Patent & IP news for January 5, 2011

Patent Litigations



Patent & IP Blogs

post image The IPKat and his friends: a reminder from

Visiting an IP weblog can be a fruitful experience:
there's so much information for you, served up on a plate
The IPKat is far from alone in the provision of news and views via ...

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post image Saddle Up from

Rattlesnakes still saunter by the side of the road in east Texas, but the biggest of them all doesn't want to be there: Microsoft. Continuing its crusade against the local cottage industry of patent ...

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post image Adieu 25% rule? At least in US litigation from

Licensing and litigation experts are well acquainted with the 25% rule for calculating a reasonably royalty which a licensee might be prepared to pay to the patent proprietor when licensing a patent. The rule has ...

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post image Chemical Data Access Tool from the US Environmental Protection Agency from

Another day, another free source of non-patent data from the US Government! Folks seem to like hearing about these (especially because they’re free, methinks) so today we’ll take a look at the Chemical ...

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post image Coated from

The evidence herein is anecdotal, but the pattern is unmistakable: an incompetent BPAI decision is overturned by the CAFC. Glatt Air Techniques had one of its particle coater patents, 5,236,503, rejected over obviousness ...

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post image Patent office rejects Abbott's application on HIV drug from

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The Indian Patent office has rejected Abbott's patent application on its heat-stable version of Lopinavir/Ritonavir drug ( sold under the brand name “Kaletra” ) on grounds including failure ...

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post image Outsourcing to India: National Security Subversion & Job Loss from

On July 23, 2008, the United States Patent & Trademark Office published an interesting notice in the Federal Register reminding patent attorneys and patent agents that there appears to be widespread and open violations of the ...

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post image IP reform does boost foreign direct investment, says Harvard Working Paper from

"Has the Shift to Stronger Intellectual Property Rights Promoted Technology Transfer, FDI, and Industrial Development?" This question is the title of a Harvard Business School Working Paper prepared by the threesome of Lee Branstetter, C ...

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Steve Burrill Makes Predictions for the Biotech Industry in 25th Annual Report from

By Kevin E. Noonan -- In his latest report on the biotechnology sector ("Biotech 2011 – Life Sciences: Looking Back to See Ahead"), Steve Burrill (at right), CEO of Burrill & Co. continues the theme he has advanced ...

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Jonathan Rothberg's Personal Genome Machine from

I've just read an interesting article in Forbes magazine, called Gene machine. Jonathan Rothberg, the founder and CEO of Ion Torrent, has developed a "desktop gene machine", which he calls the...

(From Steve van ...

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The John Wheeler matter from

Philly television has been carrying various stories of the John Wheeler matter. Wheeler, a West Point graduate who held a law degree from Yale, ended up (dead) in the Cherry Island landfill near Wilmington, DE ...

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Because You Did Miss It … 5 Least Popular Blog Posts Of 2010 from

As I catch up on some of the blogs I missed over the holidays, I can’t help but notice that “top posts” lists seem to litter the information superhighway like so many potato chip ...

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China's new patent strategy from

As readers of this blog know, one of our themes is that the I-Cubed Economy is a global phenomena. Innovation is not the sole purview of America or of the so-called "developed" nations. Other countries ...

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North Carolina Breath and Alcohol Testing Unit May Infringe “Batman” Trademarks from

By: Mark R. Malek I came across this story and was so shocked that all I could say was “Holy Trademark Infringement Batman.”  Check out the video posted by Rich Johnston.  They go so far ...

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Paul Allen and Patent Reform from

John Oram of BSN posted an interesting article on Sunday titled, Patent Troll Alert: Paul Allen Tries Again to Scam the World. Paul Allen has filed a patent infringement suit against Apple, Google, Facebook, eBay ...

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CAFC Nixes 25% "Rule of Thumb" Application For Estimating Patent Damages from

Uniloc USA, Inc. v. Microsoft Corp., No. 2010-1035 (Fed. Cir., January 4, 2011)

35 U.S.C. §284 provides that on finding infringement, damages shall "in no event [be] less than a reasonable royalty for ...

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Difficulty Determining Expiration of Patent Requires False Marking Complaint to Plead Knowledge of Expiration with Specificity from

Defendant's motion to dismiss plaintiff's qui tam false marking action for failure to state a claim was granted. "[T]he Complaint fails to allege that [defendant's products] were marked after the expiration ...

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Damages Award Exceeding Stipulated 4% Royalty Rate Was Not Excessive from

Defendant's motion for judgment as a matter of law on damages was denied even though the jury awarded damages greater than the 4% royalty rate the parties had stipulated was reasonable. "'A reasonable royalty ...

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CAFC reverses Board in Glatt case as to finding of obviousness from

The CAFC identified the two issues:

First, Glatt contends that the
Board has not made a proper prima facie case of obvious-
ness because Naunapper does not teach shielding the
nozzle to prevent particles from ...

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Escape from ED Texas: Microsoft wins mandamus/§ 1404(a) action from

The CAFC noted:

Although a trial court has great discretion in
these matters, we have applied Fifth Circuit law in cases
arising from district courts in that circuit to hold that man-
damus may issue ...

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Judge Michel (ret.) & Congressional Staffers to Discuss Patent Reform from

DC Bar Program January 12, 2011

Next week the DC Bar Association will host a “Patent Reform Update.” (details here). The panel will discuss the perceived needs for patent reform and the outlook for 2011 ...

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In re Microsoft: Presence Created Solely for Purposes of Litigation Does Not Support Venue from

By Jason Rantanen

In re Microsoft Corporation (Fed. Cir. Order 2011)
Panel: Newman, Friedman, Laurie (per curium)

The Federal Circuit's decision in In re Microsoft, which granted Microsoft's request for a writ of ...

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PCT Applications – Top National Stage Countries for 2010 from

With 2010 in the books, we decided to take a look back at which countries were the most popular national stage destinations for our clients in the past year. 

inovia ranked 4th last year ...

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The role of Open Intellectual Property Platforms from

Working guidelines and processes;

Application of the framework – Case study: Innovative Medicines Initiative

Our case study results shows that a novel creation of knowledge markets can be argued to occur whenever IP transactions – that provide ...

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Transfer from


  • "A motion to transfer under § 1404(a) calls upon the trial court to weigh a number of case-specific factors relating to the convenience of the parties and witnesses, and the ...

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IP & Traditional Cultural Expressions: An Unnatural Alliance? from

Incorporating traditional cultural expressions into an intellectual property system will be an uphill battle, warned a panellist at a recent side event at the World Intellectual Property Organization. But, argued another, it could be one ...

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IP-Watch In Podcast On Patent Trolls + IP And Development from

Intellectual Property Watch Director and Editor-in-Chief William New recently participated in a podcast discussing IP and development, particularly at WIPO, and the latest on patent trolls around the world. Related Articles:

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Mistake #3 when arguing at the BPAI: Failing to address Examiner's specific findings from

I'm starting off 2011 with my "Top 10 Mistakes in Arguing on Appeal to the BPAI." In this post I'll elaborate on Mistake #3: Failing to address Examiner's specific findings.

In discussing ...

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Curation, done well, takes a lot of time from

A comment from this excellent blog post describes one of our core values here at Docket Navigator:

"Curation has to be tough and time-consuming. . . . The few (small minority of) people who do it well spend ...

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China’s Challenge to Western’ Concept of Innovation from

At the 3rd Global Forum on Intellectual Property held in Singapore today and tomorrow Prof Peter Williamson of the Judge Business School, Cambridge, UK, presented his interesting view[1] on Chinese costs innovation and how ...

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