Patent & IP news for August 5, 2010

Patent Litigations



Patent & IP Blogs

post image A sight for sore eyes? from

Readers with long memories and lawyers-turned-shelf-fillers will remember the IPKat's posts last year on a thoroughly respectable law firm making a bit of a spectacle of itself in the dispute between Specsavers International Healthcare ...

Share via E–mail | Twitter | Facebook

post image IPO Annual Meeting 2010 from

The Intellectual Property Owners Association Annual Meeting 2010 will kick off at the Hyatt Regency in Atlanta, September 12-14.  The conference includes educational programs, committee meetings and an exhibit floor for IP market players to ...

Share via E–mail | Twitter | Facebook

post image 'Attack Dog' buys infringed copyrights, then sues from

This little piece in yesterday's ABA Journal, "‘Attack Dog’ Group Buys Newspaper Copyrights, Sues 86 Websites", looks like good news for copyright litigation lawyers. In brief,
"... A Las Vegas start-up called Righthaven has purchased ...

Share via E–mail | Twitter | Facebook

post image Honda goes for Silver from

Sometimes IP litigants just effortless breeze into court and, hey presto, whatever problem they have instantly vanishes. Japanese motor vehicle manufacturer is not such a litigant. Indeed, Honda Motor Co Ltd and another v David ...

Share via E–mail | Twitter | Facebook

post image Judge Dyk’s View on the Patentability of Isolated Genes and DNA from

Yesterday, the Federal Circuit reversed and remanded an infringement suit based on errors in the district court’s claim construction and infringement analysis.  Intervet, Inc. v. Merial, Ltd.  One of the claims at issue in ...

Share via E–mail | Twitter | Facebook

post image Should we consider EPO and foreign rulings? The German position from

An article for International Law Office, "Patent court required to consider EPO decisions" by Nora Keßler (Klinkert Zindel Partner, Germany), published online last month, comments on a decision of the German Bundesgerichtshof (the civil Supreme ...

Share via E–mail | Twitter | Facebook

post image Pig Out from

Merial got a line on a virus infecting swine, and patented it: 6,368,601. Intervet developed a vaccine for treating the virus. Then Intervet filed a declaratory judgment action against Merial. The district court ...

Share via E–mail | Twitter | Facebook

post image Patent Trolling doesn't pay, or does it.... in the long term? from

An explosive tweet posted by compulsive innovator/investor Chris Dixon made the highlights of hip weblog TechCrunch last week and stirred a heated debate in the IP community. The co-founder of decision-making website Hunch found ...

Share via E–mail | Twitter | Facebook

post image Arguments in Patent Reexamination Trip Up Sigram Schindler from

As discussed last week, patent reexamination if often leveraged concurrent with district court litigation for strategic purposes. As district court pendencies continue to rise, even in districts known for relatively speedy resolutions, an early filed ...

Share via E–mail | Twitter | Facebook

post image Eben Moglen on Bilski, software patents, and big pharma from

This interview is part of a series following theSupreme Court's Bilski decision, which left the laws on what you can get a patent on largely as they are, after a four-justice minority failed ...

Share via E–mail | Twitter | Facebook

post image Moroccanoil Sues For Trademark Infringement Over Hair Care Products from

Los Angeles, CA – Moroccanoil manufactures “salon only” hair care products under its Moroccanioil®, “M Moroccanoil Design” and “Vertical Moroccanoil M Design” trademarks, which are all registered with the USPTO. Through its distribution arrangements Moroccanoil restricts ...

Share via E–mail | Twitter | Facebook

5 Free Ways to Monitor Your Trademark from

To maintain and increase protection for a trademark, the owner must guard against unauthorized use or infringement. Generally, the sooner such a situation is discovered the easier it is to resolve, and the less impact ...

Share via E–mail | Twitter | Facebook

The slippery Manager's Amendment to S. 515 from

Harry Reid did not buy into Leahy's "tricky maneuver" to tack on "patent reform" to the Small Business Loan Funding bill (H.R. 5297), in part because so many others were trying the same ...

Share via E–mail | Twitter | Facebook

Cheshire cat prior art? from

Within the post The plagiarism generation, one finds the text:

But it is true that writing in the digital age poses a lot of new questions. For instance, how do we use sources like Wikipedia ...

Share via E–mail | Twitter | Facebook

The Intangible Economy includes manufacturing from

Yesterday's posting talked about the renewed interest in manufacturing. This has been building for some time. At the end of last year, the Obama Administration released a "manufacturing framework" (see earlier posting). As I ...

Share via E–mail | Twitter | Facebook

Patent Litigation Alerts from

Over the past few weeks, I have been enjoying PriorSmart’s new “patent complaint alert” service.  Each day, I receive an e-mail listing the most recent patent litigation complaints filed in US courts.  I like ...

Share via E–mail | Twitter | Facebook

Infringement from

  • Commercial Embodiment:
  • Our case law does not contain a blanket prohibition against comparing the accused product to a commercial embodiment.
  • [W]hen a commercial product meets all of ...

