Patent & IP news for August 25, 2010

Patent Litigations



Patent & IP Blogs

post image On A String from

From reading his newsletter, one gathers the decided impression that Greg Aharonian has the emotional stature of an infant. [I know I'll get comments from readers who will swear their infants are more mature ...

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post image Nokia fakes case: silence over official submission from

The IPKat's post yesterday ("British customs attract international attention", here) was mild enough, but it has drawn a response from a tireless fighter for justice for rights owners and consumers, the Anti-Counterfeiting Group's ...

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post image Preliminary Results on Patent Law Survey. from

I recently posted a survey on Patently-O titled “Why Patent Law?”. The introduction to the survey indicated that was “designed primarily for patent law professionals” and focuses on why individuals chose patent law as a ...

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post image What is a “likelihood of confusion” between two trademarks? from

The USPTO will refuse registration of a trademark application if the mark is “likely to be confused” with a registered trademark. But what is a “likelihood of confusion”? The two key, but not exclusive, considerations ...

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post image Rubbing the Court the Wrong Way in Seeking a Stay Pending Patent Reexamination from

On August 20, 2010, a motion to stay the litigation between 3M Innovative Properties Co., et al. and Envisionware, Inc. (0-09-cv-01594) (NDM) pending the outcome of a parallel patent reexamination was denied. At issue in ...

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post image Stig-ment of the imagination? from

In "Top Gear Stig legal wrangle goes to court", the BBC has reported a brisk dispute between the Beeb itself and popular publisher HarperCollins over the publication of a book that reveals the identity of ...

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post image Bulls and horns, carts and horses -- but still no stay. from

On what may be the first occasion on which both bulls and horses have been harnessed by any British judge for the purpose of deciding a patent appeal, the Court of Appeal for England and ...

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post image Wednesday whimsies from

If you downloaded the original version of the unofficial Simmons & Simmons English translation of the Opinion of the assembled Advocates General in Case 1/09 (on whether the proposed scheme for a European and European ...

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USPTO Continues to Expand Patent Prosecution Highway from

By Donald Zuhn -- USPTO and ROSPATENT Begin Patent Prosecution Highway Pilot Program On Monday, the U.S. Patent and Trademark Office announced that it had agreed to partner with the Federal Service for Intellectual Property ...

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SpicyIP Tidbits: Minister of Health against increasing life of pharmaceutical patents from

The ToI in a news report a few days ago has reported that the Ghulam Nabi Azad, the Union Health Minister, has opposed any move to increase the patent period beyond the current twenty years ...

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How Useful is the USPTO's First Action Prediction Tool? from

One interesting feature on the USPTO's Patent Application Information Retrieval (PAIR) website is the "First Action Prediction" tool. Once you enter an application number, you can click on the "First Action Prediction" tab, and ...

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The Kymera Magic Wand from

Yesterday the biggest ever investment on TV's Dragons' Den was made -- £200,000 from Duncan Bannatyne. The offer was for the Kymera Magic Wand. Inventors Chris Barnardo and Richard Blakesley of the...

(From Steve ...

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PMO, MNC, CL and Indian IP Policy Making: Whither Representation and Transparency? from

A note circulated by the Prime Ministers Office (PMO) asking various government ministries to consider a representation made by OPPI (the Indian pharmaceutical body representing the interests of innovator pharmaceutical companies, mainly MNC's) has ...

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Guest Post: Patent Abstracts Are Not The Answer To Repatriating Jobs from

by Jeremy Kriegel of Marshall Gerstein

In an effort to promote repatriation of jobs, H.R. 5980 was introduced on July 29, 2010. The Bill proposes replacing the 18-month publication of U.S. patent applications ...

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Only in NJ: superintendent plagiarizes grad speech from

Teaneck, New Jersey interim Superintendent of Schools A. Spencer "Skip" Denham presented a graduation speech to 2010 grads plagiarized from a 2008 speech by one John Warren. Here's what Denham had to say:

"The ...

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They Invented What? (No. 181) from

U.S. Pat. No. 6,145,838: Luminescent playing cards.


What is claimed is:

1. A set of playing cards, comprising:
          a plurality of cards, wherein each card includes distinct indicia printed thereon, the distinct ...

