Patent & IP news for March 14, 2011

Patent Litigations



Patent & IP Blogs

post image The plagiarism tradition in Indian academia from

A guru, according to Upanishadic interpretation, is the one who has the power to dispel darkness. Today's post, about a guru and her student, comes from the district of Bhagalpur in Bihar. Those of ...

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post image Trademark Infringement: No confusion just Dilution from

T.V Venugopal v. Ushodaya Enterprises (Click here for the judgment on indiakanoon)

The Appellant is the sole proprietor of Ashika Incense, incorporated in Bagalore that manufactures incense sticks. The appellant has adopted the mark ...

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post image Registration In A Day -- Trademark's Believe It Or Not! from

Many readers seem to have misconstrued a post that ran yesterday on the blog, about a company/website apparently claiming to be able to obtain a trademark registration in 24 hours. It was certainly NOT ...

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post image Horses for courses as F-dispute is 'wheely' settled from

Looks like a Ferrari,
handles like a Ford ...
While the IPKat prefers to prowl around on foot, he has noticed that many bipeds -- perhaps because they have so few legs -- prefer to travel by other ...

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post image Monday miscellany from

Towards the end of December the IPKat reported on a curious case from Nigeria in which a court had to decide whether to grant interim injunctive relief in a patent infringement action involving voting machines ...

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post image Article One at the EPO's "Search Matters 2011" Conference from

Once again, the Article One Team is traveling the world to spread the word about the use of crowdsourcing for patent quality!  This week, President of North America, Ray Felts, is in The Netherlands at ...

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post image Oral Copyright License Of Ben Hogan Photographs Predictably Ends In Lawsuit from

Los Angeles, CA – An oral agreement is usually not the greatest way to memorialize the parties’ duties and rights for copyrighted material, and this is certainly not the first or last such dispute. See here ...

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post image Creative Commons: a clarification from

Creative Commons symbols -- or an
infringement of the Olympic logo? 
Last Monday the IPKat posted this piece by Maxine Horn, CEO of Creative Barcode, which sought to explain the difference between Creative Commons and Creative ...

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post image Innocent ... until politely requested to be guilty from

The IPKat has received various pokes and prompts to write something on the Innocent dispute, which has received some coverage in the British press.  Fortunately, before he could respond to any of them, his friend ...

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post image Historically Significant Patents - March 14 from

This week, Article One has prepared the history of two patents that changed our daily lives, including the cars we drive and the medicine we use when we get sick. Did you know that, in ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Braintree Laboratories, Inc. v. Novel Laboratories, Inc. 3:11-cv-01341; filed March 9, 2011 in the District ...

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ICICI jingle now trademarked! from

Private sector major ICICI Bank limited has registered its jingle as a  trademark. The notes forming the jingle have been registered by the registrar of Trademarks. This development definitely points towards a new chapter in ...

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Choosing a trademark: Free Teleseminar March 23rd @ 2pm EST from

Join Erik M. Pelton & Associates on March 23rd, 2011 (2 pm E.S.T.) for a free teleseminar featuring tips and strategies for choosing a new brand name. Whether re-branding or launching a new product ...

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D. Delaware issues some rulings in fentanyl case from

From a press release, Morristown, NJ, 14 March 2011:

Watson Pharmaceuticals, Inc. , today announced that the United States District Court for the District of Delaware has ruled that Watson's generic version of Fentora® (fentanyl ...

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New York Times: the Internet has usurped the primacy of the printing press from

The first paragraph of a New York Times story on the zu Guttenberg plagiarism matter states:

A plagiarism scandal cost Karl-Theodor zu Guttenberg his job as defense minister of Germany. It also laid bare a ...

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On changing positions from

All things pros has a post titled Arguments guaranteed to lose: the Examiner changed his position going back to In re Ruschig, 379 F.2d 990, 993 (CCPA 1967).

As to litigation, note the recent ...

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Under Armour's biometric shirts for Tottenham Hotspur from

Tottenham Hotspur, the London football club, has announced a five-year kit deal with American sports clothing manufacturer Under Armour from the 2012/13 season. The club's press release does not...

(From Steve van Dulken ...

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Information policy -- a forgotten area from

Information policy is one of the forgotten areas of public policy. Not that it isn't a hot topic in many of its specific manifestations. Take for example the debate over privacy. That can be ...

