Patent & IP news for July 19, 2010

Patent Litigations



Patent & IP Blogs

post image This bunny (litigation) never dies from

The dispute between Lindt and their competitor Riegelein in Germany goes in the n-th round after the Bundesgerichtshof just overturned a decision by the Oberlandesgericht Frankfurt which did not find any likelihood of confusion between ...

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post image New German court to try chocolate rabbit disputes from

While felines usually take pride of place on this weblog, and indeed most other places when the chance is there, it must be concluded that today was unquestionably Rabbit Day. One IPKat team member swiftly ...

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post image Iowa Outlaws Texting While Driving from

Iowa lawmakers have joined twenty-eight other state legislatures and the District of Columbia in outlawing texting while driving. Iowa Code Section 321.276 now makes it illegal to use a hand-held electronic communication device to ...

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post image Sabip from

Before anyone else excitedly emails the IPKat to tell him, let him announce on this weblog of record that the new UK Business Secretary Vince Cable has today axed a number of Department for Business ...

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post image Plaintiffs Begin Appellate Fight Over Gene Patents from

As expected, Myriad has appealed the ruling by Judge Sweet that its patents on isolated genes and associated methods were invalid as not directed to patentable subject matter.  IPLaw360 (subscription service) is now reporting that ...

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post image Insecure from

Paradox Security Systems sued ADT and other home security companies for infringing RE39,406, which claims a telephone line coupler circuit. Paradox's expert was waylaid by defendants for not explaining how the accused products ...

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post image Job Growth Due to Start-Ups from

A study by the Kauffman Foundation shows that all net job growth is due to Start-Ups.

Between 1977 and 2005, existing firms are net job destroyers, losing 1 million jobs net combined per year. By ...

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post image Monday miscellany from

Around the blogs. There are still three days to vote in the "What content do you want to read in the PatLit weblog?" poll. Click here for details. And a big thanks to those who ...

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post image Patenting by Entrepreneurs: The Berkeley Patent Survey (Part I of III) from

Guest Post by Robert Merges and Pamela Samuelson, UC Berkeley School of Law; Ted Sichelman, University of San Diego School of Law

Why do entrepreneurs and startup companies file for patents? Why not? How often ...

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post image Car Manufacturers Sued For Infringing Patent On Combustion Engine from

Santa Ana, CA – Kruse Technology has filed a patent infringement suit against Defendants Daimler AG; Mercedes-Benz USA, LLC; Detroit Diesel Corporation; Freightliner Corporation; Western Star Truck Sales, Inc.; Volkswagen AG; Volkswagen Group of America, Inc ...

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Patent appeals that you can afford from

Oxford University Press is having its Summer Sale of law books -- 134 titles are on offer, at very generous discounts. One of these books is of interest to patent litigators, US ones at any rate ...

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Times commentary on plagiarizsm from

The New York Times presented some letters in response to the earlier "editorial observer" piece on student plagiarism, titled “Cutting and Pasting: A Senior Thesis by (Insert Name)."

The first, by one Michael Hadjiargyrou , seemed ...

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Alex Severinsky vs. Toyota Prius at the ITC from

On July 18, 2010, BusinessWeek ran a Bloomberg story titled Toyota Prius Success Runs Into Soviet Emigrant’s Patent Claim about the saga of Severinsky fighting Toyota, which included the text:

Severinsky, 65, has spent ...

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World Conference Campaigns For International Focus, Funding and Research For HIV from

The 18th International AIDS conference opened its doors in Vienna on Sunday with a purpose of keeping the HIV issue high among international priorities in the context of a global economic crisis, and to promote ...

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How Effective is That Published Application as Prior Art? from

Once a U.S. patent application is published, it can be cited as prior art as of its filing date, under 35 USC § 102(e). The Federal Circuit's recent decision in In re Giacomini ...

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Senate COMPETES Act reauthorization bill - the good and the disappointing from

Friday, Senator Rockefeller (Chair of the Senate Commerce Committee) released a staff draft of the Senate version of the America COMPETES reauthorization. In many ways the draft Senate bill tracks the bill passed by the ...

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Agencies Talk Cooperation On Medicines Access; Stakeholders Cautious from

Key international agencies for health, trade and intellectual property on Friday jointly organised a symposium on access to medicines in an effort to gather information and expertise as a basis of a collaborative response to ...

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Twombly and Iqbal Have No Application to Pleading Affirmative Defenses from

Plaintiffs' motion to strike defendants invalidity and equitable affirmative defenses was denied as moot because the court granted plaintiffs leave to file an amended complaint. However, the court provided "guidance" for any future motion challenging ...

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M•CAM Releases Report on XPRT v. eBay, et al. from

Every Friday, M•CAM, Inc. releases a report, Patently Obvious(TM), in an effort to bring to light information about individual patents not expressly made available to the public.  Among other things, this report includes ...

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Invention: salad spinner into blood centrifuge from


Rice University undergraduates Lila Kerr and Lauren Theis were presented with an assignment in their Introduction to Bioengineering and World Health class. As Theis explains:

"We were essentially told we need to ...

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Wall Street Journal Profiles Medical Marijuana, but not Important USPTO Issues from

Earlier today the Wall Street Journal gave front page space to a story relating to the United States Patent and Trademark Office.  Widely regarded as one of the “papers of record” in the United States ...

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Expert ineffective in Paradox case from

The CAFC affirmed ED Texas in Paradox v. ADT.

**Ineffective expert report-->

Paradox argues that it is “axiomatic” that any signal
must have a source and that, accordingly, a DC bias
source must be coupled ...

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