Patent & IP news for September 1, 2010

Patent Litigations



Patent & IP Blogs

post image Fundraiser -- Race for the Cure from

I recently agreed to help raise funds to support efforts to fight breast cancer.  The funds that we are raising go toward educational, treatment, and screening programs.  As part of the effort, I will be ...

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post image Fit To Be Tied from

Raymond E. Stauffer, esquire, hankers to look dapper, in idiosyncratic fashion, preferring bow ties to the normal skinny bib known as a necktie. A man with taste such as Stauffer might frequent a classy clothier ...

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post image Patent Reexamination Effectively Terminated by BPAI for Lack of SNQ from

Expanded BPAI Panel Shoots Down Repackaged SNQ

Since In re Swanson, the standard for establishing a Substantial New Question of Patentability (SNQ) in a patent reexamination has been quite liberal. A requester need only establish ...

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post image We welcome Matt the Kat from

It is with the greatest of pleasure that the IPKat team introduces readers to its newest member: Matt the Kat (sometimes known by his alias Matthew Fisher: you can read a bit about him here ...

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post image Community Square: The AOP Community Webinar from

Article One Partners hosts its first webinar for the AOP community.  Join Cheryl Milone (CEO and Founder), Shane Blackman (Community Ambassador), and Greg McKallagat (Community Development) as they discuss the latest developments in Article One ...

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post image Trade secrets: still useful if properly deployed from

Above: never mind microwaves -- they don't even make adverts like they used to ...
Trade secrets have been a lively topic for IPKat readers recently. Neil's posting on "Term of Trade Secret Protection: the ...

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post image Wednesday whimsy from

There's just one whimsy today. The IPKat is thinking of compiling a useful list of fictional villains (especially those currently lurking in the public domain) who have not yet been appropriated by IP owners ...

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post image Bappi Lahiri & Bad Faith Litigation from

This post will cover the decision of the Court of Appeals for the Ninth Circuit against an attorney representing Bappi Lahiri, for a bad faith and frivolous copyright infringement claim.

Anthony Kornarens, a copyright lawyer ...

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post image Are communications with Indian patent agents privileged? from

"Are communications with Indian 'Patent Agents' privileged under the Evidence Act, 1872?" That's the title of a very recent post on SPICY IP by Prashant Reddy. For perfectly understandable reasons he declines to answer ...

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IPO Comments on USPTO Three-Track Examination Proposal from

By James DeGiulio -- On June 4, in an effort to address the application backlog and its alleged negative impact on innovation, the U.S. Patent and Trademark Office issued a notice concerning an Enhanced Examination ...

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False Marking Claims: Standing from

By Jason Rantanen

Stauffer v. Brooks Brothers, Inc. v. United States (Fed. Cir. 2010)

Raymond Stauffer brought an action against Brooks Brothers claiming that bow ties sold by the defendant were falsely marked with patents ...

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Computer Implemented Inventions in Europe, An Update from

We blogged earlier on the 12 may 2010 G3/08 opinion of the Enlarged Board of Appeal  of the European Patent Office (EPO) on the referral of 22 October 2008 by the President of the ...

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"Patent Pending" Provisional Rights from

The following is excerpted from an August 30, 2010postby Vincent LoTempio at his LoTempio Law Blog:

Recently a client asked me to sue a competitor for infringement on her patent application. I told ...

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IPSANZ Annual Conference from

IPSANZ’ Annual Conference is on over the weekend beginning 10 September, at Noosa.

Apparently, there are still some places available.

From the USA, Judge Kathleen O’Malley and Covington & Burling’s George Pappas are the ...

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Wall Street Journal covers Brooks Brothers patent marking case from

In New Breed of Patent Claim Bedevils Product Makers , DIONNE SEARCEY covered aspects of the false patent marking issue found in the Federal Circuit case Stauffer v. Brooks Brothers.

One reason put forward for false ...

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Idiocy amok at Techdirt? from

In discussing Larry Downes' theory that Paul Allen is attempting patent reform by his patent lawsuits, Mike Masnick notes:

I don't buy it. There are, obviously, lots of ways to go about pushing for ...

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The Floodgates of False Marking? from

We’ve mentioned before that the Federal Circuit’s decision in Forest Group, Inc. v. Bon Tool Co. triggered a wave of litigation concerning “false marking”—labeling products as patented that, when push comes to ...

