Patent & IP news for September 15, 2010

Patent Litigations



Patent & IP Blogs

post image Sims 3’s Promotional PlumbBob USB Flash Drive Subject of Copyright Lawsuit from

Santa Ana, CA – Electronic Arts’ 2009 release of its Sims 3 virtual reality game sequel was to be accompanied by a promotional PlumbBob USB flash drive, which design and prototype has resulted in a real ...

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post image Signs of recovery, says WIPO from

The first green shoots of recovery have now been spotted, pushing their way up through the snowy mountain terrain of Geneva, according to today's media release from Geneva's main attraction, the World Intellectual ...

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post image Patently Shameful Career Prospects? from

In a hard hitting article, CH Unni reports on the rather deplorable career prospects at the Indian Patent Office. I extract below:

"An Indian examiner’s monthly salary and other incentives at Rs.35,000-40 ...

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post image BPAI means new rejection mechanical from

Takeaway: The BPAI entered a brand new § 112, ¶ 6 rejection in a mechanical case. The Board found that no structure was disclosed for performing the movement function of "a mechanism adapted to move at least ...

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post image Recapture of Subject Matter Through Patent Reissue from

Can Inconsistent Statements Made Outside of the USPTO Surrender Claim Scope for Recapture Purposes?

The recapture doctrine of patent reissue is often a subject of debate before the BPAI. As we discussed last week, the ...

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post image When is the Preamble a Limitation of the Claim? from

On Monday, the Federal Circuit decided American Medical Systems, Inc. v. Biolitec, Inc.  The issue in this case was the construction of claim 31 of U.S. Patent No. 6,986,764.  The particular issue ...

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post image Delaware District Court Protective Order Practice from

As we discussed last March, the Federal District Court of Delaware seems to have a different idea when it comes to patent reexamination concurrent with litigation. In our earlier post we explained that protective order ...

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post image Federal Circuit Judges Heading to Japan in 2011 from

The Federal Circuit has posted an announcement on its web site that Chief Judge Rader and other judges will be holding a joint judicial conference with the Tokyo Intellectual Property High Court in Tokyo, Japan ...

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post image SpicyIP Guest Tidbit: Free pdf conversion and lessons for the Copyright Board from

We have today a quick but mighty amusing tidbit via Ashish Arun on the recent Copyright Board order on music royalties. Readers will recall we've posted on the decision in this space here and ...

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"Dead Sea Scroll Sock Puppeting" case goes to CRIMINAL trial from

IPBiz laid out the basics of this odd case in the earlier post
Plagiarism, sock-puppeting and the Dead Sea Scrolls

The AP now reports:

[A]ttorney, Raphael Golb, went on trial Tuesday [14 Sept. 2010 ...

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Challenge.Gov Unveiled As A Place Where The Public And The Government Solve Problems Together from

by Mark Malek Ok, stop laughing. I know that any sentence that includes the words “Government,” “Solving” and “Problems” is likely to end with a punch-line, but this site is dedicated to working with the ...

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SpicyIP Review: Book on Valuation of IPR from

Akshat Pande, Senior Associate and Head-IPR of SRGR Law Offices, has written a book on Valuation of Intellectual Property Rights published by Eastern Law House, Kolkata. Akshat is a company secretary and a practicing advocate ...

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Media misses the point on trademark protection – in 3 separate stories from

It is disappointing to see coverage from the media – business media in particular – missing the boat on the significance of trademark protection. Three separate recent articles fail to properly address trademark issues.

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Prometheus v. Mayo: Patenting Medical Methods from

Prometheus Labs. v. Mayo Collaborative Services (Mayo Clinic) (Fed. Cir. 2010)

This case is one of several pending Federal Circuit appeals that are questioning whether medical diagnostic and treatment methods are the proper subject of ...

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SpicyIP Tidbits:GIs to Bhadohi Carpets and Paithani Sarees from

It seems to be raining GIs for India. After the Hyderabadi Haleem, it is Bhadohi Carpets and Paithani Sarees to be conferred with the GI status.
Bhadohi carpets are inspired by classical Indian ...

