Patent & IP news for August 24, 2010

Patent Litigations



Patent & IP Blogs

post image Attorney Versus Agent from

As a continuation of the previous posts on patent attorney demographics, I looked at the status of registered US patent practitioners.  As the chart above demonstrates, more recently registered practitioners are less likely to be ...

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post image British customs attract international attention from

Members of the International Trademark Association (INTA) receive, as part of their membership, a subscription to The Trademark Reporter. This Kat -- a long-standing member of the INTA himself -- is among those who, possibly unfairly, suspect ...

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post image Recent Trademark Registrations from

Here is another sampling of recent registrations our clients have received from the USPTO, so readers can see real examples of brands and marks which are being protected:

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post image Dilution is in decline, suggests empirical study from

The IPKat's effervescent friend Paul J. Heald (University of Georgia Law School) just informed him that his latest piece of research, co-authored with Robert Brauneis (George Washington University Law School), is now available for ...

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post image Prepaid Telephone Card: Germany reaches out to foreign infringing acts from

An excellent note, "The “Prepaid Telephone Card” Decision of the Higher Regional Court Düsseldorf", by Felix T. Rödiger and Nina Malzhacker, was published earlier this month by leading patent practice Bird & Bird here. The note ...

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post image Sun in August? Summery but not so summary from

Readers may remember this dispute as Sun Microsystems Inc v M-Tech Data Ltd and another (noted by the IPKat here), but it has resurfaced today -- at a time when Court of Appeal judges should be ...

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Injurious falsehood and also passing off from

The tort of injurious falsehood (sometimes called malicious falsehood or even trade libel) has been largely superseded (but not totally extinguished) by passing off and the modern wrongs against misleading or deceptive conduct. In a ...

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VC are trying to leverage up and create an exit strategy from

Of proposed IPOs by PetroAlgae and Gevo, BlueFire CEO Arnold Klann is quoted in Biofuels Digest:

“Its not what it cracked up to be,” he joked about being a public company CEO. “They’re trying ...

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Employees Hold the Key to Innovation from

Here is a tidbit from two management experts writing in yesterday's Wall Street Journal - Employees Hold the Key to Innovation:

Most great ideas for enhancing corporate growth and profits aren't discovered in the ...

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Steps Performed by Software on Mobile Device Owned by Subscriber but Provided by Defendant are Attributable to Defendant from

In denying defendants' motion for summary judgment of noninfringement as to plaintiff's wireless messaging patents the court rejected defendants' argument that steps performed by software embedded in a mobile device are performed by the ...

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Section 3(d): A Positive Twist in the Tale? from

Last year, we had blogged on a writ petition filed by Glochem Industries against the grant of a patent to Cadila healthcare pursuant to a pre-grant opposition filed by Glochem. Cadila’s application (now a ...

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Cement Shoes for Abstract Patents from

Web–based businesses, such as Internet retailers, are juicy targets for patent infringement claims. Web sales are one of the few strong points in a shaky economy, and many Internet retailers know more about what ...

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Rapport entre propriété intellectuelle, transfert de technologie et développement from

Résumé: analyse des pratiques et des politiques impliquant la propriété intellectuelle, le transfert de technologie et le développement démontrant la difficulté de parvenir à une corrélation positive entre ces différents domaines. Related Articles:

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Do you know how to search Taiwanese patents? from

The EPO offers an excellent resource, the East meets West forum, which is directed to an “information exchange on Asian patents.”  I follow all the East meets West news in my RSS reader, and recently ...

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Fashion IP Revisited: The Innovative Design Protection and Piracy Prevention Act from

Steven Zuccarelli is a 2012 JD Candidate at Osgoode Hall Law School. New York Senator Charles Schumer has recently unveiled the latest U.S attempt to protect innovative and novel fashion designs.  The Innovative Design ...

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Organizations Provide Comments on Proposed Three-Tier Application System from

The American Intellectual Property Law Association (AIPLA) and the Intellectual Property Owners Association (IPO) have provided comments on the PTO’s proposed three-tier examination system.  While both organizations generally support the ability of applicants to ...

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Advertising-Based Content Distribution Patent Fails Bilski Test in District Court from

Ultramercial, LLC v. Hulu LLC, No. CV 09-06918 (C.D. Cal., August 13, 2010)

Ultramerical brought suit against Hulu for alleged infringement of a patent directed to distributing copyrighted products over the Internet.  Specifically, the ...

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Drug dealers entering the knock-off business? from

From an article in the New York Times titled Inside the Knockoff-Tennis-Shoe Factory :

Dean Phillips, the chief of the F.B.I.’s Asian/African Criminal Enterprise Unit, describes counterfeiting as a “smart play” for ...

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Man bites dog moment as newspaper takes from blog from

In a post titled The Toronto Sun Steals From Blogs, the pensionplanpuppets blog goes through an incident wherein the Toronto Sun found a story on Tomas Kaberle's father on the blog and copied from ...

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The meaning of research from

The case Sherley v. Sebelius on federal funding of embryonic stem cells is getting some publicity.

One legal gambit in the case was the attempt by the defendants to enter into the "Chevron two step ...

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Lexmark Sues Importers of Laser Cartridges for Patent Infringement from

The following is excerpted from an August 23, 2010 PR Newswire press release found at WKBT'swebsite:

Lexmark International, Inc. (NYSE: LXK) announced today that it hasfiled a patent infringement complaint with the ...

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Do you have what it takes to bring suit at the ITC? — Standing and the ITC’s domestic industry requirement from

Put simply, Section 337 requires that an ITC complainant show that, as of the time of filing, (a) it maintains a certain level of economic activity within the United States in connection with the asserted ...

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The "top 15" U.S. cities for bedbugs from

On 24 August 2010, Terminix released a list of the "top 15" cities for bedbugs. AP noted:

The Big Apple topped the list, followed by Philly and Detroit. Ohio has four cities in the top ...

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Certified Bed Bug Detection Dogs? from

On 24 August 2010, CBS Radio (880) did a piece on Trace, a certified Bed Bug Detection Dog, of Top Dog Scent Detection services. For a website,

A certified Bed Bug Detection Dog, Trace is ...

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Do gifts from pharma influence doctors? from

According to a survey conducted by Consumer Reports National Research Center, 47 percent of respondents think gifts from pharma companies influence doctors to prescribe certain drugs. This does get into the reality that costs of ...

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Rambus to challenge IBM interference decision from

From Reuters: In a lawsuit filed 23 August 2010 in federal court in San Jose, California, Rambus said the U.S. Patent and Trademark Office [USPTO] erred through a series of decisions in finding that ...

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"CBS Nightly News" on August 24 highlights housing crisis from

The lead story on "CBS Nightly News" on 24 August 2010 was on the housing crisis and began

The steep falloff in housing sales -- which reached a 15-year low in July -- highlights the degree to ...

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"Because they're worthless" from

From the University of Chicago Magazine:

At an April "Future of Education" conference, United Technologies' general counsel Chester Paul Beach put the problem in stark terms: "We don't allow first- or second-year associates to ...

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