Patent & IP news for January 20, 2011

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Patent & IP Blogs

post image Callaway Golf’s Last Stand in Patent Reexamination from

Golf Ball Brawl Heard at BPAI

Yesterday, the Board of Patent Appeals & Interferences (BPAI) heard oral arguments in the longstanding dispute between Callaway Golf and Acushnet. Acushnet is the parent company of Titleist, maker of ...

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post image New Patent Reform Bill Coming Tuesday from

Senate Judiciary Committee Releases Bill

As I discussed earlier this week, the patent reform debate will begin anew in a matter of days. Today, a bipartisan group of Senators announced their intention to introduce new ...

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post image PLI’s Winter 2011 Schedule Full of Great IP Programs from

From the shameless commerce division, with at least a mild dose of self promotion, I am here to tell you about some of the intellectual property programs that the Practising Law Institute (PLI) has in ...

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post image TI:GERs and Yellow Jackets: Innovation At Georgia Tech from

Recently I came across a program at my alma mater called TI:GER (Technology Innovation: Generating Economic Results). It was apparently created in 2002, which is well after I stopped looking for work as ...

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post image Patent Office Orders Reexamination of Tax Related Patent from

Scott Daniels, partner in the firm Westerman, Hattori, Daniels & Adrian, and the primary author of Reexamination Alert™, recently happened across a rather rare reexamination story.  See PTO Director Initiates Reexamination Against Gift Tax Patent.  Earlier ...

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post image How to Search Legal Opinions on Google Scholar from

Google has updated their Google Scholar search system to allow users to specify individual U.S. Federal or State Courts while searching for legal opinions. This change makes searching more streamlined and offers hope that ...

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post image "Put up in time, or shut up": Court of Appeal rejects IPCom's arguments in UK leg of international patent battle with Nokia from

This morning the Court of Appeal (Jacob and Sedley LJJ and Norris J) handed down its judgment in Nokia v IPCom [2011] EWCA Civ 6.

By way of back story: IPCom (described in the judgment ...

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post image When it's too late to mend a broken patent from

The decision of the Court of Appeal for England and Wales in Nokia GmbH v IPCOM GmbH & Co KG [2011] EWCA Civ 6 was delivered today by Lord Justice Jacob, speaking on behalf of his ...

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post image Companies Adopting Open Innovation Must Incorporate Patent Information at the Front End from

(Editorial note:  This is a repost from this blog over 2 years ago, but the content is more relevant than ever.  On January 20, 2010, I am participating in a webinar with Ben ...

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post image Springy Construction from

Two concomitant litigations between Arlington and Brideport over 5,266,050 & 6,521,831, in the same district court, produced different constructions of the same claim term. The later case (Arlington II) construed "spring metal ...

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post image Sometimes a Pig is Just a Pig from

Moody v. Morris, PBS, et al. (Fed. Cir. 2010)

In 1993 and 1994 Kyle Morris and William Kirksley filed several patent applications all directed toward animated captioning “coordinated with oral-word utterances.”  The idea was to ...

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All Things Pros from

[Guest Post by David Boundy. David is a Vice President and Assistant General Counsel for Intellectual Property for a prominent Wall Street brokerage firm. The views he expresses here are not those of the firm ...

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USPTO News Briefs from

By Donald Zuhn -- USPTO and IPAU Extend PPH and Agree to New PCT-PPH Programs Today, the U.S. Patent and Trademark Office and IP Australia (IPAU) announced that the two offices had agreed to extend ...

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Greenwashing in Context and other Green IP at AIPLA Orlando from

I will be speaking at the American Intellectual Property Law Association’s (AIPLA) Mid-Winter Institute next month in Orlando as part of a panel on green IP.

The other speakers on the panel - called “IP ...

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Using publicity to fight trademark cases from

In recent years, more trademark defendants have taken their case to the public – often using social media – to pressure the accuser to reconsider its position. For example, see South Butt, Vermonster dispute, or Wikipedia’s ...

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Novo Nordisk's US 6,677,358 found invalid, unenforceable in ED Mich from

Judge Avern Cohn of the US District Court for the Eastern District of Michigan found claims of Novo Nordisk's US Patent No. 6,677,358, relating to Prandin (repaglinide ), invalid and unenforceable.

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Regulatory review and innovation from

On Tuesday, President Obama signed Executive Order 13563 on Improving Regulation and Regulatory Review. This Executive Order could be a big step forward in our goal of harnessing the power of intangible assets for economic ...

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A Few Recent USPTO Developments from

A New Way to Comment on the MPEP
The USPTO has begun offering an alternate method for commenting on selected chapters of the Manual of Patent Examining Procedure (MPEP). This new approach is modeled after ...

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Settlement Documents From Earlier Lawsuit Involving Patent-in-Suit Not Discoverable from

The court denied defendant's motion to compel settlement documents from another case involving plaintiffs and one of the patents-in-suit. "The Court concludes that plaintiffs’ confidentiality interests in the [other] settlement agreement, as well as ...

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Use of Invention from

  • We hold that to “use” a system for purposes of infringement, a party must put the invention into service, i.e., control the system as a whole and ...

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Microsoft battles Apple’s “App Store” Trademark Registration from

Ivy Tsui is a JD candidate at Osgoode Hall Law School In 2008, Apple filed a trademark application with the U.S. Patent and Trademark Office for the name “App Store” (serial number 77525433). Microsoft ...

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"Companies must compete with us by inventing their own technologies, not just by stealing ours." from

On January 18, 2011, Apple sued Nokia in England [ Apple Inc. v. Nokia Corp., HC11C00093, High Court of Justice, Chancery Division (London) ].

Of an included challenge to one of Nokia's patents, Mark Durrant of ...

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Update on Butamax v. Gevo Patent Infringement Case from

In a follow-up to my January 17post, Bryan Sims, Associate Editor forBiorefining Magazine, writes in anarticletoday, January 20, 2010:

Upon the request ofBiorefining Magazine, Gevo issued a rebuttal statement regarding ...

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New Front Opens in Wind Patent War as Mitsubishi Stages Intervention from


What began as a separate action may become formally linked to the largest extant U.S. wind power patent war as Mitsubishi has requested to intervene in a lawsuit brought by GE against a former ...

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Microsoft attacks trademark validity of “App Store” from

By Scott Nyman Apple has its “App Store,” Android has its “Market,” and Windows Phone 7 is beginning to feel a little left out. Maybe this is why Microsoft has recently filed a motion with ...

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Writ petition questioning competence of IPAB from

Economic Times lately reported that a group of patent lawyers under the aegis of a newly formed public interest group, Promoting Public Interest Lawyering (P-PIL) have filed a writ petition challenging the legality of the ...

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