Patent & IP news for September 21, 2010

Patent Litigations



Patent & IP Blogs

post image The Pegasus Compulsory Licensing Puzzle? from

Pegasus earned the distinction of being one of the first MNC pharma patents to be granted in India in the wake of the 2005 amendments.

The drug (pegylated interferon for treating Hep C virus) underwent ...

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post image You want to complain? Just try finding where you can do so ... from

A somewhat harassed reader wrote to this weblog last week with the following message:
"Dear Kats - I have been scrabbling around Google's AdWords site for the last 30mins or so, trying to locate their ...

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post image Juries and IP damages: a random and unsettling factor? from

In "Don Johnson profit payout doubled to $51.2m", the BBC reported last week on the decision of a Los Angeles court to increase -- by a factor of rather more than two -- the quantum of ...

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post image Stella prize for sanitary towel competition: has the ASA boobed? from

An Advertising Standards Authority adjudication last week in the UK ruled that the promoters of a competition for their product can offer third party products as prizes even without the third party's consent. In ...

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post image Braking Wind: Court Stays Mitsubishi-GE Wind Patent Antitrust Case from

In a previous post, I wrote about Mitsubishi’s wind patent-based antitrust suit against GE. 

In this case, Mitsubishi has alleged that GE filed baseless lawsuits against Mitsubishi asserting patents GE knows are invalid as ...

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post image Handbags at Dawn: Live Report 3 from

Following a hearty lunch, or a speed-eating lunch for this Kat, one of the two David's, David Musker of Jenkins, (picture, left) opened the afternoon proceedings. This Kat is always astonished by how extensive ...

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post image Shallow End of the Pool from

Philips, Fujitsu, and LG Electronics are in a patent pool that claims wireless communication protocol standards. Netgear was the target of their "licensing" campaign. For summary judgment, "the plaintiffs argued that by simply complying with ...

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post image Handbags at Dawn: Live Report 2 from

After a brief coffee break which saw this Kat feverishly trying to edit her first post, Michael Edenborough QC of Serle Court (picture, left) commenced his oratory on Google Adwords. He commenced by suggesting that ...

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post image Handbags at Dawn: Live Report 1 from

Chairman Jeremy opened the proceedings with the usual household announcements before introducing Manny Silverman of Silverman Associates who was charged with opening the day's activities, or as he put it a "the Warm-Up Act ...

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post image Handbags at Dawn: Live Report 4 from

Katrin Vowinckel of Olswang (picture, left) was the final speaker of the day speaking on the topic of fashion brands, IP and the environment. She launched first by speaking on the evolution of sustainability. Vowinckel ...

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Can Rapid Reexamination Incentivize Humanitarian Technologies? from

On September 20, 2010, the USPTO issued a “Request for Comments on Incentivizing Humanitarian Technologies and Licensing Through the Intellectual Property System.” The proposal under consideration would offer a “fast-track ex parte reexamination voucher” designed ...

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Assignments of Inventions by Former Employees from

Departing employees pose a problem for former employers.  These employees may have been on the verge of discovering a new patentable product, formula, etc. during employment with the former employer.  When they depart, the information ...

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HP & Oracle case: follow the money from

Litigation over intangible assets -- especially proprietary information and IP -- is a fact of corporate life. But sometimes it is hard to know if intangibles are really the issue or just the pretext. A perfect example ...

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Job Hunt Due Diligence: A Two-Way Street? from

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School The Office of the Privacy Commissioner of Canada has pointed to US polling showing that as much as 45 percent of employers use social ...

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More on S.515 (patent reform) from

An entry on govtrack on 14 September 2010:

This bill was considered in committee which has recommended it be considered by the Senate as a whole. Although it has been placed on a calendar of ...

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Post-expiry saisie-contrefaçon: only an issue in France? from

A Current Intelligence note on a recent French decision, "Validity of a ‘saisie-contrefaçon’ carried out after the expiry of the patent", by Marianne Schaffner and Romain Viret (Linklaters) will be published in a forthcoming issue ...

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Guest Post: Open Season on Copyright Infringement Claims? All Hail, or Hate, the “Troll”? from

By Robert W. Zelnick, McDermott Will & Emery LLP

Is it me, or has there been a noticeable uptick in publicity about copyright infringement claims in 2010? There is the prolific new so-called "copyright troll," Righthaven ...

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Domestic Use Of Foreign Product Manufactured Using Patented Method Is Not An Act Of Infringement from

The court granted defendant's post-trial motion for judgment as a matter of law that certain method claims were not infringed because one or more steps were performed outside the United States. "The asserted claims ...

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Infringement or Not? You Be the Judge. from

I received the following query from a reader today:


Individual has successfully patented a cargo bar in 1991 (difference in his bar vs. all others is the use of a hydraulic pump to apply ...

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Perpetual Motion Machines from

As a patent attorney, I have always wanted a perpetual motion machine. Oh, I realize they do not exist, but the failed attempts are rife with both intricacy and artistry. Given my line of work ...

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Merely Being a "Sophisticated Company" Does Not Impute an "Intent to Deceive" for False Marking Claims from

Herengracht Group LLC v. WM Wrigley, No. 10-21784-CIV (September 16, 2010)

Herengracht sued Wrigley for false patent marking under 35 USC 292(a) for the marking of Hubba Bubba Bubble Tape with a patent the ...

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Obviously Non-Obvious: Pay Congress from Surplus from

This idea of revenue in exceeding revenue out is really not one that is in and of itself patentable though. Families and small businesses live with that reality every day of every week of every ...

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Own or Rent? The Ninth Circuit’s Guide to Used Software from

By: Scott Nyman So you just purchased the new version of a software package for you business or personal use. Assuming there are no active installations of the older version, you should be free to ...

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Bed bug Summit at the Hyatt Regency from

CBS Nightly News on 9/21 did a final story on bed bugs with Cynthia Bowers presenting the piece from Rosemont, Illinois. Cameos included David Bohannon on bed bug sniifing dogs. Luggage wrappers. Freeze them ...

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From the Gunasekera hearing from

From a story in The Post about Ohio U's Jay Gunasekera :

"My reputation is completely tarnished," said Gunasekera, who added he has been unable to seek consulting jobs or conduct research since the incidents ...

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Changes to Class 386 - Classification Order 1900 from

The USPTO has changed the title of Class 386, Television Signal Processing for Dynamic Recording or Reproducing. The new title is Motion Video Signal Processing for Recording or Reproducing. These and other changes are detailed ...

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Prior Art Used to Construe Claim from

In Laryngeal Mask Co. Ltd v. Ambu A/S, 2010-1028 (Fed. Cir. September 21, 2010), the Federal Circuit dealt with some complicated claim construction issues.  One issue concerned the meaning of the word “backplate” used ...

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Boilerplate with attitude from

Check out this boilerplate from U.S. Pub. 20080087720:
[0037]The present invention includes several independently meritorious inventive aspects and advantages. Unless compelled by the claim language itself, the claims should not be construed to ...

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50 Years of Invention from

Well I turn 50 years old today and I am looking forward to the next 50 years. I was wondering what were the best inventions in the last 50 years. Computers, VELCRO®, video games or ...

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