Patent & IP news for November 29, 2010

Patent Litigations



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post image Supreme Court to Consider Arguments in Microsoft/i4i Dispute from

Cert Granted Today on Important Patent Matter

Seems my prognostication abilities are best left for NFL foootball…end even then, only games involving the woeful Washington Redskins

Today the Supreme Court agreed to consider the ...

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post image "User" basis available for assessment of trade mark damages from

A week or so ago IP Finance reviewed a Scottish decision on assessment of damages inflicted on a brand ("Damages for damaging a brand: Tullis Russell v Inveresk", here). Now here's news of another ...

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post image IP departments feel pressure of economic downturn from

The in-house patent team wished they'd asked for new computers instead of a pay rise It presumably isn't a big surprise, but it's good to know that someone is quantifying it: according ...

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post image Early Christmas Present for LG’s Patent Lawyers from

Via PriorSmart‘s Daily Litigation Alerts, LG (makers of everything from HD TVs and mobile phones to refrigerators) has been sued by Industrial Technology Research Institute (“ITRI), not once, not twice, not thrice, but four ...

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post image Scottish springboard leads to account of profits from

PatLit sends its most grateful thanks to the invaluable Susan Snedden (Associate, IP & Technology, Maclay Murray & Spens LLP) for the following note on a piece of Scottish litigation that raises extremely interesting issues relating to ...

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post image Lay That Burden Down from

The black-robed toads who feel beholden to uphold the powers that be are taking it upon themselves to look at a more open season for patent killing. i4i squeezed a $290 million jury award from ...

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post image Policy on open standards for e-governance released from

India's Department of IT (DIT) recently finalized its policy on open standards for e-Governance. A write-up about a draft version of the policy and related discussion can be read here.  The final version of ...

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post image Communications Relating to Patent Reexamination are Privileged from

Inadvertent Disclosure of Reexamination Strategies Protected by Court

In Acer Inc., et al v. Technology Properties Limited LTD et al. (NDCA), the plaintiffs are seeking a declaratory judgment of non-infringement and invalidity of TPL patent ...

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post image Legendary French Film Director Aids Music Pirate from

“There are no Copyrights,” says Godard

Few filmmakers have been more influential than Jean-Luc Godard. Godard directed such French New Wave classics as Breathless, Weekend and Band of Outsiders, and pioneered the jump cut, a ...

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post image German Federal Patent Court decides in "POST II" from

A slightly delayed delivery (to our readers) of some good news for Deutsche Post, Germany's equivalent of the Royal Mail. Several German websites recently reported that the German Federal Federal Patent Court (Bundespatentgericht) decided ...

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post image Monday miscellany from

The only people to have colleges named after them in both
Oxford and Cambridge are Jesus, St John, Wolfson ...
and CATS!
Holy Cats! IP scholar Justine Pila, much revered and respected by the IPKat, has ...

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post image Costs order knocks spots off pimple patent from

Pimpled ... but not
the finished product
PatLit thanks Richard Kempner (Kempner & Partners) for drawing its attention to his firm's note on a recent Patents Court for England and Wales decision, Select Healthcare v Cromptons ...

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Conference & CLE Calendar from

November 30 to December 1, 2010 - 12th Advanced Forum on Biotech Patents (American Conference Institute) - Boston, MA December 6, 2010 - 21st Annual Conference on USPTO Law and Practice (PTO Day) (Intellectual Property Owners Association and ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Alzheimer's Institute of America, Inc. v. Avid Radiopharmaceuticals et al. 2:10-cv-06908; filed November 24 ...

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Pirate Bay prosecution: appeal results from

The IPKat has been keeping an eye on events in Stockholm, where there has been a good deal of excited discussion -- most of it in Swedish -- about the outcome of the Pirate Bay prosecution.  The ...

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What Is A “Software Patent”? from

Earlier I mentioned that I would explain why I sometimes put the term software patent in quotes. The reason is, quite simply, that the term is an oversimplification that is both too over-inclusive, and too ...

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New Duty of Disclosure for European Patent Applications from

European patent applications filed on or after January 1, 2011 will be subject to a new disclosure requirement designed to support international worksharing efforts. The new rule will require applicants to submit copies of search ...

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UN Biodiversity Convention Seeks Expedited Entry Into Force Of Benefit-Sharing Protocol from

As the end of 2010 nears, bringing with it the end of the otherwise unremarkable international year of biodiversity, the UN Convention on Biological Diversity is calling for countries to ratify the newly agreed protocol ...

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"Simple User Involvement" With Software is Not Sufficient to Trigger Divided Infringement from

In granting plaintiff's motion for summary judgment of infringement the court rejected defendant's argument that it did not infringe a method claim because the step of "supplying digital data representing each of a ...

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UN Climate Change Talks Start With Little Faith From Observers from

Today in Cancun, Mexico, the United Nations climate change conference opened with hopes of finding consensual solutions for the global environmental threat and its consequences. After the disappointing results of last year’s conference in ...

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Supreme Court Review of i4i v. Microsoft from

The Supreme Court has granted Microsoft’s petition for certiorari in the I4I v. Microsoft case. The Federal Circuit’s revised opinion is available here: [Read].

You can listen to the oral argument at the ...

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UK: reform of IP taxation - consultation underway from

HM Treasury have published the consultation document on IP tax reform, including R&D; tax credits – quick thoughts below, more details when I get back from the US next week.

There are some interesting points ...

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Economic policy - IP commercialization as a stand-alone discipline from

Below is my opinion piece from Innovation Magazine published by the Irish Times, reproduced with permission:

We need to develop a specialised competency in commercialisation to build this route to the market

HOLLYWOOD has perpetuated ...

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US Counterfeit Crackdown Has Industry Beaming from

In another move to protect intellectual property rights, the United States Justice Department today announced the suspension of 82 internet domain names on suspicion of selling counterfeit sports equipment, clothes and DVDs, music and software ...

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What is Mine is Not Yours and What is Yours is in Fact Mine: Copyright, Consumers and First Sale from

Pascale Chapdelaine is a member of IP Osgoode, Ph.D. (candidate) Osgoode Hall Law School and is Adjunct Professor at the Faculty of Law, University of Toronto. My current research work to substantiate and better ...

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Canada’s “Orphan Works” Regime: Unlocatable Copyright Owners and the Copyright Board from

The issue of orphan works is one of increasing significance, and has received global attention. Since 1989, the Copyright Board has been empowered to issue non-exclusive licences for the use of unlocatable owners’ works and ...

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Deficits and investment from

All of the talk in Washington right now is about deficit reduction. I don't question the need to bring the deficit down. I do question the means of how to do that. Done right ...

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Supreme Court Prepares to Chop Down "Clear and Convinving" Standard for Patent Invalidity from

In the case of Microsoft Corp. v. i4i Ltd., patentee i4i was awarded a $290M judgment against Microsoft and an order barring the infringing sale of Word in the U.S.  The patent was directed ...

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