Patent & IP news for August 31, 2010

Patent Litigations



Patent & IP Blogs

post image Tuesday tiddleywinks from

There's still just about time to book for the first of the IPKat's two "How to Write an Effective IP Press Release" seminars, since it takes place on Tuesday 7 September at the ...

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post image Fake report stuns EU shoppers from

The Telegraph, among other online news services, leads today with a report -- "Fake goods are fine, says EU study".

Right: the EU has authorised the importation of a large consignment of fake Santas to help ...

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post image Last Day of Enforceability for Patent 4,xxx,xxx from

Today marks the end of the four millions.

U.S. Patent No. 4,997,100

Unitary biological specimen processing apparatus

Inventor: Peter P. Dudek

Issued: March 5, 1991

Filed: August 31, 1990

Abstract: A Unitary ...

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post image Federal Circuit Finds Standing in Stauffer v. Brooks Brothers from

Stauffer v. Brooks Brothers, Inc. (Fed. Cir. Aug. 31, 2010)

Today, the Federal Circuit released its decision in Stauffer v. Brooks Brothers, finding that qui tam plaintiff Stauffer "had standing to sue Brooks Brothers" and ...

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post image CAFC bows to the inevitable from

PatLit has already featured the cruel and unusual "patent marking" provisions of US patent law here and here (see also this post on patent marking policy in Taiwan). Well, earlier today the United States Court ...

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post image Trademarks and The Business of Securing An Artist’s Brand Name | The Atlanta Post from

Like elsewhere in the business side of music, there are plenty of ways to make mistakes. When it comes to trademarks, three to avoid are “failing to use an original and creative name, failing to ...

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post image All Things Pros from

Obviousness reversed because Examiner merely asserted that combination provided a benefit, without explaining how (Ex parte UTC)
Takeaway: The BPAI reversed an obviousness rejection because the Examiner did not explain how a combination provided an ...

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post image Use of a Community trade mark in just one country from

IPKat team member Jeremy is currently composing a chapter of a book -- about which he will be telling readers quite a lot when it's good and ready -- on trade mark law. His task is ...

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Federal Circuit Continues Temporary Injunction in Lilly v. Actavis Elizabeth from

By Donald Zuhn -- On Thursday, the U.S. Court of Appeals for the Federal Circuit issued an Order in Eli Lilly & Co. v. Actavis Elizabeth LLC, continuing a temporary injunction that had been granted by ...

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The Financial Times' Take on Gene Patenting from

By Kevin E. Noonan -- The staid Financial Times (London) has an article today on the gene patenting debate, and while there are things to criticize in it, the article (perhaps predictably) takes a carefully measured ...

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Microsoft (Again) Asks Supreme Court to Lower Clear and Convincing Standard from

Microsoft Corp. v. I4I Limited Partnership (on petition for writ of certiorari 2010)

In 2009, an Eastern District of Texas jury awarded $200 million + interest to i4i after finding that Microsoft willfully infringed the Canadian ...

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Judge O’Malley’s Answers to Questions for the Record from

The Senate Judiciary Committee has posted Federal Circuit nominee Kathleen O’Malley’s answers to its written questions.  You may recall that she appeared before the committee to answer questions back on July 28, 2010 ...

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Knowledge intensive agriculture - the case of Brazil from

In a number of postings, I have referenced the transformation of agriculture in the industrial age -- and its continuing transformation in the I-Cubed Economy. A recent story in the Economist -- "The miracle of the cerrado ...

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Wozniak is NOT against the idea of patent trolls from

In an interview with Scarlet Fu on Bloomberg, Steve Wozniak (now of Fusion IO) makes clear that he is NOT against the idea of patent trolls. Futher, he noted that patents are at the heart ...

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Should False Marking Claims be Stayed Pending a Decision in Stauffer? Depends on the Court from

Defendant's motion to stay plaintiff's qui tam false marking case pending the Federal Circuit's resolution of Stauffer v. Brooks Brothers, Inc., Nos. 2009-1428, 2009-1430, 2009-1453, was denied. "[Plaintiff's] standing to bring ...

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Changes At USPTO, Sidley’s Geneva Office from

Barely a year after her appointment as the United States Patent and Trademark Office (USPTO) Administrator for Policy and External Affairs, Arti Rai has resigned her position and will go back to a faculty position ...

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NYT does bed bugs from

DONALD G. McNEIL Jr. does a light piece on bed bugs in the August 30 NYT which includes a New Jersey connection:

The classic bedbug strain that all newly caught bugs are compared against is ...

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Should Patents Have Background and Summary Sections? from

Greg Aharonian's recent PATNEWS newsletter mentions that he is reviewing the book Drafting Patents for Litigation and Licensing, edited by Bradley Wright of Banner & Witcoff. A chapter in that book led Greg to raise ...

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CAFC blows Brooks Brothers away in qui tam ruling from

In Stauffer v. Brooks Brothers, the CAFC reversed a decision of SD NY ["Because Stauffer
had standing to bring his claim, and
because the government had a right to intervene, we
reverse on both grounds ...

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En banc CAFC discusses "patent misuse" in Princo case from

In an en banc group of ten CAFC judges, 6 votes rule and the beginning of the majority decision in Princo noted:

This case requires us to consider the scope of the doc-
trine of ...

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CAFC: "Any Person" Has Standing To Assert False Marking Claim from

Stauffer v. Brooks Brothers, Inc., 2009-1428 (Fed. Cir., August 31, 2010)

Stauffer purchased bow ties manufactured by Brooks Brothers, and subsequently launched a qui tam action under 35 U.S.C. § 292 alleging that Brooks ...

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Private: Gain the advantage in citation analysis: the Derwent Patent Citation Index from

It seems astonishing that the last annual PIUG conference took place more than three months ago. Although I learned so much at the conference, as time goes by I’m left with only my rapidly ...

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Keep Your Money In Your Wallet Until Proof of Concept from

After you savor that wonderful “Moment of Discovery” and you have finished daydreaming about striking it rich, you really do need to move forward to take a cold hard honest look at your new product ...

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Pre-Appeal Conferences vs. Interviews from

Well, since the post I've been trying to write for a couple of weeks hasn't yet come together, I'll throw this stray thought out there.

Why would an attorney/applicant go to ...

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Count System Initiatives to Continue Through FY2011 from

The Office distributed a memo today informing the examining corps that the Joint Count System Task Force had arrived at an agreement to continue the new count system [the provisions of which were discussed in ...

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Facebook's US 7,788,260 from

The first claim of Facebook's US Patent 7,788,260 states:

In a computer system for an online social network that includes a server computer and a database of registered users, a method for ...

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WaPo: Using Social Networking Tools for Personal Reasons from

From Washington Post's Matt Vita to staff:

When using social networks such as Facebook, LinkedIn, My Space or Twitter
for reporting, we must protect our professional integrity. Washington Post
journalists should identify themselves as ...

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USPTO Announces Change to Interview Procedures from

By Donald Zuhn -- Last month, the U.S. Patent and Trademark Office announced a change in the way registered practitioners can show authorization to participate in an examiner interview. Under the old procedure, practitioners were ...

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