Patent & IP news for October 22, 2010

Patent Litigations



Patent & IP Blogs

post image Madras High Court dismisses Dr. Wobben's appeal against the IPAB's Order from

Thanks to Sumathi and the India Kanoon website, we finally have access to a Madras High Court Order which sheds more details on the ‘big-ticket’ Enercon patent litigation taking place before the Intellectual Property Appellate ...

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post image Summary judgment, but no quick fix on costs from

At least in England and Wales, where a large-scale IP owner finds itself constantly having to commence proceedings against small defendants, where (i) the value of each infringement is very small in financial terms but ...

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post image Delhi High Court raises the threshold for trademark dilution suits from

In a surprising, yet welcome, judgment, Justice Ravinder Bhat of the Delhi High Court has rejected a suit for trademark infringement, without a trial, on the ground that it fails to disclose an adequate cause ...

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post image Coming (Maybe): A Tide Dry Cleaner Near You? from

Few commercial arrangements are more complicated from an IP perspective than a franchise operation. In the interplay between product and service delivery, the franchise operation will typically involve trade secrets, proprietary technology, perhaps a patent ...

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post image GraphOn Patent Portfolio Sinking in Patent Reexamination from

Two GraphOn Patents Seemingly Lost, More to Come?

In May of this year, a first suit between GraphOn Inc. and Juniper Networks was stayed pending the conclusion of patent reexamination proceedings relating to U.S ...

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post image Friday fantasies from

Please don't forget to check out the list of forthcoming events on the IPKat's little list. You'll find a selection of fascinating seminars, talks and conferences here. On the subject of forthcoming ...

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post image Is the Western District of Wisconsin “fast” for Patent Litigation Cases? from

In denying a defendant’s motion to transfer venue, Judge Stephen L. Crocker (WIWD) acknowledged it was a close call, but stated:
"Plaintiffs specifically chose the Western District [of Wisconsin] because of its speed to ...

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post image Sudden outbreak of common sense? "Initial interest confusion" part of EU trade mark law, says judge from

Just to show that he can do it if he wants to, specialist IP judge Mr Justice Arnold (Chancery Division, England and Wales) decided a case on Wednesday without referring so much as a single ...

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Biotech/Pharma Docket from

By James DeGiulio -- Novo Fails to Dismiss Suit over Validity of Prandin Patent The five year dispute over the validity of the patent covering the diabetes drug Prandin continues, as Novo Nordisk's attempt to ...

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Madrid System & Indian trademark owners - Part II from


Madrid System requires both the applicant and assignee to have real and effective industrial or commercial establishment in the office of origin and countries ...

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Madrid System & Indian trademark owners - Part I from


The Trademarks (Amendment) Bill 2009, which aims at bringing Madrid Protocol into force, has been passed by both Lok Sabha and Rajya Sabha. For more see here. However, India is yet to become a member ...

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Flexibility In Government Procurement Needed For Developing Countries from

If public procurement for innovation is to be seen as part of developing countries’ industrial-policy portfolio, a recent paper argues accession to the GPA would not help, and advises against it. Related Articles:

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Report from Trademark Expo @ USPTO from

Last week I was able to attend the Trademark Expo held by the U.S. Patent and Trademark Office at their headquarters in Alexandria, Virginia. The Expo is a free event with information about trademarks ...

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Baldrige Performance Excellence Award from

One of the recommendations I have been making for some time is the re-orientation of the Baldrige Quality award into something broader. (See our 2008 report Crafting an Obama Innovation Policy). Over the years, the ...

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Thou shalt be heard: says Bombay High Court in Patent Abandonment Case from

A few months back, the Bombay High Court had passed quite an interesting judgment regarding procedural complexities in a matter involving a patent application filed by a Spanish University. Dated February 26, 2010, this matter ...

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Cheaper Drugs or Missing Drugs? Why Patents on Drugs Help Consumers from

Many voices are clamoring for abolition of patent protection on drugs or compulsory licensing of patent drugs at reduced rates. Some nations already demand this. The simple-minded thinking behind this is that by eliminating the ...

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Top 5 Ways to Improve your Search Keywords from

Have you ever been conducting a patent search with your usual keyword strategies and just not getting the results you’re looking for? Returning too many hits? Not enough? False hits? In addition to reading ...

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Taking A Big Bite Of Apple from

The following is excerpted from an October 11, 2010 article by Thomas B. Scheffey published byConnecticut Law Tribune:

Old photos of Professor David Gelernter’s lived-in office in the computer science department at Yale ...

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Reporting Live from Day Two at AIPLA Annual Meeting from

Today is day two of the AIPLA conference at the Marriot Wardman Park hotel in Washington, DC. There are numerous people attending the conference this year, and topics of discussion and presentation are ranging from ...

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VAT and R&D services: Kronospan from

Kronospan Mielec sp zoo v Dyrektor Izby Skarbowej w Rzeszowie (Case C-222/09): the ECJ has confirmed that where R&D; services carried out by engineers are supplied ‘on a contract basis for the benefit ...

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USPTO 2010-2015 Strategic Plan Released from

Special Guest Blog by USPTO Deputy Director Sharon Barner

Director Kappos and I are pleased to announce the release of the final version of the USPTO 2010-2015 Strategic Plan at


The ...

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U.S. Sides with False Marking Defendants and Urges Strict Compliance with Fraud Pleading Requirements -by Jim Lennon from

The United States filed an amicus brief on Wednesday (October 20th), supporting the petition of false marking defendant, BP Lubricants, to obtain a writ of mandamus compelling dismissal of the suit filed by Thomas Simonian ...

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Court's Ruling that LCD Television Claims are Method of Use and not Method of Manufacture Under Section 271(g) Impacts Numerous from

Related Customer Lawsuits and Warrants Certification for Interlocutory Appeal

The court granted defendants' alternative motion to certify for interlocutory appeal its order denying defendants' motion for judgment on the pleadings. "The Court's [previous order ...

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“Clues” for Determining Unpatentablity from

Pamela Samuelson, director of the Berkeley Center for Law & Technology and member of the IP Osgoode International Advisory Board, just co-authored an article, with Jason Schultz, on Bilski v. Kappos, 130 S. Ct. 3218 (2010 ...

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Wide Industry Coalition Backs US Internet Anti-Piracy Bill from

What do entertainment, sports, health, religion, fashion, jewelry, champagne, software and even tattoos have in common - other than being a large portion of the elements of any developed society? Related Articles:

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Biodiversity Negotiators Move Treaty Text Forward; Deadline Pushed To Monday from

NAGOYA, JAPAN – Officials negotiating this week on an international agreement to stop misuse of genetic resources appear to have reached minimal consensus on additional articles of the draft text under negotiation, though many specific areas ...

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ACI Paragraph IV Disputes Conference from

American Conference Institute (ACI) will be holding a West Coast edition of its Paragraph IV Disputes conference on December 8-9, 2010 in San Francisco, CA. The conference will allow attendees to: • Identify patents for small ...

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