Patent & IP news for January 4, 2011

Patent Litigations



Patent & IP Blogs

post image Top 5 Patent Search Resolutions for 2011 from

Around this time of year, it’s in vogue to promise yourself that you’ll be better this year. No more indulging in fatty diets, no more putting off that novel you want to write ...

Share via E–mail | Twitter | Facebook

post image Wintersteiger 2: the mechanism for commenting on Court of Justice references from

If the Intellectual Property Office can
sort this little problem out, government
will get free advice from well-informed
stakeholders -- IP owners, industry
and trade groups, consumers ...
A spin-off from last week's Katpost on Wintersteiger ...

Share via E–mail | Twitter | Facebook

post image Spain: Modification of EP translations from

On November 4, 2010, Spanish Supreme Court has granted three appeals filed by Pfizer and Warner-Lambert regarding denial of modification of translations of three of their European Patents.

According to the Spanish reservation for product ...

Share via E–mail | Twitter | Facebook

post image More on the "Lindt bunny (reindeer, ribbon and Storck mouse) shape" cases from

While we are still snacking on our Christmas confectionery -- or a determinedly trying to stay away from everything that is calorific, this Kat has finally found a quiet moment to translate and summarize the General ...

Share via E–mail | Twitter | Facebook

post image Patents, Penalties, Prejudice and Poker: it's litigation costs again from

An essential piece part of the
patent litigation team's equipment
Intellectual property solicitor and litigation expert Chris Ryan is also something of an academic, which explains both the content of the following note and ...

Share via E–mail | Twitter | Facebook

post image The Envelope Please: ABA Top 100 Blawg Results Announced from

On November 30th, 2010, the Editors of the ABA Journal had announced the selection of the top 100 best law blogs by lawyers, for lawyers.  Readers were then given one full month to vote for ...

Share via E–mail | Twitter | Facebook

post image Locking Up Damages from

Uniloc sued Microsoft over its product activation software, infringing Uniloc's 5,490,216. Uniloc convinced a jury of willful infringement, to the tune of $388 million, plus $86 million in interest. Microsoft then swayed ...

Share via E–mail | Twitter | Facebook

post image Wintersteiger 1: the facts from

I don't mind the skiing, said Fritz,
but I don't see why I have a do it
while dressed in a tea-cosy
The IPKat posted a note last week on Case C-523/10 ...

Share via E–mail | Twitter | Facebook

post image On-line Music in China: Harbinger or Outlier? from

After a decade of efforts, the jury is still out: what are the long-term prospects for convincing consumers to pay for recorded music in an online/digital world. Sure, we have the per item model ...

Share via E–mail | Twitter | Facebook

post image Microsoft Wins at CAFC, 25% Reasonable Royalty Rule Dies from

Earlier today Uniloc USA, Inc. won a partial victory today in an appeal to the United States Court of Appeals for the Federal Circuit in their case against Microsoft.  See Uniloc USA, Inc. v. Microsoft ...

Share via E–mail | Twitter | Facebook

Biotech/Pharma Docket from

By James DeGiulio -- Takeda Completes Settlements with 11 Generics, Finally Ending Actos Patent Dispute Takeda has completed settlements with all defendants in the patent litigation brought against several generic companies in response to their ANDAs ...

Share via E–mail | Twitter | Facebook

Top Stories of 2010: #8 to #5 from

By Donald Zuhn -- Reflecting upon the events of the past twelve months, Patent Docs presents its fourth annual list of top biotech/pharma patent stories. For 2010, we identified a dozen stories that we covered ...

Share via E–mail | Twitter | Facebook

Who Will Infringe That Method Claim? from

In Akamai Technologies, Inc. v. Limelight Networks, Inc., the Federal Circuit clarified the requirements for establishing joint infringement—a theory of direct infringement that may be used when a single party does not perform all ...

Share via E–mail | Twitter | Facebook

Hybrid air vehicles from

I was watching the BBC news this morning and there was a feature on a hybrid airship which could behave like a helicopter, and which was by a British company called Hybrid Air Vehicles. Apparently ...

Share via E–mail | Twitter | Facebook

Recent trademark registrations from

Here is another sampling of recent registrations our clients have received from the USPTO, so readers can see real examples of brands and marks which are being protected [click trademark or logo to open USPTO ...

Share via E–mail | Twitter | Facebook

Admissions & Patent Reexamination Requests from

Litigation Based Rationale Falls Flat Before USPTO

As the truism goes in patent litigation circles, “that which infringes if later, anticipates if earlier.” Yet, in the last patent reexamination decision of the Board of Patent ...

Share via E–mail | Twitter | Facebook

Structural unemployment - follow up from

Apropos yesterday's posting on structural versus cyclical unemployment, here is an interesting posting by Catherine Rampell in the Economix blog of the NY Times -- The Jobs They Are A-Changin':

A large fraction of displaced ...

Share via E–mail | Twitter | Facebook

A scary thought from

FYI -- from Bruce Bartlett The Very Real Threat of a U.S. Debt Default. Bruce is not exactly a flaming liberal (having worked for both Ron Paul, Jack Kemp and Ronald Reagan and having served ...