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DIPP Discussion Paper on Compulsory Licensing in the Indian Pharmaceutical Sector: An 'Acquired' Afterthought? from

The Department of Industrial Policy and Promotion (DIPP) has recently sought to address concerns regarding market-availability of low-price life saving drugs, by way of reviewing the provisions relating to compulsory licensing enshrined in the Indian ...

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National Waffle Day – August 24th. from

Did you celebrate National Waffle Day yesterday?  According to this article at, August  24th is recognized as National Waffle Day because it is the anniversary of the first U.S. patent on the ...

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Expanding business assistance to intangibles - UK example from

In yesterday's posting, I continued my rant about how we don't have an innovation policy that reflects the real nature of innovation. Our policy - and that of most governments - general follows the linear ...

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Nine Year Delay Does Not Trigger Laches But Does Preclude Award of Prejudgment Interest from

Defendant's motion for prejudgment interest was denied for undue delay. "[Plaintiff] argues that [defendant] is not entitled to prejudgment interest because it delayed bringing this lawsuit for nearly a decade and did so as ...

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"I was stunned": Collins doing his best Captain Renault? from

Mary Brophy Marcus in a USAToday article titled NIH scientists 'stunned' by judge's stem cell ruling tries to convey the message that Judge Lamberth's decision in Sherley v. Sebelius was an unexpected shocker ...

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Simonian v. Bunn-O-Matic stayed until the Federal Circuit issues its opinion in Stauffer v. Brooks from

The court deferred ruling on defendant's motion to dismiss plaintiff's qui tam false marking claim for lack of standing and stayed the case pending the Federal Circuit's resolution of Stauffer v. Brooks ...

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A broad view of innovation and economic development from

Here some interesting bits from Rich Bendis on innovation. The specific topic in on economic development in Iowa, but the comments speak very well to anyone who thinks innovation and the intangible economy doesn't ...

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IP finance from

With all of the talk about the importance of the so-called Apple "eco-system" (the interrelationship between the company's various mobile devices and its controlled app sites), we sometimes forget that role that trademarks still ...

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Bombay HC discusses 'Variety' of Essential Ingredients in TM Infringement Action from

The Bombay High Court through Justice Vazifdar had in November, delivered this excellent decision relating to the ingredients necessary to be proved for any case of infringement and passing off of Trademarks and Copyright.

The ...

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The Patent Prosecution Highway from

Dr. Michael Blaine Brooks, of the Law Office of Michael Blaine Brooks, delivered a presentation on “Advancing US Cases via the PCT-Patent Prosecution Highway” to the Ventura County (CA) Bar Association last week.  He was ...

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"CBS Nightly News" does bed bugs on 25 August 2010 from

Katie Couric wasn't there, but "CBS Nightly News" with Jeff Glor did bed bugs after stories on Iraq, Yemen (David Martin), Elections (Nancy Cordes, Jeff Greenfield), Murder of Mexican migrants, Pakistan, and the Islamic ...

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Otellini: "the next big thing will not be invented here" from

Intel Chief Executive Officer Paul Otellini made some remarks at the Technology Policy Institute's Aspen Forum which corresponded to a warning to the administration officials and assorted Capitol Hill aides in the audience: unless ...

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Trademark Power: Not All Trademarks Are Created Equal from

You have probably had circumstances when you have positively associated with a certain trademark.  Perhaps you were traveling and had the option to eat at one of several restaurants.  You might have preferred a sit-down ...

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Due Diligence 101: can customers’ personally identifiable information be transferred? from

When performing due diligence in connection with a merger or acquisition, one item that should not be overlooked is the target company’s privacy policies.   If the business of the target relies on account holders ...

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Patent Infringement from

Patent Infringement. The unauthorized making, using, offering for sale or selling any patented invention within the U.S., or importing into the U.S. of any patented invention during the term of the pa

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Special Edition of Scientific American Offers Global Biotechnology Perspective from

By Donald Zuhn -- Scientific American has released its second annual examination of the ways in which governments, scientists, industry players, and life science stakeholders are advancing biotechnology innovation around the globe. The special edition of ...

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