Patent & IP news for September 28, 2010

Patent Litigations



Patent & IP Blogs

post image Russian bank hits competitor with registered cabbage from

Savoy cabbage before ... The IPKat, who unlike most felines has a soft spot for brassicas, notes with interest that the Russian Arbitration court has upheld SKB Bank’s exclusive right in the banking sector to ...

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post image Trademark Infringement Pancakes v. Prayer from

The International House of Prayer in Pasadena, along with another house of prayer in Kansas City, MO are attracting some attention – unwanted attention. International House of Pancakes, Inc. (IHOP) filed suit last week for trademark ...

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post image A kick in the gulyás? Hungary, Benelux stewed by Europe's finest from

In the stew: Hungary and Benelux --
but has there been "genuine use" of the law?
Is the use of a Community trade mark -- which covers all 27 Member States of the European Union -- to be ...

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post image SOX Causes Delay in Facebook IPO from

Peter Thiel, an early investor in Facebook, said that Facebook will not go public until late in the game.  He explained that regulations such as Sarbanes Oxley are causing Facebook to delay their IPO.  He ...

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post image Patent dispute resolution: three current articles from

In "IP litigation or ADR: costing out the decision", Journal of Intellectual Property Law & Practice (2010) 5(10): 730-735, Peter Jabaly (Rutgers Law School) writes about the cost of settling IP disputes. His abstract reads ...

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post image Draft Amendments to Trade Mark Rules from

A couple of critical draft amendments have been proposed to the Trade Mark Rules, 2002, including a 40 per cent increase in the official fees for filing a trademark application, and removing the provising to ...

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Guest Post: Vernor v. Autodesk Inc: Thumbs Up for Software License Agreements (SLAs)! from

Sai Vinod a 3rd year student at NUJS has sent in this very interesting guest post on the recent Autodesk judgment by the 9th Circuit Court.
Guest Post: Vernor v. Autodesk Inc: Thumbs Up for ...

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WIPO Launches New Online Global IP Resource from

By Donald Zuhn -- Last week, the World Intellectual Property Organization (WIPO) announced the launch of WIPO Lex, a new online global IP resource providing up-to-date information on national IP laws and treaties. WIPO noted that ...

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Anti-counterfeiting Down Under from

The Feds (aka the Australian Federal Police in co-operation with Customs) executed 21 search warrants on 14 September and apparently

Thousands of counterfeit goods were seized, including counterfeit computer software, CDs, DVDs and luxury items ...

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Liability for False Patent Marking from

The benefit of marking a product with a patent number is that damages accrue upon infringement and not upon actual notice of the patent.  However, if the product is incorrectly marked with patent pending or ...

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"I had accused someone of plagiarism ... these are simple matters, not criminal." from

The AP covered the testimony of Raphael Golb in the Dead Sea Scrolls sock puppeting case.

Included was the text: "I used methods of satire, irony, parody and any other form of verbal rhetoric that ...

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Prosecutions under the 1996 Economic Espionage Act (EEA) from

From an FBI press release:

Shanshan Du joined GM as an engineer in 2000, signing an agreement to protect proprietary information created or obtained during her employment. In late 2003, she asked to be reassigned ...

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Burdened With Brackets, Biodiversity ABS Protocol Needs Political Will To Survive from

Substantive progress eluded the negotiators of a draft protocol on biodiversity access and benefit sharing last week in Montreal, according to participating sources. The third attempt at finding consensus on key aspects of the text ...

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Rospatent to carry out search and preliminary examination for international applications from

On September 22, 2010, the United States Patent and Trademark Office and Rospatent, the Russian Federal Service for Intellectual Property, Patents and Trademarks, entered into an agreement at the World Intellectual Property Organization in Geneva ...

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Internet And Human Rights Highlighted Alongside UN Human Rights Council from

Can the digital environment be used in a way that promotes real human rights? A group of activists speaking yesterday alongside the ongoing UN Human Rights Council believes that it can, and provided several examples ...

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2010-11 IPilogue Editorial Team Announced from

IP Osgoode is pleased to introduce IPilogue’s 2010-11 editorial team to the Osgoode community. As many of you know, IPilogue is the first online review of its kind, featuring thoughtful intellectual property and technology ...

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Tardy Claw Back Request Waives Privilege from

The court granted defendant's motion to compel the production of allegedly privileged documents that were inadvertently produced. "[Plaintiff's employee] was deposed and asked questions about [the privileged documents] in the presence of [plaintiff ...

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Saskatchewan Court Holds Copyright and Trademarks Not Eligible for Seizure from Debtors from

Leslie Chong is a JD Candidate at Osgoode Hall Law School The Queen’s Bench for Saskatchewan has ruled in Wira v. Jubilee Enterprises Ltd. that The Executions Act in their province does not allow ...

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2nd Edition of the Patent Agent Examination Book from

Readers would recall our earlier blog post on a “New Book Release on Patent Agent Examination” which is the only book available in India on this title. Many of our readers, who would have taken ...

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Newly Patented Escalator Not Limited By Straight Lines from

Named for its inventor Jack Levy, the Levytator escalator reduces redundancy, by carrying people up and down on a single track. Patented in the United States, Europe and China, the Levytator is also capable of ...

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Chan Denies Pharma Influence As WHO Review Proceeds from

"Never did I see a shred of evidence that financial profits for industry, as opposed to epidemiological and virological data, influenced WHO decisions" on a recent influenza pandemic, World Health Organization Director General Margaret Chan ...

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News, Notes and Announcements from

In this edition of News, Notes & Announcements, the USPTO announces it has signed an agreement with the Russian Patent Office to act as an International Searching Authority; the USPTO announces expansion of the Patent Prosecution ...

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KSR, patent obviousness and USPTO practice from

In 2007 the U.S. Supreme Court decided its first patent obviousness case in decades, KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398 (2007).  Shortly thereafter, the PTO issued a set of ...

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Australia's new personal property securities regime affects IP from next May from

In May 2008 the IP Finance weblog noted proposals for reform of the law relating to personal property securities and intellectual property in Australia. A recent piece, "Personal property securities reforms and intellectual property", by ...

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Federal Circuit Announces Oral Argument Schedule for Atlanta from

The Federal Circuit is slated to have a very busy month of November.  The court will hear two patent cases en banc, conduct a portrait presentation ceremony for Chief Judge Rader, and travel to Atlanta ...

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CADC restores NIH stem cell funding from

The AP reported: The U.S. Court of Appeals in Washington [CADC] granted the Obama administration's motion to allow the funding from the National Institutes of Health to continue while the government appeals a ...

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NCIS features patent in 28 September 2010 episode from

In the beginning of NCIS on 28 September 2010, some school kids are put to sleep while in class. Later, Abby identifies the compound, a high molecular weight organic unlikely to have significant volatility.

Still ...

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District Court Denies Novozymes Motion for Preliminary Injunction in Battle for Control of the Alpha-Amylase Market from

On September 24, 2010, a federal district court in the Western District of Wisconsin denied a motion for preliminary injunction in a patent lawsuit between two of the leading companies in the field of genetically ...

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Jury Finds Scruggs Willfully Infringed Monsanto Patents, Award at Least $9 Million in Damages from

10 years ago Monsanto sued farmers Mitchell and Eddie Scruggs (collectively referred to as "Scruggs") for infringing patents relating to genetically modified Roundup Ready soybean seeds and Bollgard-containing cotton seeds. The case has resulted in ...

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