Patent & IP news for July 14, 2010

Patent Litigations



Patent & IP Blogs

post image The Branding Summer of our Content and Discontent from

The recent whirl of sporting events that have riveted fandom worldwide--the World Cup, Wimbledon and the Tour de France--have enough drama and diversity for anyone interested in viewing sports competitions. Even if you are not ...

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post image Wednesday whimsies from

This striking image was taken at the reception held earlier this month at London's latest novelty venue, The Gherkin, to celebrate the centenary of London-based IP practice Mathys & Squire. Following high-powered presentations and comments ...

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post image Lady Gaga Protects Her Trademark and Sues Knockoff Merchandisers from

Lady Gaga started her 2010 “Monster Ball” tour with a pre-emptive trademark infringement lawsuit. In the past, non-licensed merchandise vendors were tolerated outside large concerts, so long as they didn’t interfere too much with ...

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post image The Long and "Short" of Derivatives in Box-Offce Receipts from

Back in May, I published a post entitled "From Bonds to Bond?" here, in which I discussed the pros and cons of creating a futures exchange to trade derivatives based on box-office take. The motivation ...

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post image Tidbit from

Congress is a cesspool of corruption, offering its members a variety of tricks to feather their own nests, and pay back those cronies who help finance the con job commonly called democracy. One legislative sleight ...

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post image The Patent System And Its Problem Of Scaling from

There are myths about patents on computer-implemented inventions a.k.a. software patents which won't ever die.

One of them is the allegation that patents are a tool to steal a software developer / programmer ...

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post image Seal-a-Fridge: even franchising has its limits from

One of the best ways of generating quality earnings from a trade mark is by licensing its use under a business format franchise. In theory, once the business formula is tried and tested, the franchise ...

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post image 35 USC 101 | Patent Prosecution after Bilski v. Kappos from

Until further guidance is provided by the Federal Circuit (or Congress), it is not clear what is required for a claim to pass the threshold patent eligibility inquiry of 35 USC 101 (and not ...

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post image New referral to the EBO: until when can a correction under Rule 140 be requested? from

A new referral is pending before the EBO (G 1/10). It concerns a procedural question regarding the timing of a request for correction under Rule 140 (old Rule 89).

The facts of the case ...

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post image Advanced Magnetic Closures v. Rome Fastener from

By Jason Rantanen

Early this week, I wrote about Leviton, former Chief Judge Michel's last opinion on inequitable conduct before leaving the bench.  Advanced Magnetic Closures brings another perspective on the issue - this time ...

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ProQuest Dialog Announced from

After much anticipation, ProQuest LLC has announced ProQuest Dialog for “Summer 2010″ completing the merging of the Dialog and DataStar product lines. ProQuest Dialog is the successor to the numerous Dialog literature search systems such ...

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Tip: Avoiding trademark and domain name scams from

Once a trademark application is filed with the USPTO, the information – including the owner’s contact information – is public record and easily found online. Unfortunately, several companies mine the public data and send out what ...

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Disposing of chewing gum on pavements from

Most people hate the way dropped chewing gum forms yucky stains on pavements. Now a British company has come up with a way to stop it. Traditionally, innovation has concentrated on cleaning methods,...

(From Steve ...

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Patent Trolls: A Conspiratorial Story of Symbiosis from

On Friday, July 9, 2010, Garmin International Inc., a unit of Garmin Ltd. (NASDAQ: GRMN), issued a press release touting the fact that they had managed to win a Motion for Summary Judgment in the ...

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When innovation is marketing based from

IPBiz noted in December 2007:

Innovation is not a subset of invention, as invention is defined by the USPTO. One can have "innovation" without having a patentable invention. Once one recognizes that, one can begins ...

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Intro to Short Term Patents from

It would make sense that not all patents require the same duration of protection. Certain areas of technology may only be useful for short periods of time and the applicant may only be interested in ...

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ACTA In Secret Reading Room For EU Parliament from

Members of the European Parliament will be able to read the current draft of the much-debated Anti-Counterfeiting Trade Agreement (ACTA) in the “secret reading room” for the Parliament, Green Party Member Jan Philipp Albrecht told ...

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Suspension of compulsory execution: a shift in German practice? from

In a recent article, "Suspension of compulsory execution as relief from patent injunctions", German patent litigation lawyer Philipp Ess explains how, for defendants in most patent infringement proceedings, the threat of an injunction halting production ...

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National Advisory Council on Innovation and Entrepreneurship from

Yesterday, Commerce Secretary Locke announced the membership of his new National Advisory Council on Innovation and Entrepreneurship. This Council is part of the Secretary's Office of Entrepreneurship and Innovation (see earlier posting).

I welcome ...

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California's Trade Secret Disclosure Statute Doesn't Apply in Federal Court - or Maybe it Does from

It's been a little while since I have posted on matters relating to the IP ADR Blog, but perhaps I can start with California’s special take on trade secrets, one of my favorite ...

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They Invented What? (No. 176) from

U.S. Pat. No. 4,170,357:  Golf club.

I claim:

1. In an athletic club having a shaft portion extending between a handle portion and a head portion which includes a ball-striking face, the ...

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Investing in Start-ups Less Risky Than Stock Market? from

Stock trader, Howard Lindzon, believes that it is less risky to invest in start-up companies than the stock market.  He made this stunning statement in an interview on Tech Ticker (please see the full interview ...

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Alleged New ACTA Draft Leaked from

The latest text of the Anti-Counterfeiting Trade Agreement (ACTA) reflecting the late June – early July negotiations in Lucerne, Switzerland has allegedly been leaked, just after being placed in a secret reading room for the European ...

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The meaning of “coupled to” in a patent claim from

The Federal Circuit panel in Atser Research Technologies, Inc. v. Raba-Kistner Consultants, Inc., 2010-1088 (Fed. Cir. July 8, 2010) had an opportunity to explore the meaning of “coupled to” in the oral argument of that ...

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Examining Patent Examination from

In the article Examining Patent Examination, 2010 Stan. Tech. L. Rev. 2, Lemley and Sampat give acknowledgements:

We thank Patrick Crosby at for assistance in obtaining the data used in our analyses and ...

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Amicus Brief - Therasense v. Becton Dickinson from

The Federal Circuit Court of Appeals requested rehearing onhow the inequitable conduct defense should be handled in patent infringement cases. Theamicus briefof the University of Kentucky Intellectual Property Law Society filed by ...

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