Patent & IP news for June 10, 2010

Patent Litigations



Patent & IP Blogs

post image Friday fantasies from

Please, PLEASE check the IPKat's side bar for news of forthcoming events -- it's a pity to miss that once-in-a-lifetime seminar or conference opportunity simply because it slipped beneath your radar. The Forthcoming Events ...

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post image Fractured from

TriMed sued Stryker in 2006 for infringing 5,931,839, which claims "an implantable device used to set bone fractures." The district court granted summary judgment of noninfringement. Appeal reversed and remanded for an incorrect ...

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post image Federal Circuit Affirms Finding of No False Marking in Solo Cup Case from

Pequignot v. Solo Cup Co. (Fed. Cir. Jun. 10, 2010)

In this false marking case, the Federal Circuit found that Solo Cup lacked intent to deceive the public and therefore affirmed the trial court's ...

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post image Eroding IP Exhaustion Through Conditional Sales? from

Prashant's persuasive critique of a recent Delhi High Court judgment dealing with principles of exhaustion was a delight to read. I want to focus on one issue that this case throws up:

Can an ...

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post image Brand Identity: Protecting Against Negative Good Will from

For some companies the only thing they have that distinguishes them from their competition are trademarks. Every company, regardless of size, from mom & pop all the way to Coca Cola, have trademark assets that can ...

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post image BBC turns yoga patent facts "on their head" from

A press release from the Chartered Institute of Patent Attorneys (CIPA), issued today, states that claims that yoga positions "are being patented" are misleading. The organisation accuses the BBC of "turning the facts about yoga ...

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post image Former Chief Patent Execs Speak Out from

Defining Performance: No Simple Matter

Former heads of intellectual property at Apple, IBM, H-P and Microsoft agree that using patents successfully is more elusive than many business executives and investors think.

In my latest Intangible ...

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post image "Green grow the patents, Oh" from

The IPKat is grateful to his distinguished friend Richard Gallafent for drawing his attention to the fact that a link to the UK Intellectual Property Office's "green patent database" has now been posted, here ...

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post image Sometimes Confirmed Claims in Patent Reexamination Equal Defeat from

In ex parte reexamination, the percentage of reexaminations concluded with all claims confirmed is roughly 24% based upon USPTO statistics. Confirmation of original claims in patent reexamination (i.e., allowance without amendment) is highly desirable ...

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CAFC Sets Date for Oral Argument En Banc in Inequitable Conduct Appeal from

By Donald Zuhn -- Last week, the Court of Appeals for the Federal Circuit issued an order setting a date for oral argument en banc in Therasense, Inc. v. Becton, Dickinson & Co. The order indicates that ...

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The patents for Subbuteo® from

With the World Cup almost upon us, here is my final posting on football as reflected in patents and other intellectual property. Although it is now considered old-fashioned, the game of Subbuteo® was...

(From Steve ...

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Pharma Industry To Publish Clinical Trial Results from

Leading pharmaceutical industry groups announced today adoption of an agreement to submit for journal publication all results of late-stage clinical trials whether the outcomes were positive or negative. The International Federation of Pharmaceutical Manufacturers and ...

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WHO Spins New Defence Of Its Swine Flu Response from

The World Health Organization today issued a briefing note attempting to offer a detailed explanation of its actions in relation to the 2009 H1N1 “swine” flu pandemic, amid charges that it overstated the problem to ...

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$4.8 Million Attorneys' Fee Award Designed to Reimburse not Punish from

The court granted defendant's motion to declare the case exceptional warranting an award of $4.8 Million in attorneys' fees based on plaintiff's inequitable conduct even though another court had already ordered plaintiff ...

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Jon Dudas New President of FIRST -- the Youth Robotics Leader from

Former PTO Director Jon Dudas has taken an interesting new job as President of the non-profit organization FIRST (For Inspiration and Recognition of Science and Technology) ( FIRST was originally founded by Dean ...

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Judge Shadur issues order of Biblical Proportions from

Defendant's motion in limine to preclude "statements that mislead or confuse the jury into believing the mere manufacture, sale, offer for sale and/or importation of accused products, by itself, is an infringement of ...

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April trade in intangibles - and more 2009 revisions from

Today's BEA's release of the April trade data is sure to complicate a confusing economic picture. While last month's employment numbers were disappointing, yesterday's survey of economic conditions from the Fed ...

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Update on the TiVo Litigation: Two of TiVo's Claims Struck Down upon Reexamination from

TiVo has recently gotten two of their claims struck down by the PTO during reexamination.  The rejection was made on obviousness grounds.  Most importantly, the two claims struck down were the two claims that the ...

