Patent & IP news for September 23, 2010

Patent Litigations



Patent & IP Blogs

post image Comment Moderation: From Ad Hominem Irrelevance to Constructive Engagement from

As many of you know, we moderate comments. And despite continuous appeals to keep comments healthy and non personal, some of our commentators insist on using foul language, and personally attacking blog authors' as well ...

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post image Waiver of Patent Owner Statement Disfavored in Ex Parte Patent Reexamination from

New Ex Parte Patent Reexamination Pilot Program a Tough Sell

Back in August, I reported on a new USPTO pilot program designed to decrease pendency in ex parte patent reexamination by seeking waiver of the ...

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post image Of trademarks and photocopy evidence from

One would not ordinarily expect a discussion on the evidentiary value of photocopied documents to reach the highest court of a country. As it turns out, this just happened in the world of trademarks, where ...

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post image Masked from

7,156,100 claims a mask stuck down the throat, to deliver anesthetic gas during surgery, and provide an unobstructed airway. The poetically named Lanryngeal Mask Company (LMA) sued Ambu for infringement. For that, "all ...

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USPTO Looking for Ways to Incentivize Humanitarian Technologies from

By Donald Zuhn -- On Monday, the U.S. Patent and Trademark Office announced via a press release and a notice in the Federal Register (75 Fed. Reg. 57261) that it is seeking comments regarding a ...

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Volcano Corporation Counterclaims That St. Jude Infringes Three Volcano Patents from

The following is excerpted from a September 20, 2010 Volcanopress releasepublished at PR Newswire:

Volcano Corporation today said that it believes the patent infringement claims brought against the company by St. Jude Medical ...

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Spicy IP Tid-bit: Ministry of Commerce & Industry invites suggestions on Draft IPAB Rules from

The Ministry of Commerce and Industry has some time back come up with a new notification regarding having completed a preliminary draft of the Patents (Appeals and Applications to the Intellectual Property Appellate Board) Rules ...

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Four basic steps for obtaining trademark and copyright protection from

Four basic steps will help your business obtain strong trademark and copyright protection.
  • Identify - What do I have that is intellectual property? Review brand names, slogans, logos, websites, videos, podcasts, advertisements, written and graphic content ...

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The Fabric Troll, Sub-Species of the Copyright Troll or New Species? from

By: Philip Zies While perusing a news publication, I came upon an article that made reference to an until-then-unknown variant of the troll family, the fabric troll.  We are all, by now, familiar with not ...

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Ipfeathers website functional and active from

We are glad to inform our readers that after more than two years in business, we finally have ipfeathers website functional and active. Most of our readers may already be aware that we started ipfeathers ...

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Is "design thinking" about design? from

Yesterday's posting illustrated the design process from the 1960's. My point in posting this was to highlight the range of skills involved. However, there is another point: the process itself.

The example given ...

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Netflix Launches Internet Video Streaming Service in Canada from

Yesterday, Netflix launched its leading Internet movie subscription service in Canada, hoping to add “meaningfully to the entertainment choices available to Canadian consumers”. For $7.99 a month, Netflix is offering unlimited streaming of thousands ...

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US/UK Intellectual Property Office Statement on Cooperation from

In March 2010 the United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (IPO) announced plans to begin cooperation on increasing the efficiency and quality of the patent examination process ...

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Don’t Copy My Blue Suede Shoes: Copyright Protection for Fashion Designs from

The fashion industry claims it loses millions of dollars in revenue every year because of copycats buying one very expensive handbag or shoe or other item, deconstructing it, farming it out (usually to some factory ...

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Tips for helping your employees comply with non-disclosure obligations from

Many employers routinely require new employees to sign non-disclosure agreements (NDAs).  The NDA is typically one of many documents — along with tax forms, forms relating to benefits, and other legal documents — that a new employee ...

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May a Patent Law Expert Opine as to the Materiality of Undisclosed Information? from

YES -- The court granted, in part, plaintiff's motion to strike defendant's inequitable conduct expert. "[The expert's] actual opinions are on matters within his expertise as a patent examiner and former Commissioner of ...

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News round-up: exciting patent and non-patent developments from

This week has yielded some interesting discoveries for me as I’ve been combing the industry for Intellogist-worthy news.  My hot list for the week includes national patent office websites, an update on Zotero and ...

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Grace Period for Filing EPO Divisionals Ending Soon from

As many of you know, April 1, 2010 ushered in numerous changes affecting PCT applications in the EPO.  One such change involved the timing for filing a divisional off of a parent application.

Prior to ...

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Saving Money on Initial Patent and Trademark Services: A Tip for Small- and Medium-Sized Enterprises from

I have previously discussed that it is clear to me that the economic downturn has lessened the appetite for companies to spend money on anything not perceived as a “necessary business expense.”  The importance of ...

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TiVo vs. Dish at the Federal Circuit: Examining TiVo’s Brief from

Several weeks ago TiVo filed its brief in the matter of Tivo, Inc. v. EchoStar Corp., which will be heard en banc by the United States Court of Appeals for the Federal Circuit on Tuesday ...

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USPTO Director David Kappos On Need For IP Cooperation from

Patent offices around the world must work together to combat the inefficiencies in patent processing that threaten to stifle innovation and as a result slow needed growth of the global economy, David Kappos, director of ...

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What is the Difference Between TM, SM, ®, and ©? from

Four common symbols used in intellectual property law are TM, SM, the registered trademark symbol ® and the copyright symbol ©. Do you know what they mean, how to use them, and when?

What do TM and ...

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Addressing the University of Virginia honor code: issues of plagiarism from

A group has prepared an 18-page document titled, “Recommendations for Honor Reform with Students’ Constitutional Rights.” with the objective of reforming UVa's rather draconian honor code.

The Cavalier Daily noted:

In the document, which ...

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Profs signaling IP still running amok! from

Notwithstanding a comment on IPBiz, the link to the paper Patent Signaling, Entrepreneurial Performance, and Venture Capital Financing is working fine.

The abstract states:

This work draws on comprehensive patent data for VC-backed firms in ...

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Apple patents and recycling MagSafe connectors from

TechDirt features the recent patent infringement brought by Apple against Sanho.

In the old days, one remembers the HP printing cartridge wars, and more recently the disposable 35mm cameras battles.

As to "MagSafe" connectors, IPBiz ...

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Swear-behind no details no diligence from

Takeaway: In Ex parte Brown, the BPAI discussed evidence of due diligence in a § 1.132 (swear-behind) declaration. Despite the Applicant's submission of 32 exhibits of evidence, the Board found that the declaration was ...

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What's in a name? Corn sugar. from


This week, the Corn Refiners Association, which represents firms who make the product, petitioned the FDA to change the ingredient’s name to “corn sugar.”

Also, on the "sugar" front, the Newark ...

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Stays Pending Appeal from

August Technology Corp. v. Camtek (Fed. Cir. 2010) (non-precedential order)

A jury ruled that Camtek's semiconductor wafer inspection system infringed August's patent rights. The district court then issued a permanent injunction ordering the ...

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Biotech/Pharma Docket from

By James DeGiulio -- Sham Litigation Claims against Par and Paddock Continue in AndroGel Litigation Par Pharmaceutical and Paddock Laboratories received clarification that their agreements with Solvay not to release competing versions of the testosterone supplement ...

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Washington Legal Foundation Files Amicus Brief in Sun Pharmaceutical Industries, Ltd. v. Eli Lilly & Co. from

By Kevin E. Noonan -- The Washington Legal Foundation (WLF), a self-styled "non-profit public interest law and policy center that regularly appears before federal and state courts to promote economic liberty, free enterprise, and a limited ...

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