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A new IP development fund from

In a couple of earlier postings, I discussed how the German company managing the patent portfolio of the Deutsche Bank IP funds has gone bankrupt. While the funds are still operating, this raise the question ...

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Dept. of Justice seeks stay of stem cell injunction from

Not surprisingly, the Department of Justice is seeking a stay of U.S. District Judge Royce Lamberth's preliminary injunction.

The Washington Post communicates the following:

The Justice Department asked U.S. District Judge Royce ...

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Nature out to lunch on nanotech? from

A piece in Nature titled Nanotechnology: Small wonders [ Nature 467, 18-21 (2010) ] ends with the text:

The need to turn scientific findings into commercialized products is also a key theme in the latest assessment from ...

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Key Committee Debates Changes In WIPO Performance, Spending from

The powerful World Intellectual Property Organization Program and Budget Committee is meeting this week for three days of discussions a new strategic plan, the status of its audit function in the aftermath of past financial ...

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Proof that Accused Device "Could be Modified to Infringe" is Insufficient to Support Finding of Infringement from

Plaintiff's motion for summary adjudication of infringement of its speech recognition patents was denied. "[Plaintiff] argues that it is not necessary for the [accused] platform to actually perform [voice activity detection (VAD)] to infringe ...

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R.R. Donnelley Sues HP For Patent Infringement from

The following is excerpted from anarticleby Paul McDougall published by InformationWeek on September 1, 2010:

Less than a year into a technology alliance under which they planned to co-develop innovative commercial imaging systems ...

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Tintumon The SMS Hero and It's Trademark Issues from

Commerce Professor: what is the most important source of finance
for starting business?Tintumon: “Father in law”.

Tintumon, is a character which was created and spread through text messages in mobile phones. This character is ...

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Law Review Case Note Topics for 2010-2011 from

Dear Law Review Editors: Please send me a note ( to let me know about patent law focused articles that you publish in your journal so that I can highlight them on Patently-O ...

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US Patent Office Issues Update to KSR Examination Guidelines from

The United States Patent and Trademark Office has provided an update to its Examination Guidelines concerning the law of obviousness under 35 U.S.C. 103 in light of precedential decisions from the United States ...

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Appellations Of Origin Discussed This Week At WIPO from

The second meeting of the World Intellectual Property Organization Working Group on the Development of the Lisbon System (Appellations of Origin) is taking place in Geneva from 30 August – 3 September. At this meeting WIPO ...

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Are communications with Indian 'Patent Agents' privileged under the Evidence Act, 1872? from

'Client-Attorney' privilege is one of those sacrosant principles of the common law system which protects the communications between a client and his attorney from disclosure to a third party, regardless of whether the third party ...

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Successor Corporation Held Liable for Default Infringement Judgment Against Predecessor from

Funai Electric Company v. Daewoo Electronics Corp. (Fed. Cir. 2010)

In 2004, Funai Electric sued four Daewoo entities for infringement of its patents covering various improved video cassette recorders (VCRs). Funai is a Japanese manufacturer ...

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Licensing Executives Society Annual Meeting in Chicago: Sept. 26-29 from

The LES is expecting over one thousand of the world’s leading intellectual property (IP), licensing and business development professionals a the upcoming Licensing Executives Society (USA & Canada), Inc., Annual Meeting at the Chicago Sheraton ...

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Open Source: Who and How Do I Hold Responsible (rather liable)? from

Today was an interesting day, interesting because the day threw up a lot of questions, the answers to which I am not sure of (which would mean I have something that resembles an answer), but ...

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Brazil Copyright Reform Comment Period Ends With Push from

There was significant activity at the close of the public comment period on Brazil’s proposed reform of its copyright law, according to blogger Volker Grassmuck, who has followed the reform effort closely. Grassmuck detailed ...

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Sharon Barner Arguing at the Federal Circuit from

Prior to taking one of the top positions at the USPTO as Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO, Sharon Barner was in private practice in Chicago.  She ...

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PTO new KSR guidelines from

The PTO has published Updated KSR Guidelines in the Federal Register (available here). The guidelines have been updated in view of 24 post-KSR Circuit opinions from the Federal Circuit.

The Guidelines include a "teaching point ...

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WSJ mixing up issues in Access to Drugs debate? from

Recently our friends over at Afro-IP brought to light an article by Alec van Gelder in the WSJ on the problem of access to medicines in Africa. While the article is specific to the problems ...

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