Patent & IP news for March 28, 2011

Patent Litigations



Patent & IP Blogs

post image Responding to the RFI on the Strategy for American Innovation from

Earlier this month, I posted an item on the Commerce Department's Request for Information on Administration's Strategy for American Innovation. I made some comments when the document first come out. But, as I ...

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post image Historical Patents - Cell Phone Invention and Litigation from

By Catherine Zielinski


This week, we look at two critical patents in the cell phone world: the original mobile phone patent, and a patent regarding global text messaging that resulted in litigation surrounding 131 companies ...

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post image No Controller from

Edward K.Y. Jung and Lowell L. Wood, Jr. tried to get a patent for a photo-detector array system. The examiner shot it down for validity. Jung amended independent claims to incorporate a controller, arguing ...

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post image Iconic IP and freedom of expression: the battle lies ahead from

When the IPKat first saw Nadia Plesner's Darfurnica (above), his first thought was that it was designed to reflect the tragedy that recently unfolded in Darfur by recalling the imagery of what is arguably ...

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post image Tatort - no "fairness compensation" for co-creator of TV series intro from

In a recent decision (case reference: 29 U 2749/10 of 10 February 2011) the Higher Regional Court of Munich had to decide on a claim for additional compensation brought by the co-creator of the ...

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post image Lear Automotive v. Johnson Controls -- Live or Die by the Survey? from

Although the Federal Circuit has stated repeatedly that surveys -- when done properly -- can provide valuable evidence for patent damages analysis, litigants must be careful of how they use them, lest their opponents turn the tables ...

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post image LaserDynamics v. Quanta -- Limits to Grain Processing's Non-Infringing Alternative from

In this case, LaserDynamics sued Quanta for infringing a patent for automatically determining the type os disk being used in a optical disk drive.

In the first trial, LaserDynamics received a verdict of $52 million ...

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post image Monday miscellany from

Around the blogs 1. While last week's rejection of the Google Settlement by Judge Denny Chin received plenty of airing (see IPKat here, 1709 Blog here), the Chet Baker Class Action in Canada is ...

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post image Letter from AmeriKat: Return of the AmeriKat from

For anyone who knows the AmeriKat personally and professionally, they will know that during the past seven weeks the AmeriKat has faced a flurry of deadlines, deliberations, duplicitous documents and a dosing of sleep deprivation ...

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post image Sanofi-Aventis v. Glenmark -- After Uniloc, Where Does an Expert Start the Reasonable Royalty Analysis? from

In Uniloc, the Federal Circuit struck down the disfavored 25% "rule of thumb" (which held that, as a "starting place" an expert could start his or her reasonable royalty analysis by presuming that the plaintiff ...

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Improper Cross Appeals from

By Jason Rantanen Aventis Pharma S.A. v. Hospira (Fed. Cir. 2011) (precedential order) Download 11-10181047 order Panel: Prost, Mayer, and Moore (author) The Federal Circuit has repeatedly warned about improper cross-appeals. Last week, the ...

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Lady Gaga Not Gaga Over Baby Gaga from

by Aaron Thalwitzer In the second chapter of an ongoing series on human breast milk-related trademarks, I present to you “Baby Gaga”, the ice cream you could actually make all by yourself, ladies! Like, totally ...

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Mayo Petitions for Certiorari Against Prometheus from

On March 17, 2011, Mayo Collaborative Services filed a petition for certiorari to the U.S. Supreme Court, challenging the Federal Circuit's December 2010 decision in Prometheus Laboratories, Inc. v. Mayo Collaborative Services. Mayo ...

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Avoid jointly owned intellectual property from

Traditionally, internal innovation was the paradigm in which most companies operated.  Most innovating companies kept their discoveries highly secret and made no attempt to assimilate information from outside their own research and development laboratories.  This ...

