Patent & IP news for March 21, 2011

Patent Litigations



Patent & IP Blogs

post image 'Open' carries a story on the 'behind-the-scenes' of the Copyright Amendment Bill, 2010 from

'Open' Magazine has carried this interesting piece, by Rahul Bhatia, on the drama behind the Copyright Amendment Bill, 2010. This piece traces the story of how the lyricists and composers were upset with the royalties ...

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post image Sweeping from

Google: "Sweeping software patent claims... threaten innovation." Sounds trollish. Very trollish. But Google was speaking of Microsoft, in reference to its suit against Barnes & Noble over its Nook e-book, which uses the Google Android OS ...

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post image Monday miscellany from

The United Kingdom's Chancellor of the Exchequer presents his budget this Wednesday 23 March, at 12.30pm.  The IPKat will be otherwise engaged at that precise moment, but reminds readers who want to check ...

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post image Pile Driver from

5,355,964 claims a pile driver. In an obscure litigation strategy, owner American Piledriving Equipment drove infringement suits around: in 7 different districts. Each had different claim constructions. Two were on appeal: "Eastern District ...

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Standards and patents in ICT: it's tough to be European from

In an increasingly convergent market both for goods and services, the management and enforcement of intellectual property rights presents an increasing range of options and problems for their owners. This is because, while originally IP ...

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No More Sheen, Ever. from

by Aaron Thalwitzer Charlie Sheen has provided trademark attorneys across the county with a winning stimulus package (couldn’t resist). Over that past few weeks, the marks, “Winning!,” “Uh Winning,” “Winning,” “World Wide Winning Connections ...

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Conference & CLE Calendar from

March 23, 2011 - Antibody Patents after Centocor (Intellectual Property Owners Association) - 2:00 PM (ET) April 5-6, 2011 - International Patent Forum 2011 (Managing Intellectual Property) - London, UK April 6-9, 2011 - 26th Annual Intellectual Property Law ...

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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. Glycobiosciences, Inc. v. Nycomed US, Inc. et al. 2:11-cv-01280; filed March 17, 2011 in the ...

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USPTO Offers Relief to Japanese Applicants from

By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office announced that it would be offering relief to persons effected by the 8.9-magnitude earthquake that struck about 250 miles northeast of Tokyo ...

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Old Reliable v. Cornell: Federal Circuit Again Rejects Award of Attorneys' Fees from

By Jason Rantanen Old Reliable Wholesale, Inc. v. Cornell Corporation (Fed. Cir. 2011) Download 10-1247 Panel: Newman, Mayer (author), and Bryson For the second time this year the Federal Circuit has issued a precedential decision ...

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Fractus, S.A. Patent Reexaminations Ordered from

In large patent litigations it has become more likely to see defendants request reexamination of the patents asserted.  Some of the advantages of doing so were outlined in prior posts. Fractus, S.A., is a ...

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Roadshow v iiNet 2 from

Last month, iiNet (by the skin of its teeth) avoided being found liable for authorising the P2P infringing activities of users of its internet access services. Kim Weatherall and Ass. Pro. David Brennan provide their ...

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Nokia vs IPCom, ongoing UMTS patent litigation in Germany from

Nokia, one of the leading mobile communications suppliers, is further put under pressure in its patent fight against IPCom. Recently, the Finnish company was the losing party in a patent infringement suit before the German ...

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Heath Robinson Machines and Inventions exhibition from

West House in Pinner, Middlesex is hosting a free exhibition called Heath Robinson Machines and Inventions until the 17 April. It is in Pinner Memorial Park. I came across it entirely by accident on...

(From ...

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Factors influencing the decision to file a provisional application; the issue of claims in a provisional from

In 2007, Robert A. Migliorini wrote an article in JPTOS concerning provisional applications titled Twelve Years Later: Provisional Patent Application Filing Revisited [89 JPTOS 437] which presented fact patterns which supported the filing of a ...

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Who will head Commerce? from

Names are beginning to emerge for a new Secretary of Commerce. According to the Washington Post, Eric Schmidt of Google is the front runner for the post. However, Bloomberg also mentions former Pfizer CEO Jeffrey ...

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That Was Unexpectedly…Well…Expected from

In Ex Parte Akio Ochiai, Masakikosuge, and Takao Daicho, Appeal 2010-001367 decided February 14, 2011, the Board of Patent Appeals and Interferences (BPAI) affirmed an Examiner’s obviousness rejection of the claims of the application ...

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IRENI reveals the molecular composition of a sample from

An approach involving synchrotron light allows one to obtain images that depict chemical functionality. An article was
published in Nature Methods on March 20, 2011.

From nanotechwire:

To perform the technique at the Synchrotron Radiation ...

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Live Blogging from 2011 Sughrue Symposium on IP Law in Akron, Ohio. from

We are attending the 2011 Sughrue Symposium on Intellectual Property Law and Policy today.  The Symposium is co-sponsored by The University of Akron School of Law and Sughrue Mion, PLLC, and has been offered on ...

