcoming Home for Inventors from

Since my apartment is wonderfully cool again, I thought this week I’d focus on northern Europe rather than another island jurisdiction. A few readers had pointed out the tax benefits available to IP owners ...

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post image Director Kappos on Improving Patent Reexaminations from

USPTO Director David Kappos wrote yesterday, in his public USPTO blog, about how critical it is for his office to focus on improving the reexamination process.  He wrote:

All hyperbole aside, it is no stretch ...

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post image SpicyIP Tidbit: Yoga Asanas soon to be protected by the TKDL from

Our regular readers (from back in the day!) will remember Shamnad and Shwetasree blogging a series of posts on the "patenting" of Yoga asanas controversy.

While this report from HT suggested that the Government may ...

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post image ACTA: The Fact Controller speaks ... from

On Saturday the online Official Journal of the European Union carried the Opinion of the European Data Protection Supervisor (EDPS) on the current negotiations by the European Union of an Anti-Counterfeiting Trade Agreement (ACTA), which ...

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Baby Products Maker Seeks Patent Declaratory Judgment For Snack Catcher from

Los Angeles, CA – Baby products maker, Munchkin, Inc., wants the Court to rule that its Snack Catcher product does not infringe U.S. Patent No. 6,656,514 (“the ‘514 patent”). It also seeks declaratory ...

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USPTO Proposal to Establish Three Patent Processing Tracks. from

Per this press release at the USPTO last week.

USPTO Proposes to Establish Three Patent Processing Tracks

Initiative would provide applicants greater control over the speed of patent examination, reduce pendency and enhance work sharing ...

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Claim Construction Revised in Light of Plaintiff's Inconsistent Arguments During Reexam from

Defendants' motions to reconsider claim construction were granted. "The Court rejects [plaintiff's] arguments that this Court should ignore the arguments and remarks made to the USPTO during reexamination, particularly in light that its arguments ...

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Council Of Europe Wants In On ICANN Government Body from

The 47-member Council of Europe wants to become an observer in the governmental advisory body of the Internet Corporation for Assigned Names and Numbers (ICANN) and is pondering on a possible role as secretariat provider ...

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"Green channel" inventions from

The UK Intellectual Property Office has created a database for its first "Green Channel" patents. The Green Channel was a initiative in May 2009 by which applicants for "green" patents with...

(From Steve van Dulken ...

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Possible WHO-Industry Conflict On Pandemic Flu Under Investigation from

Global health authorities have been guilty of "grave shortcomings" in transparency and accountability to the public good in their handling of the pandemic influenza outbreak says a new draft resolution from the intergovernmental Council of ...

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USPTO and Google to Make Patent & Trademark Data Public from

Last week the United States Patent and Trademark Office announced that the Office entered into a no-cost, two-year agreement with Google to make bulk electronic patent and trademark public data available to the public in ...

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Motivation 101 from

Set aside 10 minutes and watch this video (animation) based upon a short lecture by Daniel Pink on “What Motivates Us.”  Great insight!

I added his book “Drive” to my list of books I recommend ...

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Capturing Intellectual Property – Kickstand Boise Idaho from

This month’s Kickstand meeting will cover “Capturing Intellectual Property,” via a presentation lead by Bill Meade and Bob Sesek of BasicIP, an intellectual property consulting firm.

For those of you in Boise, here are ...

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Jackson Labs Doesn’t Infringe After Patent Discloses But Does Not Claim Mouse from

The Jackson Laboratory, a biomedical research institution and repository for laboratory mice, won a summary judgment of no patent infringement against The Central Institute for Experimental Animals (CIEA). CIEA, a non-profit Japanese corporation that develops ...

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Kappos on Reexaminations from

David Kappos recently blogged about the importance of reexamination proceedings.  He acknowledges while there are plenty of "jobs locked up in [the] backlog," there are also "lots and lots of jobs riding on the patents ...

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Demystifying the European Validation Process from

Although many of our clients know granted European applications must be validated, a good number of them don't have a strong understanding of the grant and validation process.

For many applicants, especially those in ...

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Some Favorite Quotations from

As someone who prepares patent opinions and drafts patent applications, I find the following quotations to be right on point.  You might enjoy them, too. 

“The specification and claims of a patent, particularly if the ...

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Public Gets A Taste Of WIPO, Policy Debate On IP And Environment from

Dressed in casual weekend attire with white and blue “WIPO Staff” t-shirts, World Intellectual Property Organization personnel on 5 June gave explanations and guidance on intellectual property rights to the public, while a blimp-shaped balloon ...

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(All) Eyes on (Some) IP from

Recently, Google entered into a two–year agreement with the U.S. Patent and Trademark Office (USPTO) to make trademark and patent bulk data accessible online, free of cost. Google––which has faced significant criticism ...

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Marking Not Required for Notice in Process or Method Claims from

In Crown Packaging Technology, Inc. v.  Reexam Beverage Can Co. (March 17, 2009) the Federal Circuit reiterated that the notice provisions of §287 do not apply where the patent is directed to a process or ...

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Claim Construction Internal Consistency from

Haemonetics v. Baxter Healthcare (Fed. Cir. 2010)

This decision is important for its endorsement of the claim construction canon that the internal logic and grammar of an individual claim takes primacy over inter-claim consistency.

Baxter ...

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Open ended comprising excluded element from

Takeaway: In the recent decision In re Suitco (2009-14, Fed. Cir. 2010), the Federal Circuit found the BPAI's claim construction of a floor "finishing layer" to be unreasonably broad. The BPAI relied on the ...

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Dr. Corbin awarded 2010 Murray Philp Prize from

Dr. Ruth Corbin, Adjunct Professor at Osgoode Hall, and Managing Partner of CorbinPartners Inc., along with the Conference Board of Canada, have won the prestigious 2010 Murray Philp Prize for the project “Intellectual Property in ...

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In Wind Patent War, Mitsubishi Fires Back at GE with Antitrust and Patent Infringement Suits from

In previous posts (here, here and here) I’ve discussed GE’s wind power patent suits against its Japanese rival Mitsubishi. 

Mitsubishi struck back recently with a lawsuit of its own accusing GE of violating ...

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