Patent & IP news for December 14, 2010

Patent Litigations



Patent & IP Blogs

post image PCC Page 10: Do I need to get my skates on? Defending a claim from

The PCC Pages is a series of Tuesday features on the new regime for litigation before the recently revamped Patents County Court (PCC) for England and Wales, hosted by PatLit but furnished by the Chartered ...

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post image Hear me in free webinar today at Virtual LegalTech: Advanced Technologies Changing the Legal Industry from

Interested in the issues facing the use of technology in a law practice? What are the top tech tools of today 2011 for attorneys? Hear me and two other top legal technologists discuss these issues ...

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post image Google ally Myriad Group sues Oracle over Java licensing: so much for Swiss neutrality from

Bloomberg was first to report that "Myriad Group AG, a Swiss software developer, sued an Oracle Corp. unit in the U.S. for at least $120 million in restitution for allegedly charging excessive license fees ...

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post image Requests for Information in Ex Parte Patent Reexamination from

USPTO Relies on Case Law Predating Interrogatory Power of 37 CFR 1.105

As discussed previously, it is not uncommon for Patentees to introduce evidence of secondary indicia of non-obviousness when faced with an obviousness ...

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post image Beyond Patents: Find Prior Art at OpenThesis from

Here at Intellogist® we talk a lot about patent searching and patent search engines. As many of you know, however, that’s not all there is to Intellogist–we cover all aspects of prior art ...

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post image Court Rules Against Jacobs Wind in Minnesota Eco-mark Dispute from


In a previous post, I wrote about the wind energy eco-mark suit between two competing Minnesota wind system companies, Jacobs Wind Electric Co. (Jacobs) and Wind Turbine Industries Corp. (WTIC), over rights to the JACOBS ...

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post image Court of Appeal ruling is music to Pink Floyd's ears from

Members of the Court of Appeal model the stylish headwear
which replaces those musty old-fashioned wigs (artwork credit here)
If you have ever thought that some of the lyrics of Pink Floyd songs are hard ...

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post image Delhi High Court allows for multiple proceedings before IPAB and High Court on similar points of law from

In a recent judgment, Justice Ravindra Bhat has rejected an application filed by Dr. Alloy Wobbens seeking either dismissal or a stay of revocation petitions filed, by Enercon India, before the IPAB against certain patents ...

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post image How Patent Whitespace Analysis Can Set a Company Up for Sustainable Failure from

Relianace on patent whitespace analysis to drive innovation decision-making can signal likely failure.

I spent a few days last week at the Innovation Cubed Conference in Orlando.  While there, I heard two instances of use ...

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post image Wine Trademark and Trade Dress Dispute – San Antonio Winery Sues Banfi Products from

Los Angeles, CA – San Antonio Winery filed a trademark and trade dress declaratory judgment action against Banfi Products. San Antonio’s Stella Rosa Imperiale Brachetto d’Acqui wine is made from Brachetto grapes that are ...

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post image Bad week for Google's position vis-à-vis Oracle from

Last week, Google's hopes of settling Oracle's Java patent suit on sweet terms were dealt important blows on two fronts.

One part of the bad news for Google is that a Federal Circuit ...

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post image First Indian Patent Institute Symposium offered by Franklin Pierce Center for IP from

Interested followers of Spicy IP may be interested in the First Indian Patent Institute Symposium that is going to be offered in Bangalore on August 3-5, 2011, by the Franklin Pierce Center for Intellectual Property ...

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Court Report - Part II from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Bayer CropScience AG v. Dow Agrosciences LLC 1:10-cv-01045; filed December 3, 2010 in the District ...

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USPTO Implements Pilot Program Extending Provisional Application Period from

By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office announced that it will be implementing an Extended Missing Parts Pilot Program that "will effectively provide a 12-month extension to the existing 12-month ...

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Plaintiff's Incorporation in EDTX Four Months Before Filing Suit Does Not Compel Transfer of Venue from

In denying defendants' motion to transfer venue the court found that plaintiff's incorporation in Texas four months before filing suit did not weigh against transfer. "[S]ince [plaintiff] filed its complaint four months after ...

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An Examination Of Patent Sausage-Making from

As I’ve discussed on this blog, and elsewhere, the Interval Licensing case against Google and several other search, advertising and e-commerce companies makes for a fascinating study on many levels.  In particular, the actions ...

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Criminal Nature of False Marking Claim and Resulting Public Harm Warrant Denial of Stay from

The court denied defendant's motion to stay plaintiff's false marking action pending a final determination by the ITC in an action where defendant was not the respondent. "Even assuming [plaintiff] itself would not ...

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Europe Told Of Obligations On Virus Benefit-Sharing from

In what may be the first legal reference to newly adopted international rules on sharing the benefits of and access to genetic resources, nongovernmental groups have sent letters to top European health officials reminding them ...

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Warner Brothers Admits Yogi Bear Video Likely a Protected Work of Parody from

What at first glance might look like a viral marketing campaign for the new Yogi Bear movie, soon reveals itself as a dark parody by 25 year-old animator Edmund Earle. The video recreates the climax ...

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Does Chinese academic fraud result in unreliable patent data? from

In Dutch daily NRC Handelsblad of December 11 Oscar Garschagen wrote[1] about massive fraud in Chinese academia.  NRC cites Fang Shimin, a freelance writer and self-appointed watchdog of research misconduct who was recently brutally ...

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Climate Change Talks Find Make-Do Solution; IP Rights Dismissed from

The United Nations climate change conference closed at dawn last Saturday, with a make-do package of decisions advantageously labelled the “Cancun Agreements”. Intellectual property rights have all but disappeared from the texts as Bolivia stood ...

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Intangibles take a hit in the "recovery" from the Great Recession from

This morning the BEA released its revisions of the industry-by-industry GDP data for 2007-2009. And it has a startling fact:

Downturns in durable-goods manufacturing and professional, scientific, and technical services along with the continued contraction ...

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Newsweek Article – Famous Accidental Inventions. from

There is an interesting photograph-based article on famous “accidental” discoveries and inventions at the Newsweek website, located here.  Per the article:

Some of the biggest game-changing inventions and discoveries of our time were not the ...

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LoTempio Law Blog One Year Anniversary from

LoTempio Law Blog just turned one year old. It is hard to believe it has already been a year since I started writing this blog. Looking back I wonder where the time went.

I would ...

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Patent Sausage Epilogue from

In the spirit of my earlier post about the fight between Google and Interval, I came across an interesting quote from Judge Leonard Davis.  After agreeing, just like the Judge Pechman in the Interval case ...

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