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The demise of claims of US 7,123,708 in inter partes re-examination from

On March 21, 2011, Peerless Network issued a press release about the demise of clams of its competitor's US 7,123,708 in re-examination.

The re-examination of US 7,123,708 to Neutral Tandem ...

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Lilly's Lechleiter: large deals not productive from

Lilly's CEO Lechleiter : "We still see no need for large-scale mergers and acquisition activity. We don't believe large deals in the industry have been more productive than developing our research capability."

The Indianapolis ...

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Consumer Watchdog blasts "Schmidt at Commerce" possibility from

In a letter advising against appointing Google CEO Eric Schmidt Commerce Secretary, Consumer Watchdog noted:

“Google’s business model is the exploitation of personal information and data so that consumers can be targeted with advertising ...

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Historical Patents - Umbrella and Cloak of Invisibility from

By Catherine Zielinski
Unforgettable Umbrella Patent


The Umbrella was a fantastic invention and has led to a variety of different designs. Unfortunately, once you get inside, the umbrella (a.k.a. bumbershoot, brolley, or parasol ...

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US DOJ: Invalidating an Issued Patent Should Require Clear and Convincing Evidence from

Microsoft v. i4i (Supreme Court 2011) US Acting Solicitor General Neal Katyal took over the job after Elana Kagan was nominated to the US Supreme Court. In his role as solicitor, Katyal recently filed an ...

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The need for specific comparative data to rebut prima facie obviousness from

The Bacon & Thomas blog concludes its discussion of the Ex Parte Akio Ochiai case with the observation :

Thus, when relying on an argument of an unexpected or unpredictable result to overcome an obviousness type rejection ...

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Choate sues Intellectual Ventures; academic privateering revealed? from

The IAM blog discloses that Intellectual Ventures is being sued by American political strategist Pat Choate for what he claims is the non-payment of fees in connection with lobbying work in opposition to US patent ...

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Innovention vs. MGA: errors in obviousness from

The conclusion of the case:

For the foregoing reasons, we affirm the district
court’s grant of summary judgment of literal infringe-
ment, and we vacate and remand the district court’s grant
of summary ...

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Microsoft Asserts Patents In E-Readers, Tablets from

US software-maker Microsoft today filed lawsuits for patent infringement against bookseller Barnes & Noble and its makers of Android-based electronic book reader and tablet devices. Related Articles:

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Microsoft sues Barnes & Noble, Foxconn and Inventec over 5 patents infringed by Android -- quick first comments from

I just saw that Microsoft has announced a patent lawsuit against Barnes & Noble, Foxconn and Inventec over five patents allegedly infringed by Android. Barnes & Noble sells the Nook e-book reader. I also read a post ...

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Digitude’s New Patent Monetization Plan – Friend Or Foe To Inventors? from

From a press release issued this week, Digitude Innovations (a company funded with a $50 M investment from Altitude Capital Partners) is announcing a “new patent monetization model.”  Billing this as exciting news for inventors ...

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ED Va claim construction accepted by CAFC in American Piledriving from

Within the CAFC decision:

It is well settled that the role of a district court in
construing claims is not to redefine claim recitations or to
read limitations into the claims to obviate factual ques- ...

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"The Railway Children": 100 year old plagiarism? from

In 1896, Ada J Graves wrote The House by the Railway in which children save a passing train from doom by waving red items, and are subsequently rewarded with engraved watches.

Nine years later, E ...

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Briefs Filed In Supreme Court Case On Lowering Patent Validity Test from

A list of briefs were filed Friday in support of maintaining the high standard in the United States for questioning the validity of patent. The decision of the Supreme Court expected in the coming months ...

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What Happened to the Obama Open Source Initiative? from

President Obama reportedly asked McNealy to prepare a report on how the federal government could employ open source software, but as yet, some 26 months later there has been no mention of the report or ...

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The Patent Act of 1793 from

Recently, I was looking for more information on the state granted business monopoly (business method??)  that was at the heart of the dispute in Gibbons v. Ogden when I ran across the book Gibbons v ...

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Tim Holbrook: Can presumptions save patents' technical nature? from

Are patents legal documents or part of the technical literature? Both, but the balance is currently skewed, says Professor Timothy Holbrook (Emory Law), in Patents, Presumptions, and Public Notice (forthcoming in the Indiana Law Journal ...

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Patently-O Bits & Bytes by Lawrence Higgins from

USPTO willing to accommodate relief those affected by the events in Japan David Kappos issued a statement on March 17th stating that the "USPTO considers the events in Japan on March 11th to be an ...

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North Wales patents library from

A patents library, the first for Wales, has opened at Llandudno Junction as the North Wales centre in the Patlib UK network. My colleague Maria Lampert, Chair of Patlib UK, attended the opening...

(From Steve ...

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To arbitrate, or not arbitrate? That is the question. from

Mark Kohras is a JD candidate at Osgoode Hall Law School. Last Friday, the Supreme Court issued a decision in the case of Seidel v. TELUS Communications Inc. This case highlights a key issue in ...

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