Share via E–mail | Twitter | Facebook

Paul Allen’s Amended Patent Lawsuit – A Lesson In How To Read Claims from

Paul Allen’s lawsuit against Google and other search, advertising and e-commerce companies is attracting a lot of attention, including explanations from folks like me about how the lawsuit demonstrates one way to profit from ...

Share via E–mail | Twitter | Facebook

Patent Pending, Marking from

I’m sure you’ve seen the words “patent pending” or “patent applied for” on a product or package before.  What exactly do these phrases mean?  What legal rights are attached to them?


Patentees ...

Share via E–mail | Twitter | Facebook

Update your Copyright Notice! from

By Aaron B. Thalwitzer The New Year is upon us and the holiday season behind us, so let’s get right to it, shall we? Now is the time to update your copyright notice for ...

Share via E–mail | Twitter | Facebook

Submit New Evidence in Appeal from USPTO from

You file a patent application. You go through a couple of rounds with the examiner but are unsuccesful in obtaining a patent grant. You appeal to the Board of Patent Appeals and Interferences (“BPAI”) arguing ...

Share via E–mail | Twitter | Facebook

“Mind-blowing numbers” from

Steve Lohr in the New York Times writes of the recent Chinese government document describing goals for increasing the nation’s production of patents:

In a recent interview, David J. Kappos, director of the United ...

Share via E–mail | Twitter | Facebook

CAFC reverses DRI: Microsoft did infringe Uniloc patent from

Further to an earlier IPBiz post [
Rhode Island patent jury “lacked a grasp of the issues before it"; Microsoft gets win in Uniloc case
], the CAFC reversed the District Court of Rhode Island, and upheld ...

Share via E–mail | Twitter | Facebook

More on "broadest reasonable interpretation" [BRI] from

See the Bacon & Thomas blog for the post Broadest Possible Interpretation Versus Broadest Reasonable Interpretation.
BPAI case of Ex parte Childers (app 10/286,314)

Separately, see Jim Singer on COURT: “AGREEMENT TO ASSIGN” A ...

Share via E–mail | Twitter | Facebook

Discovery, not dissertation from

In text describing his departure from the Village Voice, political columnist Wayne Barrett wrote:

My credo has always been that the only reason readers come back to you again and again over decades is because ...

Share via E–mail | Twitter | Facebook

Appeals Court Finds Microsoft Infringed Uniloc’s Patent And Grants New Damages Trial from

Washington, D.C. – The Court of Appeals for the Federal Circuit (“CAFC”) overturned the district court’s finding of non-infringement. After Uniloc won a jury award of $388 million, the district court granted judgment as ...

Share via E–mail | Twitter | Facebook

Uniloc v. Microsoft: The 25 Percent Rule of Thumb Is No More from

By Jason Rantanen

Uniloc USA, Inc. v. Microsoft Corp. (Fed. Cir. 2011)
Panel: Rader, Linn (author), Moore

Uniloc v. Microsoft involves a host of issues, although one stands out as particularly noteworthy.  While  "passively tolerat ...

Share via E–mail | Twitter | Facebook

Federal Circuit requires agency relationship or contractual obligation for joint infringement from

To establish infringement of a method claim, a patent holder must show that all of the recited steps in the claim are performed by a defendant.  If the recited steps are not performed by a ...

Share via E–mail | Twitter | Facebook

Patent On AIDS Medicine Denied In India; Seen As Unlocking Market from

A decision by the Indian Patent Office to reject a patent on an AIDS drug last week has drawn acclaim from civil society and Indian generic pharmaceutical industries. The decision was not based on a ...

Share via E–mail | Twitter | Facebook

That pesky valuation problem from

Today, the U.S. Court of Appeals for the Federal Circuit threw out the 25% royalty rate rule of thumb for calculating damages in a patent infringement case (see the Wall Street Journal "Court Changes ...

Share via E–mail | Twitter | Facebook

New Guide To TRIPS Health Provisions In FTAs from

A new policy guide has been released that analyzes the public health effects of intellectual property rights provisions in bilateral trade agreements. The guide has a special focus on the Eastern Mediterranean region. Related Articles ...

Share via E–mail | Twitter | Facebook

Warning Labels Threaten Tobacco Trade-marks – Or do They? from

Dan Whalen is a JD candidate at Osgoode Hall Law School In late December, industry leader British American Tobacco won permission in Australian courts to pursue damages against a local importer for infringing upon one ...

Share via E–mail | Twitter | Facebook

Gibson Guitar sues Paper Jamz for Trademark Infringement from

In the last few years, games such as Rock Band and Guitar Hero have turned everyday Joe’s into rock stars. Following this trend, the new toy guitars called “Paper Jamz” feature pre-programmed songs that ...

Share via E–mail | Twitter | Facebook

Mistake #2 when arguing at the BPAI: Arguing outside the claims from

Continuing with my Top 10 Mistakes in Arguing on Appeal to the BPAI, in this post I'll discuss Mistake #2: Arguing outside the claims.

In discussing Mistake #1, I said that you need to ...

Share via E–mail | Twitter | Facebook

Some content © 2007–2014 RPX Corporation.
Terms of Service & Privacy Policy
For DMCA requests contact