Patent & IP news for September 24, 2010

Patent Litigations



Patent & IP Blogs

post image Likelihood of Success in Percentage Terms; What Does It Really Mean? from

Anyone who practices trademark prosecution has likely faced that most dreaded of questions: "what is the percentage likelihood that you can overcome the examiner's objection". Indeed, some of you may have put that question ...

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post image Practicing an Industry Standard May Be Basis For Infringement from

The Federal Circuit recently affirmed that an admission that an accused infringing device practices an industry standard may, without more, be the basis for a finding of infringement.  Fujitsu, LG and Philips v. Netgear, US ...

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post image Golf madness strikes Newport from

The soi disant Intellectual Property Office has gone a bit golf mad.  In a new page on their website, they report that Newport is the home of both intellectual property (really?) and the 2010 Ryder ...

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post image Facebook Trademark Infringement with Teachbook from

You can bet social media megalith Facebook is actively scanning the horizon for would be intellectual property infringers. And a few weeks ago it found one. A new online community for teachers, called “Teachbook,” is ...

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post image New Blog Focuses on Eco-Mark Issues from


A welcome addition to the Green IP blogosphere, Michael Tschupp’s Sustainable Marks blog is about “trademarks, patents, and advertising - from a green perspective.”

Tschupp’s primary focus seems to be eco-marks and green consumer ...

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post image Illusory Sacrifice in Patent Reexamination to Avoid Stay in Marshall Texas? from

Giving Up What You Never Had

On September 20, 2010, Judge Ward of the Eastern District of Texas stayed the case of Microlinc LLC., v. Intel Corp et al. 2:07-CV-488. The patent at issue ...

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post image Written Description, Claim Scope, and Showing Possession of Hidden Embodiments from

Laryngeal Mask Co. v. Ambu AS (Fed. Cir. 2010)

The district court rejected LMA's patent on summary judgment — holding that the claims covering a laryngeal mask device were invalid for lack of written description ...

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IP Audits: Exploring the Attics and Depths from

The American Bar Association Section of Intellectual Property Law and the ABA Center for Continuing Legal Education are sponsoring the above-titledTeleconference and live audio webcaston Tuesday, September 28, 2010:

The September/October 2010 ...

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SpicyIP Tidbit: Delhi High Court Denies Grant of Interim Injunction to Bristol Myers Squibb from

Earlier this year in March, we had blogged on the dispute between Bristol Myers Squibb (BMS) and Ranbaxy, where the Delhi High Court refused to grant an ex parte interim injunction against Ranbaxy. Instead, the ...

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Local pharma in patent rush from

The DNA news report titled “Pot-kettle? Local pharma in patent rush” criticises domestic pharma companies such as Cipla, Natco and Wockhardt which file oppositions against trivial patenting and simultaneously file patent claims for molecular tweaks ...

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Increasing Web Site Traffic and Visbility from

In order to increase your company’s visibility, internet traffic and ultimately search engine ranking for your website you have to implement some relatively simple Search Engine Optimization or SEO techniques. These are techniques that ...

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Branding U from

Every university has its own identity -- as any proud alumnus will tell you. And the universities carefully market that brand -- just look at the "identity ad" from each of the opposing schools on every televised ...

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Plaintiff's Choice of Forum for False Marking Claims Given Little Weight Where Plaintiff was Formed Specifically to Pursue Litigation from

In granting defendant's motion to transfer venue of plaintiff's qui tam false marking action, the court rejected plaintiff's arguments that convenience factors favored retaining jurisdiction. "[I]t is clear that [plaintiff] anticipated ...

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Civil Society Fights For Participation As ACTA Counterpoint To WIPO Rises from

A new rival to the World Intellectual Property Organization is being created away from the tempering effect of public scrutiny, which could result in limits on the free movement of knowledge or products subject to ...

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US 7,255,627: the bra/gas mask from

On August 14, 2007, US 7,255,627 titled Garment device convertible to one or more facemasks issued with first claim:

A bra garment comprising: a plurality of detachable cup sections, each of the cup ...

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Microsoft on Android – Not So Free. The Role of Patent Infringement Litigation from

By: Scott Nyman The battleground for supremacy in the mobile space has never been fiercer. Mobile dominance has passed between the big contenders throughout the years. Windows Mobile and Blackberry OS had their days at ...

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NJ guv Chris Christie does California from

New Jersey guv Christie is getting some press for an incident in California. From

Christie is known for his blunt, confrontational demeanor -- his past heated encounters have included run-ins with teachers, unions and ...

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Feelin’ Groovy — Spine Solutions, Inc. et al. v. Medtronic Sofamor Danek USA,Inc. et al. from

Spine Solutions, Inc., et al. v. Medtronic Sofamor Danek USA, Inc. et al., 2009-1538 (Fed. Cir. September 9, 2010) is an interesting case in that it deals with “adapted to” language and “operative engagement” language ...

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The University of Chicago Law School and the poor rich from

An IPBiz reader pointed LBE to a blog post of one M. Todd Henderson, University of Chicago law prof, which post is entitled:
We are the Super Rich which post includes the text:

I’m ...

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Court Issues Injunction Against HemCon from

The following is excerpted from a September 23, 2010articlepublished at the Diagnostic and Interventional Cardiology website:

The United States District Court for the District of New Hampshire entered a permanent injunction in a ...

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Speculation Grows Over RIM “BlackPad” from

Stuart Freen is a JD Candidate at Osgoode Hall Law School Waterloo-based mobile phone company Research In Motion may be set to reveal a new Blackberry-branded tablet PC at its developer conference next week. Market ...

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Ambassadors Meet Outside WTO To Discuss TRIPS Negotiations from

More than a dozen ambassadors to the World Trade Organization met today at the New Zealand mission in Geneva to discuss the state of negotiations related to intellectual property rights and trade. Related Articles:

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Examination Guidelines Update: Developments in the Obviousness Inquiry After KSR v.Teleflex from

The United States Patent and Trademark Office (USPTO) issued an update to its obviousness guidelines to be used when applying the law of obviousness under 35 U.S.C. 103. This 2010 KSR Guidelines Update ...

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Examination Guidelines Update: Obviousness Examples from Federal Circuit Cases from

The decisions of the Federal Circuit discussed in the 2010 KSR Guidelines Update provide additional examples of the law of obviousness. The purpose of the 2007 KSR Guidelines was to help Office personnel to determine ...

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