Share via E–mail | Twitter | Facebook

Genus-Species; Doctrine of Equivalents; and Patentable Subject Matter from

Intervet Inc. v. Merial Limited (Fed. Cir. 2010)

In 2006, Intervet filed a complaint against Merial — asking the DC District Court for a declaratory judgment that Intervet’s Porcine Circovirus vaccine (PCV-2) did not infringe ...

Share via E–mail | Twitter | Facebook

BPAI rejects claim to ambiguous statutory class under indefiniteness rather than § 101 (Ex parte Miyata) from

TakeawayIn Ex parte Miyata, the Board rejected a Jepson style system claim under 112 § 2nd (indefiniteness). The Board paraphrased the claims as follows:
In a video camera system capable of [performing specified functions], the ...

Share via E–mail | Twitter | Facebook

Why Bilski Re-Affirms the Patent-Eligibility of Software from

Even a very conservative reading of the opinions indicates that the Justices intended to leave the status of software as patent-eligible subject matter unchanged, and for further refinements to be worked out by the lower ...

Share via E–mail | Twitter | Facebook

In discussing Rader recusal business, commenter "6" labels Patendocs a backwater from

Patently O discusses the recusal motion filed by the ACLU to preclude Judge Rader from hearing the Myriad case, with the nub being found in the text:

Notably, while attending a BIO meeting, Judge Rader ...

Share via E–mail | Twitter | Facebook

Using USPTO Public PAIR Part 2 from

Previously, I showed how to access USPTO PAIR to examine public records of a patent application’s prosecution as well as identify any related US patent documents. PAIR is an important part of any prior ...

Share via E–mail | Twitter | Facebook

On hiring an employee of your competitor from

The case involving Bimbo Bakeries (Thomas English muffins) and former exec BOTTICELLA illustrates an unhappy former employer going after a former employee who signed up with a competitor (here Hostess). But what about the competitor ...

Share via E–mail | Twitter | Facebook

GreenShift Adds Another Ethanol Patent Infringement Suit to the Mix from


A previous post discussed GreenShift Corporation’s (GreenShift) volley of recent patent suits against a host of ethanol producers across the midwestern United States. 

In those lawsuits GreenShift accused various ethanol producers of infringing U ...

Share via E–mail | Twitter | Facebook

Is Taco John’s Twittering Its Way Into Trademark Trouble? from

The Taco Tuesday Trademark
This week, Taco Johns took on a lot of heat in response to its attempts to stop Oklahoma-based restaurant Iguana Mexican Grill from using the trademark “Taco Tuesday.” In response, the ...

Share via E–mail | Twitter | Facebook

Venue Reform in Patent Litigation: To Transfer or Not to Transfer from

The following is an abstract from the above-titled article by Tsai-fang Chen, Legal Intern, Wisconsin Alumni Research Foundation published in the Wake Forest Intellectual Property Law Journal:

Issues of venue and forum shopping have always ...

Share via E–mail | Twitter | Facebook

Another Study Show Value of Patents from

The paper, R&D;, Invention and Economic Growth: An Empirical Analysis, by Professor Hulya Ulku shows that patents, per capita GDP, and spending on research and development are closely correlated.  Figure 2 of the paper ...

Share via E–mail | Twitter | Facebook

Intervet v. Merial Limited: Judge Dyk Offers His Views on Patent Eligibilty of Isolated DNA Sequences from

A dissenting opinion by Judge Dyk in Intervet v. Merial Limited, decided by the Federal Circuit on August 4, contains interesting ruminations on the patent eligibility of patent claims broadly reciting an isolated, naturally occurring ...

Share via E–mail | Twitter | Facebook

Charles Dickens at the Federal Circuit from

The other day in WebZero v. Clicvu, Judge Bryson characterized an argument as being akin to Charles Dickens’ character Wilkins Micawber:

As we have noted before, a party seeking further discovery under Rule 56(f ...

Share via E–mail | Twitter | Facebook

Prior Litigation-Induced Licenses of Patent-in-Suit Not Excluded From Evidence from

Defendant's motion in limine to preclude evidence regarding the 5 litigation licenses involving the patents-in-suit was denied. "The five litigation licenses in this case are consistent with the [plaintiff's] other nine non-litigation licenses ...

Share via E–mail | Twitter | Facebook

Post-Bilski Part II: electricity vs. communication signals — is there a patentable difference? from

A pre-weekend thought inspired by a recent post by Mike Madison of  In the recent Bilski v. Kappos decision, the U.S. Supreme Court held that business methods are patentable, stating that the ...

Share via E–mail | Twitter | Facebook

Eli Lilly Loses Method Patent After the Use Was Disclosed in an Earlier Patent from

Eli Lilly lost an appeal from a final judgment of the U.S. District Court for the Eastern District of Michigan, finding claims 2, 6, and 7 of U.S. Patent No. 5,464,826 ...

Share via E–mail | Twitter | Facebook

Some content © 2007–2014 RPX Corporation.
Terms of Service & Privacy Policy
For DMCA requests contact