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Health Waiver, IP Enforcement Discussed At Lively WTO TRIPS Council Meeting from

After two days of lively discussion, members of a World Trade Organization committee this week agreed to devote a day in October to an in-depth discussion on a waiver to WTO intellectual property rules aimed ...

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Qui Tam Marking Suits Continue from

Under "New Patent Litigations" on PriorSmart today were several new qui tam marking cases recently filed by the same plaintiff against some notable companies.  Links to the PriorSmart page with a portion of the complaint ...

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PTO Teams with Google on Database from

The following is excerpted from a June 2, 2010articleby Juliana Gruenwald, CongressDaily, appearing at nextgov:

The Patent and Trademark Office announced today it has reached a two-year "no-cost" agreement with Google to make ...

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They Invented What? (No. 171) from

U.S. Pat. No. 6,699,094:  Toy figurine flashlight.


Having thus described the invention, what is claimed as new and desired to be secured by Letters Patent is as follows:

1. A toy figurine ...

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False Marking: Solo Cup Properly Rebutted Presumption of Intent to Deceive from

Pequignot v. Solo Cup (Fed. Cir. 2010)

Over the past year, hundreds of companies have been sued for false patent marking. The qui-tam style statute creates a cause of action against manufacturer who, with intent ...

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Federal courts are courts of limited jurisdiction from

The Court of Appeals for the Federal Circuit hears cases OTHER THAN patent cases.
The fact pattern of a recent case included the following:

On June 9, 2006, Officer Morris was discovered using
a vacant ...

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Judge using "common sense" shorthand bounced by CAFC from

In an obviousness determination:

the inquiry of whether the improvement is more than the
predictable use of prior art elements according to their
established functions.” (...) is factual
in nature.

The CAFC noted:

Answering this question ...

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Bill C-32: Copyright Schism – Bill C-32’s Digital Lock Problem from

Steven Zuccarelli is a 2012 JD Candidate at Osgoode Hall Law School The recently introduced Copyright Modernization Act (Bill C-32) has been under a microscope for over a week now, and its impact on users ...

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Copyright Licensing: Online Streaming of Television Shows from

I've noticed that my television viewing hours have drastically reduced off late and this triggered off a question in my mind - Has television become obsolete or has its content merely shifted to a new ...

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The EU Patent and the Treaty on the Functioning of the European Union - TFEU from

At last some transparency has come into the quarrels over the question as to whether or not the proposals for creating a European and Community Patents Court (PC) having jurisdiction not only over EU Patents ...

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Valuation of Intellectual Property: Moving Beyond the Paradox from

Intellectual Property (IP) valuation is easily one of the most misunderstood topics surrounding the management of intangible assets. Over the last 20 years we have seen the migration of IP valuation from being a tool ...

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Solo Cup: Product "covered by a now-expired patent is 'unpatented.'" from

The Pequignot v. Solo Cup Co. (Fed. Cir. Jun. 10, 2010) decision was published today and here are a couple of interesting articles discussing it:

Federal Circuit Affirms Finding of No False Marking in Solo ...

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Old Bridge, NJ woman in news from

Donna Simpson of Old Bridge, New Jersey makes money on a web site that pays her to upload video clips of her eating. In fact, according to tvnz, she earns between $3,000-4500 a month ...

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Oh, no, Stanford accepted Adam Wheeler! from

According to Fox News: After being kicked out of Harvard last fall for his alleged fraud, the 23-year-old applied to and was accepted to Stanford University for the 2010-2011 school year, reported Wednesday ...

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GM backtracks on Chevy memo: "poorly worded" from

Recognizing that the word "Chevy" had acquired meaning as a source-identifier and a following among consumers, GM reversed course on a strategy in an internal memo to minimize use of "Chevy." The New York Times ...

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Divided Infringement and Contract Illegality from

If any law student out there is looking for a note topic, divided infringement and contract illegality might make for an interesting topic.  Namely, to the extent that a party argues that a contract obligates ...

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India Slams ACTA at TRIPS Council: Addresses Specific Concerns from

A few days ago, we reported that India and China were going to take a brazen stand at the WTO TRIPS Council meeting, confronting several issues that emerged in relation to the Anti-Counterfeiting Trade Agreement ...

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Biotech/Pharma Docket from

By James DeGiulio -- Endo Settles with Impax and Sandoz in Opana Patent Suits Endo Pharmaceuticals Inc. has settled patent infringement suits against Sandoz Inc. and Impax Laboratories Inc. over generic versions of painkiller Opana ER ...

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What If One of the Inventors Won’t Sign the Patent Application? from

The oath or declaration required to be submitted with a patent application must identify each inventor by full name (37 CFR §1.63). Anyone who contributes to the conception of the claimed invention qualifies as ...

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