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They Invented What? (No. 197) from

U.S. Pat. No. 2,294,569: Pie slice lifter. JW Note:  In honor of Pi Day.  We hope you remember to celebrate on time (3/14 at 1:59 PM . . . Einstein’s Birthday). Having ...

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Monitoring athletic performance: recall Microsoft's 20070300174 from

Remember the matter of patenting sports moves? [ "They're back!": patenting sports moves ] Now, we have a patent application on measuring biometric data. Maybe someone can combine the two concepts!

Abstract of WO 2010085688 (SYSTEM ...

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International Seed Treaty Hears Concerns Of Corporate Concentration, DNA Patenting from

The International Treaty on Plant Genetic Resources for Food and Agriculture is holding the fourth regular session of its Governing Body this week in Bali, Indonesia. Related Articles:

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Post-Disclosure Grace Period – Unique but Good Policy from

Guest Post by Canadian Patent Attorney David French of Second Counsel. He also writes the Canada Patent Blog. The U.S. Senate has now passed its new patent bill, S. 23. Numerous comments have been ...

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Red Hat feeds the patent trolls and fools the FOSS community from

I have dug up a court filing that reveals one of the best-kept secrets in the open source industry: Red Hat coughed up $4.2 million in June 2008 to settle a patent infringement suit ...

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Who is Suing for Patent Infringement? from

Kyle Jensen and his group at PriorSMart maintain an incredible database of patent litigation. Last week Kyle provided me with some interesting data on patent filings over the past decade for one of my ongoing ...

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Draft Review Finds No WHO Malfeasance On Pandemics from

The draft report of the committee reviewing the World Health Organization's actions in response to the 2009 spread of H1N1, or bird flu, has been issued. Looks like the WHO may be cleared. Related ...

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New Leadership At Brazil’s Copyright Office Raises Questions from

The head of the Brazilian intellectual property office was recently removed by the new Culture minister, replaced by an official who has some wondering if a swing toward stronger copyright protection is in the works ...

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Twitter Alleges Trademark Infringement from

Recently, Twitter suspended two of its affiliates Twidroid and Uber Twitter for alleged trademark infringement and privacy violations. The interesting thing is that it appears that UberMedia, the owner and operator of the third-party Twitter ...

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Patent Drafting: Defining Computer Implemented Processes from

So what information is required in order to demonstrate that there really is an invention that deserves to receive a patent? When examining computer implemented inventions the patent examiner will determine whether the specification discloses ...

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Patent Players In Glass Houses Shouldn’t Point Fingers At Thrown Stones from

It takes a thoroughly mixed metaphor to sort through the mixed statements and actions coming from those screaming the loudest in favor of so-called patent “reform.”  For example, Google’s head of Patent Strategy, Michelle ...

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Copyright System Must “Adapt Or Perish,” WIPO Director Says from

The traditional copyright system’s balance for encouraging yet controlling access to copyrighted works in order to extract value for them has met with a destructive force in the internet that it cannot overcome without ...

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Combine Claim Elements to Avoid Infringement from

Claim drafting is one of the harder aspects of preparing a patent application.  The reason is that the patent attorney must balance broad claim langauge and avoiding the prior art.  A broad claim is desireable ...

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Issues to consider when structuring medical device development and license agreements from

Physicians often contract with medical device manufacturers to provide services relating to new technologies. For example, the doctor may help the manufacturer develop a new device, or the doctor may help test an existing device ...

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District Court Grants Defendant's Motion for Summary Judgment in False Making Case from

Heathcote Holdings Corp. v. William K. Walthers, Inc. (N.D. Ill. Mar. 11, 2011)

In this case, the Court concluded on summary judgment that "defendant did not knowingly include false patent markings on [the accused ...

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Top Patent Infringement Plaintiffs and Defendants - The Past Ten Years from

Take a look at Dennis Crouch's March 14, 2011 post at Patently-O providing: Number of patent infringement lawsuits filed by the top-25 patent lawsuit plaintiffs during the past ten years; and The count of ...

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Microsoft v. i4i – Part III: Changing the Presumption of Validity: Impact on Reexamination Practice from

Posted March 14, 2011 The prior post discussed only some of the many options the Supreme Court has in the Microsoft v. i4i case (i4i).  In summary, the presumption of validity of a patent as ...

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