Patent & IP news for August 18, 2010



Patent & IP Blogs

post image Wednesday whimsies from

It's getting on for five months since the Court of Justice of the European Union gave its ruling in Case C-278/08 Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmüller GmbH v Günter Guni ...

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post image Open Question to David Kappos & Trademark Community from

Why does the Trademark Office compel trademark applicants to select from the “Trademark Acceptable Identification of Goods and Services?” When I filed trademarks for my clients ten years ago there was no push to get ...

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post image Paying for music video broadcasts: back to the Tribunal from

Still catching up on some earlier decisions, the IPKat is pleased to make mention of CSC Media Group Ltd v Video Performance Ltd [2010] EWHC 2094 (Ch), a Chancery Division for England and Wales decision ...

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post image Changing Your Name Is Not Enough to Escape Your Internet Past from

The Automatic Name Change
Google CEO Eric Schmidt recently suggested to the Wall Street Journal that, in the future, young people may be given the opportunity to automatically change their names. Schmidt opines that for ...

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post image From Preclusion to Conclusion: Paice and Toyota Settle Hybrid Vehicle Patent Suits from

After six years of legal wrangling in U.S. courts and the International Trade Commission (ITC) over hybrid vehicle patents, Paice and Toyota recently announced that they have settled their disputes.

Although the terms of ...

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post image Estoppel by Inaction, BPAI Forecloses Argument in Patent Reexamination from

Silence in Original Prosecution History Used Against Patent Owner

As discussed previously, prosecution history is applied inconsistently in patent reexamination claim interpretation analysis. In applying a plain meaning analysis to claim language, prosecution history is ...

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post image It never Waynes but it Scores from

Totally embarrassed to have taken his eye off the ball, the IPKat realises that he hasn't said a single word about Proactive Sports Management Ltd v Wayne Rooney, Coleen Rooney, Stoneygate 48 Ltd and ...

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Chief Judge Rader's Views on Patentable Subject Matter - Part I from

By Tim Peterson -- The Federal Circuit will soon be addressing the issue of patentable subject matter as it relates to biotechnology patents in a trilogy of cases: Prometheus Laboratories, Inc. v. Mayo Collaborative Services, Classen ...

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Silicon Labs Files Patent Infringement Suit Against Airoha Technology from

The following is excerpted from an August 17, 2010 item found

Silicon Laboratories Inc. (Nasdaq: SLAB) today announced the filing of a patent infringement lawsuit against Airoha Technology Corporation, a Taiwan-based IC ...

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Litigation Misconduct and Willful Infringement Warrant Enhanced Damages and Attorneys' Fees Award from

Plaintiffs' motion to declare the case exceptional was granted where the jury found willful infringement; defendant "blatantly failed to comply" with the court's order and local rules by withholding an opinion of counsel memo ...

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SpicyIP Tidbits: Prime Minister Gives Green Signal to National Innovation Council from

Just after Independence Day, on 16th August 2010, Prime Minister Manmohan Singh gave a green signal for setting up a National Innovation Council to prepare a road map for the 'Decade of Innovation 2010-2020'. Satyanarayan ...

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Fish furthers plagiarism excuses? from

Stanley Fish evidently got some feedback on his recent post on plagiarism. In a followup, Fish talks about a context-based approach:

The genre requirements of other kinds of writing are less strict. David Chowes asks ...

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Jointly developing green from

Here is an perfect example of the new innovation ecosystem of the I-Cubed Economy -- from the Wall Street Journal "GM Plans High-Tech Engines With China Partner":

General Motors Co. will team up with its Chinese ...

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University Patents on FreePatentsOnline from

With college football season coming up, it’s time to reminisce about the good ol’ days of attending game day on Saturday. Despite the fact that my university didn’t have a football team (Lawrence ...

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CAFC: Overseas Contract Requiring Delivery and Performance in the U.S. Constitutes a "Sale" under Section 271(a) from

Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA Inc., No. 2009-1556 (August 18, 2010)

Transocean sued Maersk on patents relating to an improved apparatus for conducting offshore drilling.  The lower court granted summary judgment ...

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They Invented What? (No. 180) from

U.S. Pat. No. 7,246,802:  Towable bag.


The invention claimed is:

1. A towable bag comprising: a body having at least one wheel, a first tow bar comprising a plurality of articulated sections ...

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Examiners Ignore Applicant-Submitted Prior Art from

Professors Mark Lemley, Chris Cotropia, and Bhaven Sampat recently released a draft of their new article titled “Do Applicant Patent Citations Matter? Implications for the Presumption of Validity.” [Download Here.]

For the article, the trio ...

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As Part of Settlement Agreement, False Marking Defendant gets a Free Pass on all Future Allegations of False Marking from

From the “Order on Stipulated Dismissal”

“The Court hereby HOLDS and ORDERS that any future litigation brought under35 U.S.C. §292 or any other statute related to false marking or false advertising on
behalf ...

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Oral Argument — Golden Hour Data Systems, Inc. v. EMSCHARTS, Inc. et al. from

Last week, the Federal Circuit issued its opinion in Golden Hour Data Systems, Inc. v. EMSCHARTS, Inc. et al., 2009-1306 (Fed. Cir. Aug. 9, 2010).  The main issue in the case concerned alleged inequitable conduct ...

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Fox News Sunday Discusses Patent Stimulus to Create Jobs from

This past Sunday there was a brief but very interesting segment on Fox New Sunday that actually discussed the plight of the United States Patent and Trademark Office and how the enormous backlog of inventions ...

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