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Experts Meet To Weigh Health And Environment Scientific Innovations from

Scientific advances in life sciences, in particular health, are being evaluated by experts this week in Lyon, France, with the alleged hope of bringing new answers to global health challenges, such as funding, costs, and ...

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Patent Licensing Firm Acacia Offers Public Equity from

From the IAM Blog over the weekend: Acacia Research has announced it is to make five million of its shares available in a public offering designed to raise cash “for its operations and for other ...

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Transforming manufacturing - through buy local from

Here is an interesting story in today's New York Times -- The Future of Manufacturing is Local. The story cites two example of grassroots organizations that promote "buy local manufacturing": SFMade and Made in NYC ...

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Yale Conference Revealed Secrets Of Online Advertising from

A conference of the Yale Law School Information Society Project held 25-26 March exposed the underlying thinking of major advertising players like Google, the Wall Street Journal and others. You may be surprised what they ...

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US, China Meet On Biotech Patenting from

The United States Patent and Trademark Office (USPTO), the Chinese State Intellectual Property Office (SIPO), and the Biotechnology Industry Organization (BIO) hosted a workshop on biotechnology in Beijing today. Related Articles:

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How to Hire an Expert from

The following is excerpted from an article by David D. McDonald of the National Expert Witness Network, Inc.: Managing Expert Witnesses As a general rule, Expert Witnesses requires close supervision. While Experts may be highly ...

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India, WIPO Connect On Traditional Knowledge Protection, With Or Without Patents from

The World Intellectual Property Organization went to India last week to highlight the country’s success in creating a digital library of Indian traditional knowledge, which it uses to prevent illegitimate patenting of its resources ...

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Call Issued For UN Intervention In Trans-Pacific Regional Trade Pact from

As officials gather this week to continue negotiations for a trade agreement among countries bordering the Pacific Ocean, a multi-country set of nongovernmental organisations and academics urged a United Nations-appointed official to intervene, on grounds ...

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Missing trademark tattoos foil "passing off" scheme from

Those who remember the "War at the Shore" between Canseco and Sikahema will find Canseco's latest scam amusing.

In a post titled Jose Canseco gets punchy, sends twin brother to fight in his place ...

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Wilmshurst libel matter from

Science discussed the Wilmshurst libel matter:

Wilmshurst, a U.K. citizen, is one of a group of scientists and science reporters whose legal troubles have served as a rallying point for libel-reform advocates. His troubles ...

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No “Nerd” Retiring! Farewell and Congratulations to Lord Justice Jacob from

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, and an Associate Professor at Osgoode Hall Law School. On the occasion of his retirement from the bench, we would like to commend The ...

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Upcopming Telebriefing on Centocor and Current Status of Lilly Written Description Requirement from

On March 31, at 12:00PM Pacific Time, I will be speaking during a Law Seminars International TeleBriefing titled "Centocor Ortho Biotech, Inc. v. Abbott Laboratories, discussing the impact of the U.S. Court of ...

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Pivotal Ocean Tomo Patent Auction Tomorrow from

The gavel will fall tomorrow at the ICAP Ocean Tomo Spring Auction in New York City, following the heels of some very disappointing results in its last effort.  Also for sale at the auction a ...

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CAFC smacks down application of Intellectual Ventures from

In re Jung and Wood is about US application 10/770,072 and the "Wood" in the caption is Lowell Wood, and yes CLARENCE T.
TEGREENE of Intellectual Ventures is one of the attorneys.

The ...

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Chief Judge Michel to Visit Denver from

If you happen to be in Denver on April 14, 2011, you might want to attend the Colorado Bar Association’s monthly IP section meeting.  The Honorable Paul Michel, former Chief Judge of the Federal ...

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Bpai reexam printed publication publicly accessible from

Takeaway: In an ex parte reexamination appeal, the Patentee argued, without success, that the reference was not a "printed publication" under § 102(b). (Ex parte i2 Technologies, Decision on Appeal, Decision on Rehearing.) The Patentee ...

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