Patent & IP news for October 14, 2010

Patent Litigations



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post image Energy Drink Trademark Lawsuit: Monster’s Killer B vs. Killer Buzz from

Los Angeles, CA – In a buzz worthy turn of events, Hansen Beverage Company filed a declaratory judgment action against PBEV, seeking a ruling that its use of the term “buzz” and “Killer-B” on its Monster ...

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post image Upcoming CBD meet: Sufficient to narrow the gap? from

It's been nearly 2 decades since the Convention on Biological Diversity (CBD) was adopted in the Earth Summit at Rio de Janeiro in 1992 and this year, which also happens to be the International ...

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post image Breaking news: Willy the Wizard v Harry Potter to go to full trial from

A case of throwing
the book at the claimant?
You won't find it on BAILII, but today's decision of Mr Justice Kitchin in in Paul Allen (trustee of Adrian Jacobd, deceased) v Bloomsbury ...

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post image Save the date: here comes the IPEC seminar from

The IPEC: Victoria Espinel The IPEC -- or Intellectual Property Enforcement Coordinator -- is one of the most original and stimulating innovations on the United States IP enforcement scene.  Sometimes called the "IP Tsar" and functioning within ...

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post image The cometh ... for your copyright from

i-Borg, by akiwi You may wish that the much-lauded International Baccalaureate (IB) would disappear because it's too embarrassing to keep on asking if it has one or two 'c's and 'll's.  The ...

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Evidence "not a question of principle", so no appeal from

In an earlier post, PatLit reported on Molnlycke Health Care v BSN Medical Ltd [2010] EWCA Civ 988, in which the Court of Appeal for England and Wales dismissed an appeal against a refusal to ...

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Apple's US 7814163 and sexting from

On 12 October 2010, Apple's 7814163 , titled Text-based communication control for personal communication device , issued.

The first claim reads:

A text-based communication device comprising:

input circuitry that provides a user interface to enable a ...

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USPTO Request for Comments: Trademark Litigation Tactics from

As part of the study mandated by Congress about overreaching trademark enforcement efforts and their effect on small businesses, the USPTO yesterday issued a request for comment reprinted below.

I will certainly be commenting. I ...

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August trade in intangibles from

The August trade data from BEA showed our trade deficit worsening. The deficit rose from $42.6 billion in July to $46.3 billion in August. The jump was both dramatic and unexpected. According to ...

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WIPO Members Search For A Negotiating Agenda On Patent Law from

Patents aren't what they used to be at the World Intellectual Property Organization. Discussions to come up with a work plan at the Standing Committee on the Law of Patents (SCP) this week and ...

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Solvay v. Honeywell: 102(g) and outsourcing from

The result of the CAFC case Solvay (represented by ARTHUR I. NEUSTADT ) v. Honeywell (represented by ROBERT G. KRUPKA ) was "affirmed-in-part, reversed-in-part."

Of interest was analysis of 35 USC 102(g), with Honeywell on the ...

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Bed bugs reach Lincoln Center? from

Myfoxny reported on 14 October 2010:

Spokeswoman Maggie McKeon confirmed the outbreak [at the David H. Koch Theater in Lincoln Center]. It was first reported online on Wednesday by the New York Observer. It cited ...

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Current Options for Prioritized U.S. Examination from

When Director Kappos wrote on his blog about international worksharing programs, he also provided a summary of current options for prioritized U.S. examination. While most are well-known, it is good to keep all options ...

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WHO Report: Progress On Neglected Tropical Diseases from

A new report released today by the World Health Organization found that 17 neglected tropical diseases can be controlled. If strategies set out in the report are implemented widely, “they can substantially reduce the disease ...

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Patents In Cosmetics: Disclosure Of Origin Arduous, Report Says from

A growing number of patents are being filed on plant-based ingredients for use in cosmetics, according to a new report from the Geneva-based Union for Ethical BioTrade (UEBT). Related Articles:

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Toward a Hard Science Approach to Economics – 2 from

As I began to explore this idea that entropy was a key concept in understanding economics and putting it on the path of a true science, I investigated whether other people had made this connection ...

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Toward a Hard Science Approach to Economics – 1 from

It is the premise of this post that economics is objective and therefore can be a hard science[1], based on empirical observation, logic, and reason.  Some clear objective results in economics include that failure ...

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Top PCT Filing Firms for 2010 from

Managing IP Magazine announced last week their ranking of firms according to the number of PCT applications they filed due for national stage entry in 2010.  The 14 biggest markets were included in the article ...

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Allowance Rate of 45.6% at USPTO for Fiscal 2010 from

Hopefully the seemingly modest successes of team Kappos in fiscal 2010 will be viewed for what they are, which is rather extraordinary, by our leaders in Washington, DC. With all the odds against them, having ...

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Senatorial Pursuit: A Canadian Perspective on the U.S. Reid-Angle Copyright Litigations from

Tiffany Wong is a JD Candidate at Osgoode Hall Law School Previously on IPilogue, I discussed the U.S. Senate race between Harry Reid and Sharron Angle, who are both embroiled in copyright litigation. Hypothetically ...

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Office of the Privacy Commissioner Plans Ahead from

Matt Lonsdale is a JD Candidate at Dalhousie University Last week the Office of the Privacy Commissioner of Canada (OPC) released its Annual Report to Parliament on the Privacy Act. A recurring theme is the ...

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BPAI finds "stored on a recordable media" to be transitory and invalid under 101 from

Takeaway: In Ex parte Kelkar, the BPAI affirmed a § 101 rejection of claims to "program products stored on a recordable media." Without explanation, the Board adopted the Examiner's reasoning that the claims read on ...

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Is Google's Caching Copyright Infringement? from

In this post, I will focus on the issue of 'caching' and whether it constitutes copyright infringement or not.


'Caching' is a technical process which essentially involves the storage of data so ...

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'Knock Out' release on schedule despite copyright infringement suit from

The IBN Live website reports that the stay on the release of the film Knock Out (starring Sanjay Dutt and Irrfan Khan) has been reversed by the Division Bench of the Bombay High Court.

The ...

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Blame Canada! Amazon Wins Argument at the CA Federal Court Over "One-Click" Patent from

After a decade-plus battle at the Canadian Patent Office and Patent Review Panel, the Canadian Federal Court made the following ruling on business method patents:
At its core, the question is whether a “business method ...

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Allegations of Knowledge and Materiality are Sufficient to Infer Intent to Deceive from

Plaintiff's motion to dismiss defendant's inequitable conduct defense for failure to state a claim was denied. "The allegation that [plaintiff's patent attorney] knew of highly material information that he failed to disclose ...

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