Patent & IP news for January 12, 2011

Patent Litigations



Patent & IP Blogs

post image Luxury Goods and the "China Price" from

There are few areas of the trademark and brand-driven business that I find more interesting than luxury brands. When trademark law took shape in the 19th century, marks and signs primarily served the honorable, but ...

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post image CAFC Reversal Cites Patent Reexamination Claim Interpretation from

Broadest Reasonable Interpretation (BRI) an Outer Limit?

In a district court (or the ITC) patent claims are interpreted based upon the presumption of validity accorded issued patents as guided by controlling claim construction precedent.  Phillips ...

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post image The Roberts Supreme Court: Pro-Business and Anti-Patent? from

John Roberts, Chief Justice of the United States Supreme Court

The latest edition of Fortune magazine has John Roberts, Chief Justice of the United States Supreme Court, on the cover. The Fortune cover proclaims that ...

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post image False Marking Update: Good News for a Change from

How my client prevailed in the first round of a false marking lawsuit

In November, 2010, I wrote a blog post where I talked about a client who was sued for false marking, even though ...

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post image Divorced from

Divorce always involves paperwork. In this case, Juris Zanis Pupols divorced himself from reality long before he filed his patent application for "controllable reciprocating Ac/Dc powered specialty products for life enhancement," which he abandoned ...

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post image Wednesday whimsies from

Today's your last chance to vote in the Starbucks New Logo poll: if you're an email reader and don't often visit the site but would like to vote, just click here and ...

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post image A Look Back: PatBase December 2010 Update from

In November 2010 we previewed the incoming PatBase update by looking at some of its new features and designs–for good or for ill. I have been using the final version of the update for ...

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post image The PTO Paradox: A Gatekeeper Mired in the Past from

Gene and I are true believers in the PTO and its mission. What this means, for me anyway, is that the PTO is given the benefit of the doubt for whatever it is they are ...

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post image P Diddy Trademark Issue with Ididdy from

P.Diddy Opposes “Ididdy” Headphones

Pacific Rim, Inc., maker of a new brand of headphones for iPods and iPhones, apparently isn’t too familiar with pop culture, and possible trademark conflicts with its new “iDiddy ...

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post image Bel Air Lighting Sues For Declaratory Relief Of Copyright Invalidity and Non-Infringement Of Light Fixture from

Los Angeles, CA – Bel Air Lighting is suing Schonbek over the sales of Bel Air’s Portfolio light fixture. Schonbek previously sued Lowe’s Home Centers for copyright infringement for selling the Portfolio light fixture ...

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post image Rambus Tripped Up at USPTO from

Widely Asserted Patent Held Invalid at USPTO

The Rambus patent portfolio is well known, if not notorious, in the semiconductor industry. Over the years, Rambus has aggressively pursued licensing deals with Infineon, Hynix, Samsung and ...

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post image Outhouse from

David Leonhart at the New York Times can't tell a copycat from a thieving rat, calling software piracy "intellectual property theft." "For the United States, the No. 1 problem with China's economy is ...

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post image The Lionel, the Bezpečnostní softwarová asociace and the Wandering Court of Justice from

Watch out, Court of Justice --
you can't appropriate jurisdiction
with impunity!
When the lion roars, do we not all sit up and pay attention?  How much so when it is more than a lion ...

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Senators Let FDA Know Their Intent Regarding Data Exclusivity Provisions of PPACA from

By Kevin E. Noonan -- Members of Congress having sent their letter to the Food and Drug Administration on December 21st (see "Representatives Send Letter to FDA to Explain Data Exclusivity Provisions of Biosimilars Legislation"), on ...

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Rescuing avalanche victims from

Every winter there are tragic stories of skiers who are caught in avalanches. Sometimes it is not possible to dig them out in time. Some skiers carry electronic trackers, and there are also airbags...

(From ...

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Favorite Posts from 2010 from

In recent week, this IPelton blog has acquired a lot of new readers. Perhaps you missed some older posts. Here are some of the most popular and favorite (in my opinion) posts from the last ...

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Team Bimbo from

After buying up a number of American bakeries, including Entemann's and Thomas's English Muffins, Bimbo Bakeries is going into sports, as seen in the headline Phila. Union is now officially team Bimbo .

IPBiz ...

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CPTN (Microsoft/Apple/etc) backs of Novell patent purchase from

The electronista notes:

A consortium of several companies, including Microsoft, Apple, EMC and Oracle, has backed away from its plan to buy a large number of Novell patents. The companies had submitted a plan notifying ...

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Leahy says patent reform is back from

Reuters reports:

The U.S. Senate Judiciary Committee will take another crack at overhauling the nation's patent laws and protecting personal privacy this year, the panel's Democratic chairman, Senator Patrick Leahy said on ...

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Sticky wages and intangible assets from

Yesterday's Wall Street Journal had an article on the plight of the long term unemployed and their drop in wages when they finally find work (Downturn's Ugly Trademark: Steep, Lasting Drop in Wages ...

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Big changes in how workers are paid? from

Here is a heads-up on what could be a major change in how we treat human capital in the US -- specifically "blue-collar" workers. According to a story in today's Wall Street Journal:

GM CEO ...

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Patent Connections: A Patent Does Not Protect Your Products from

I’ve taken to becoming quite frustrated lately with the propagation of the falsity that filing patents can protect your products. Either this statement is incredibly misleading, or patent attorneys have a different interpretation of ...

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Obviousness Type Double Patenting Does Not Require Later-Issued Patent With Shorter Term to Abridge Term of Earlier-Granted Patent With Longer Term from

Following a bench trial, the court found that plaintiffs' cinacalcet drug patents were not invalid for obvious-type double patenting. "Because of the change in patent terms as of June 8, 1995, the '068 and '003 ...

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Regional Patent Offices by Technology – Why Not? from

By: Mark R. Malek After an in depth investigation, we broke the news to you that the United States Patent and Trademark Office planned to open its first satellite office in Detroit in ...

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US Supreme Court Expected To Weaken Patent Validity from

Patents will soon receive less protection in the United States. That’s the view of many experts who have been closely following Microsoft Corp. v. i4i Ltd. Partnership, which will be argued before the United ...

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Sony Sues over Playstation 3 Security Hack from

Stuart Freen is a J.D. candidate at Osgoode Hall Law School. Sony Computer Entertainment America has launched a legal action against a number of computer hackers in an attempt to halt the proliferation of ...

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Mistake #5 when arguing at the BPAI: Failing to address the combination from

Moving through my list of Top 10 Mistakes when arguing at the BPAI, it's on to Mistake #5: Failing to address the combination. I've actually blogged about this one several times before, so ...

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