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China Defies Global Trend In Patent and Trademark Applications, WIPO Says from

The global economic crisis led to a significant drop in patent and trademarks filings in 2008 and particularly in 2009 but there are signs of recovery, according to the World Intellectual Property Indicators 2010 report ...

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WIPO Report Suggests "Signs of Recovery" in IP Filings and Innovation from

A new report by the World Intellectual Property Organization (WIPO) analyzing IP trends in 2008 and 2009 suggests that innovative activity and demand for IP rights dipped during the global economic crisis, but began to ...

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SpicyIP Events: One Day Seminar on "PRECEDENTIAL PATENT CASES" from

The Academy of Intellectual Property Studies, Mumbai announces a One Day Seminar on "PRECEDENTIAL PATENT CASES" on September 23. 2010, at their premises in Goregaon. The Seminar will be conducted by Feroz Ali Khader, the ...

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Where’s My Jetpack? Cuernavaca, Mexico, Of Course! from

A dream of many futurists, inventors, and . . . patent attorneys!  It is nice to know that inventors are still innovating in the field of jet packs.  

The above video report was produced by VICE, an independent ...

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Ninth Circuit: AutoCAD purchasers licensees, so first sale doctrine does not apply to resale from

In a decision last week, the Ninth Circuit held the purchaser of a copy of AutoCAD software was not an owner of the copy, but instead a licensee.  As a result, the purchaser did not ...

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Hands-On Business Development Program with Kauffman FastTrac® TechVenture from

The Program:

Kauffman FastTrac® TechVenture is a hands-on business development program specifically designed to assist scientists, inventors, engineers and IT developers in southwest Ohio to commercialize a new technology or take an existing tech business ...

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Plaintiff's Failure to Seek Preliminary Injunction Sinks Willfulness Claim as to Post-Filing Conduct from

The magistrate judge recommended granting defendant's motion to dismiss plaintiff's willfulness claim for failure to state a claim as to post-filing activities. "Although there are situations where post-filing willful infringement can be alleged ...

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Patent Office Disciplinary Actions and the Lack Thereof from

I thought it might be interesting to take a look at what the Office of Enrollment & Discipline has been up to since the start of 2010. To be perfectly honest, I was quite surprised by ...

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'Tis the season for migrations - Remfry & Sagar loses key partners to Lakshmi Kumaran & Sridharan from

In an interesting turn of events, both, MIP & Legally India have reported that, Delhi Based IP firm, Lakshmi Kumaran & Sridharan, have poached two key partners from IP giant - Remfry and Sagar. The two partners are ...

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Senators Make Last-Ditch Plea to Pass Patent Reform Legislation from

"No matter how big a guy was, Nicky would take him on. You beat Nicky with fists, he comes back with a bat, you beat him with a knife, he comes back with a gun ...

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Senate Urges Patent Reform To Vote from

Managers Amendment S.515 Shows New Momentum

A letter was sent to Majority Leader Harry Reid today (here) by a bipartisan group of senators asking him to bring patent reform legislation to the Senate floor ...

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Stanford and Samsung offer $130,000 in Prize Money for Articles on Patent Remedies from

Last week, President Obama's administration released its new CHALLENGE.GOV website. Today stanford law school announced the Samsung-Stanford Patent Prize -- this year focusing on patent remedies. All Patently-O readers are eligible:

Call for Papers ...

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Bipartisan Group Of Senators Urge Action On Patent Reform from

A bipartisan group of 25 Senators Wednesday sent a letter to Senate Majority Leader Harry Reid (D-Nev.) urging him to schedule a vote on the bipartisan Patent Reform Act. The legislation will make the first ...

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GreenShift’s Eleven Ethanol Patent Suits Converge in Indiana from


In previous posts (here and here), I’ve discussed the series of patent infringement suits brought by GreenShift and its New York subsidiary, GS Cleantech, against a host of ethanol producers across the midwestern United ...

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