Patent & IP news for October 8, 2010

Patent Litigations



Patent & IP Blogs

post image VAT and EMI's CD samples for pluggers: final ruling good news for recording companies from

On 30 September the Court of Justice of the European Union gave its ruling in Case C‑581/08 EMI Group Ltd v The Commissioners for Her Majesty’s Revenue & Customs, on a reference to ...

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post image Broad patents, big settlements: are we living in strange times? from

Sharing Sound is meant to be fun ... "Apple Settles Lawsuit Over Online Music Distribution Patent" is the title of an article which was drawn to my attention by Antonio Selas (partner, Cremades & Calvo-Sotelo, Madrid) earlier ...

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post image IP Valuation seminar: a chance to visit Budapest from

IP Finance has learned from Hungarian Patent Office (HPO) economist Peter Kaldos that there's a highly useful seminar coming up shortly.  "IP Valuation for Technology Transfer".  Organised by the World Intellectual Property Organization together ...

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post image Friday fantasies from

Forthcoming events: you can check what's coming up over the next few months by clicking here.  Says the IPKat, we might even see you there!

The nearly-annual IP Publishers and Editors Lunch, which the ...

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post image Patent Reissue Oaths Can Impact Claim Interpretation from

Comparing Claims in Reissue Oath Haunts Patent Holder

On Wednesday, the Federal Circuit reversed a decision of the ITC that excluded the imports of Lucky Litter, LLC. The case (here) related to cat litter boxes ...

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post image Deadlines for filing UK trade mark oppositions: a concerned Cat writes from

Among the various concerned emails that fill the Kat's bag to bursting point is one from Cat Slater (Serjeants), who writes:
"Can I be the only one that is mystified and annoyed at the ...

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post image European General Court finds Lego brick shape not eligible for trademark registration from

For several years, Lego Juris A/S has sought trademark registration for the shape of its signature brick.   

Lego block

Those efforts hit the figurative brick wall last month when the European Advocate General of ...

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University Start-ups and Licensing Activity Held Steady During Recession from

By Donald Zuhn -- On Monday, the Association of University Technology Managers (AUTM) announced the results of a survey showing that university start-ups and licensing activity remaining strong even at the height of the country's ...

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Biotech/Pharma Docket from

By James DeGiulio -- Roche Boniva Patent Dispute with Apotex, Cobalt Goes to Jury Cross-motions for summary judgment by Roche and defendants Apotex and Cobalt were denied in Roche's infringement suit regarding generic versions of ...

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Sharing Examination Efforts from

As I wrote earlier this week, Director Kappos is championing international worksharing as a key mechanism for addressing the growing workload facing patent offices around the world. To make worksharing work, the Office of First ...

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DIPP receives diverse replies to its CL discussion paper from

As reported earlier on this blog the Department of Industrial Policy and Promotion, Ministry of Industry & Commerce had released a discussion paper on the compulsory licensing policy under the Patents Act, 1970, inviting responses from ...

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Frenzy over Facebook's US 7,809,805 from

In a piece titled Sorry Facebook, Google Already Had A Patent On Location-Based Social Networks , the San Francisco Chronicle actually lists claims of a patent in the text. The Facebook patent in question is US ...

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Feingold afoul of football copyright from

Democrat Senator Russ Feingold of Wisconsin utilized a political ad including 2005 footage of Minnesota Vikings receiver Randy Moss pretending to moon Packer fans at Lambeau Field. However, Feingold didn't get permission from the ...

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Indo-E.U. trade dispute over 'in-transit' drug seizures resolved after the E.U. agrees to amend its laws from

Just days after we had blogged on how the Indian Government was ready to move the WTO DSB to begin proceedings against the E.U., it has been reported in various newspapers that the E ...

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What’s In A Name? A Starbucks Trademark Dilema from

By Aaron B. Thalwitzer Ethiopia makes good coffee. You might have had some. Starbucks has a delicious bean it calls “Shirkina Sun-Dried Sidamo.” It sounds exotic, and it is. Starbucks used to buy Ethiopian coffee ...

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Technical Expert may not Testify as to Conception Date from

Plaintiffs' motion in limine to preclude testimony by defendants' technical expert regarding the date of conception was denied in part. "[Defendants' expert] may testify regarding the evolution of [plaintiffs'] patent applications’ description of the invention ...

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Inside Views: A Rights-Poor Protocol For Biodiversity Access & Benefit-Sharing from

A leading indigenous negotiator for a UN protocol on biodiversity access and benefit sharing says the process will likely yield a highly diluted, rights-poor protocol and that Indigenous Peoples' negotiating leverage is slipping. Related Articles ...

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September employment data from

Once again, the BLS data on employment released this morning shows a stagnate labor market. The unemployment rate remained unchanged while total employment dropped by 95,000. The report contains some good news (private sector ...

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USPTO Announces New Patent Examination Quality Initiative from

The new procedures measure seven diverse aspects of the examination process to form a more comprehensive composite quality metric. The composite quality metric is designed to reveal the presence of quality issues arising during examination ...

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Copyright Infringement is Not Theft from

Although this question is part of a long-standing debate in copyright law circles, I've picked up on this issue in light of recent comments emerging from the Obama administration, specifically by the current Vice ...

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Two-Month Warning for the USPTO Green Patent Fast Track from


Only two months remain for applicants who want to take advantage of the U.S. Patent and Trademark Office’s (USPTO) Green Technology Pilot Program.  The program - a fast track procedure for green patent applications ...

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Win Without Fighting: Proactive and Collaborative Litigation Defense from


Article One’s Chief Operating Officer, Ray Felts, hosted a panel at last week’s LES Annual Meeting in Chicago. The panel was called “Win without Fighting: Proactive and Collaborative Litigation Defense”.


Alongside Ray Felts ...

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Surreal moment: criticizing the work while copying it? from

Of allegations that Edward Wegman both criticized and copied his work, Raymond Bradley of the University of Massachusetts is quoted in USA Today :

"Talk about irony. It just seems surreal (that) these authors could criticize ...

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Motorola Sues Apple for Patent Infringement With Sparse Complaint from

On Wednesday, October 6, 2010, Motorola, Inc. announced that its subsidiary, Motorola Mobility, Inc., filed a complaint with the U.S. International Trade Commission (ITC) alleging that Apple’s iPhone, iPad, iTouch and certain Mac ...

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Twice in One Week, Russ Feingold Accused of Infringement, Told To Take Down Campaign Ad from

After pulling a campaign commercial earlier this week after the National Football League accused him of copyright infringement by using NFL footage, U.S. Senator Russ Feingold (D-WI) made another ad fumble - infringing on a ...

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Lithium batteries involved in air crash? from

The FAA on the crash of a US cargo plane in the United Arab Emirates last month: "We are aware, however, that the plane's cargo did include large quantities of lithium batteries and believe ...

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Another Harvard plagiarism incident? from

Alex Park was checking citations to his senior thesis titled "A Tale of Two Townships: Political Opportunity and Violent and Non-Violent Local Control in South Africa" but sadly found some heavy duty copying of the ...

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Mary Nichols doesn't explain CARB errors from

Mary Nichols, chairwoman of the California Air Resources Board [CARB], has a lot of explaining to do about new-found errors in in the scientific analysis used to toughen California's clean-air standards. The San Francisco ...

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