Patent & IP news for June 11, 2010

Patent Litigations



Patent & IP Blogs

post image The Branding Wars in Smart Phones. from

The media-hyped recent coverage of Steve Jobs, as he discussed the bells and whistles that adorn the 4g iPhone, stands in stark contrast to a sombre article that appeared on on 12 May ...

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post image Stanley from

Though I'm a lifelong fan of the Detroit Red Wings, I'm sure I will get some chills looking down and seeing the Stanley Cup parade past my office building in about an hour ...

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post image IPO Honors Judge Michel and Dupont Inventors at Smithsonian from

David Kappos and Hon. Paul Michel (ret.)

Last night the Intellectual Property Owners honored Judge Paul Michel, the recently retired Chief Judge of the United States Court of Appeals for the Federal Circuit, with the ...

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post image When Can a Digital File be a "Product" under Section 271(g)? from

Yangaroo v. Destiny Media Tech (E.D. Wisc. 2010)

In an interesting trans-national infringement case, Judge Griesbach awarded summary judgment of non-infringement in favor of the accused infringer. The court held that the Canadian-based defendant ...

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post image The Power of Branding Through Catchy Advertising from

FedEx Office... but I digress...

Good Morning.  But I digress”  Does that ring any bells?  Those of you who follow me, know that I enjoy writing about fun television advertising campaigns.  My favorite has always ...

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post image Closure from

Advanced Magnetic Closures ("AMC") sued Rome Fastener ("Romag") for clasping 5,572,773, claiming "a magnetic snap fastener commonly used in women's handbags." Undisputed claim construction showed asserted "claim 1 only covers fasteners with ...

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post image What's Behind the Shuffle in the Indian Trade Mark Office? from

Trade mark admiministration is not usually the purview of high political intrigue. I guess the last time that I thought about Len Deighton (of The Ipcress File fame) and trade mark offices in the same ...

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2003 Designs Act appeal from

The Full Federal Court (Emmett, Besanko and Jessup J) has dismissed Elecspess’ appeal from Gordon J’s ruling that it had infringed LED Technologies’ registered design for combination LED lights used as rear lights for ...

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Patent Pools as Innovation Policy from

A few days ago marked the final step in the establishment of UNITAID initiated patent pool, with negotiations with drug companies expected to start soon. This got me thinking about the viability of patent pools ...

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"What shape will it finally take?" from

Note that the discussion Patent Reform 2010: What Shape Will It Finally Take? at the Newseum in DC happens on 15 June 2010.

Speakers include:

The Honorable Paul Michel, Federal Circuit Chief Judge (retired)
Congressman ...

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TPAC update from

A brief update on the workings of of TPAC (Trademark Public Advisory Committee:

  • A transcript of the May 2010 meeting has been posted by the USPTO here (large PDF file) and below.
  • The next public ...

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Re-examination Ordered on "Expired" Harvard Oncomouse Patent from

By Kevin E. Noonan -- On Monday, the U.S. Patent and Trademark Office granted an ex parte re-examination request for U.S. Patent No. 5,925,803, the latest-filed and last-granted member of the Harvard ...

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FIFA, Vuvuzelas And Facebook: The Global Trophy Of IP Protection from

In the run-up to the Fédération Internationale de Football Association (FIFA) World Cup in South Africa, sometimes described as the biggest marketing event in the world, there have been a number of instances where FIFA ...

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False Marking Case Update from

Yesterday, the Federal Circuit affirmed the grant of summary judgment of no liability for false marking in Pequignot v. Solo Cup.  I had previously discussed the district court proceedings in this case last year.

The ...

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Godot; Guffman; Bilski: USPTO Postpones Business Methods Meeting from

Seems like we're not the only ones waiting for a decision. This morning I received the following e-mail from Jeff Smith, a supervisory examiner in the 3600 TC and coordinator of the annual Business ...

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Pump up your search with better sources from

If you’re familiar with our in-depth Reports, you know that Intellogist contains lots of resources related to general patent searching tools.  However, I was reminded recently that the site can also be a resource ...

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Federal Circuit: Defendant may defeat false patent marking claim by showing no intent to deceive from

As noted in a previous post, it is a common practice for companies to mark a patented product with the applicable patent number.  Patent marking provides several benefits, of which the most notable is the ...

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Open innovation and the oil spill from

A little known part of the government's response to the Gulf oil spill is to tap into the wider scientific and technical community for suggestions on its Deepwater Horizon Response website. According to the ...

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The Biosimilars Pathway: An Invitation To Litigation from

Lynn C. Tyler writes: The litigation provisions of the recently-enacted legislation establishing a pathway to bring biosimilars to market contain “patent” ambiguities in key areas, particularly whether the various lists of patents to be litigated ...

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What's Your Poison? from

Actor Dan Ackroyd's latest venture into the wine/spirits market has run afoul of Ontario bureaucrats. The Liquor Control Board of Ontario (LCBO) has refused to sell Ackroyd's Crystal Head brand vodka at ...

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Judge Ward to Plaintiff: Accept $51Million Remittitur or Face New Trial on Damages from

The court granted defendant's motion for a new trial on damages or for remittitur because the jury’s $57 million award was based on the entire market value rule and plaintiff failed to offer ...

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Bill C-32: Improving Global Access to Copyrighted Material for the Print Disabled from

Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Bill C-32, Canada’s attempt at updating the Copyright Act, has received much attention in the digital space ...

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A Deeply–Discounted Verdict from

July 6, 2009 was an excellent day for LaserDynamics, Inc., when a Marshall, Texas jury awarded the company $52 million dollars against Quanta Computer, Inc. With an additional $5 million and change tacked on in ...

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New Patent Examination Standards for Pharmaceutical Patents in Japan from

The following is excerpted from the June 2010 "Doing Business in Japan: 2010 Update:"

The Japan Patent Office recently revised its examination standards in order to broaden the scope of registrable medical patents. These new ...

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