Patent & IP news for April 21, 2011

Patent Litigations



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post image Digital Economy Act Looks Set to Stay from

It is not often that this particular Kat stumbles into the realm of the Administrative sub-division of the High Court, however when the occasion demands he is ready to take one for the team and ...

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post image In PV Furnace Case Green Patent Litigation Moves Upstream from

Despatch Industries (Despatch) is a Minnesota company which designs and makes industrial ovens and furnaces, including furnaces for use in solar cell manufacturing.  Despatch owns U.S. Patent No. 7,514,650, entitled “Continuous infrared ...

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post image USPTO Director Discusses Effects of Continuing Appropriations Act for FY 2011 from

In a message to U.S. Patent and Trademark Office (USPTO) employees today, Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos discussed the effects of the Continuing Appropriations Act ...

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post image Wishy-Washy from

The USPTO had a gold-plated patent examination fast-track planned, called "Prioritized Examination," (also "Track One") scheduled into existence on May 4. For the privilege of working with the office, upon payment of a $9,520 ...

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post image It’s Time for Your R & D Team to Stop Inventing and Start Innovating from

In a recent post on his 15 Inno blog, Open Innovation guru Stefan Lindegaard presented the ostensibly nonsensical hypothesis:  R & D leaders are often a “threat” to innovation.  Stefan’s post resulted from an interaction ...

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post image Apple v Samsung from

Nilay Patel at has embarked on an in depth examination of Apple’s new court action against Samsung. Unlike the spectacularly unsuccessful war against Windows (based on copyright and ‘look and feel’), this ...

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Number of Patent Filings in Europe Growing from

By Brad Crawford -- On April 13, 2011, the European Patent Office (EPO) reported that the total number of European patent applications is once again on the rise. The EPO noted that EP filings hit 235 ...

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The More the Merrier: The Journal Joins the Times in Complaining about Patents from

By Kevin E. Noonan -- The anti-patent virus seems to have moved across town in Manhattan, from the 8th Avenue editorial offices of The New York Times to 6th Avenue, from the aristocratic edifice ruled by ...

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Federal Circuit Reverses District Court's Finding of Means-Plus-Function Limitations from

Rembrandt Data Technologies, LP v. AOL, LLC (Fed. Cir. Apr. 18, 2011)

In this case, the Federal Circuit reversed a district court's summary judgment decision of invalidity in part as there were genuine issues ...

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Federal Circuit Decision in In re Tanaka from

You might recall that we discussed the BPAI decision in In re Yasuhito Tanaka in an earlier post.  On April 15, the Federal Circuit reversed the BPAI decision and remanded the matter for further proceedings ...

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Righthaven case against Thomas DiBiase on copyright infringement related to blog post from

Of a copyright infringement charge brought by Righthaven, and an attempt to transfer blog ownership, Courthouse News wrote:

Chief U.S. District Judge Roger Hunt denied Righthaven's request in an order signed Friday, finding ...

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The meaning of "mixture" from

Memorable words of claim construction:

Thus, it appears the court construed
“mixture” to mean “a mixture.” We agree that “mixture”
does not require any additional construction.

Of comprising:

We note,
however, that the phrase construed ...

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WHO Pandemic Flu Deal Doesn’t Go Far Enough, NGOs Say from

Two civil society groups said the recent World Health Organization agreement on influenza pandemic strategy is an improvement on the present situation but has key shortcomings. Related Articles:

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History Repeating Itself? Jay Walker’s Patent Licensing Efforts Reminiscent Of Another Legendary Inventor from

Last week, I issued the following challenge: Walker Digital was at the forefront of the most aggressive patent assertion effort ever to be attempted.  (That’s not hyperbole. I challenge anyone to find an instance ...

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Interview Finale: Manny Schecter, IBM Chief Patent Counsel from

We talked about Peer to Patent, Watson on Jeopardy, where the Supreme Court is heading with patent law, the usual fun questions to get to know Schecter on a personal level and more. As we ...

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International Patent Application and Prior Art Search: Australia from

Welcome to our second international series! While our first series focused on global histories and patent laws, our new series steers the direction towards how various countries are revamping the processes of patent applications and ...

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Do You Want To Blog About IP Scholarship? from

Due to my clerkship plans this fall, I will be unable to blog from Sept. 2011 until Sept. 2012. But I'm sure 2011-12 will see lots of great patent and IP scholarship, and it ...

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False Statements in Pro Hac Vice Application Warrant Monetary Sanction and Notification of State Bar from

The court sanctioned one of plaintiff's attorneys $5,000, ordered him to file a copy of the court's order with the state bar, and barred him from filing pro hac vice applications for ...

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Rights lost by an inventor under the proposed "patent reform" from

David Boundy points out:

Typical inventor activities that no longer “work”
Most startups, and many inventions at established companies, go through at least one of two “stories.” They’re reasonable commercial practice under today’s ...

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Federal Circuit orders En Banc rehearing of Akamai Join Infringement Claim from

Akamai Technologies, Inc. v. Limelight Networks, Inc., (Fed. Cir. 2011) (en banc order) The Federal Circuit has ordered an en banc rehearing of Akamai's appeal focusing on the following question: If separate entities each ...

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Details On The Proposed Unified European Patent from

Recently, the European Union released further details on the unified European patent system currently being pursued under the enhanced cooperation doctrine.  So far, 25 Member States have agreed to this proposal.

In order to receive ...

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Texas jury finds against Google in Linux patent case, determines damage award of $5,000,000 from

A jury in the Eastern District of Texas handed a verdict in favor of Bedrock Computer Technologies LLC, determining that Google infringes a Linux-related patent, that the patent is valid, and that Google should pay ...

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Prejudgment Interest for ... Lawyers Who Don't See The Issue Often Enough from

The following is excerpted from a March 28, 2011 post by Michael C. Smith at his EDTexweblog discussing Judge Ron Clark's grant of the plaintiff's Motion for Prejudgment Interest in the Affinity Labs ...

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Mattel Loses MGA's Bratz Doll Case, Jury Awards Trade Secret Damages to MGA from

Santa Ana, CA -- The jury in the Mattel v. MGA battle over the Bratz dolls determined that MGA did not infringe any copyrights and did not steal the idea or concept from Mattel. Instead, the ...

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Legal action over Yankees' top hat/bat logo from

A headline on Reuters New York woman claims copyright to Yankees top hat logo but the underlying dispute is over a trademark, specifically the Yankees' top hat perched on a baseball bat. The ultimate issue ...

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Web 2.0 Companies in France Challenge Data Retention Law in Court from

Matt Lonsdale is a JD candidate at Dalhousie University. A French government decree (English translation via Google Translate) dated February 25th requires online communication service providers to maintain detailed records on their users, including full ...

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Love it or leave it: PORTLAND TIMBERS from

The Portland Timbers are a new Major League Soccer (MLS) team in Portland, Oregon. The team name, mascot, theme and logo are all great. And they serve as a great example of properly building and ...

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Patent reform 2011 creates uncertainty and is bad for business from

David Boundy comments on how the "patent reform" bill would create uncertainty:

The bill also destroys commercial certainty and corrupts the incentives in the system:

• Various statutory requirements that an applicant act “without deceptive intention ...

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Ed DuMont’s “Controversial” Federal Circuit Nomination Continues to Languish after One Year from

Bill Vobach writes blog titled 717 Madison Place.* In a recent post, Vobach noted that Edward C. DuMont's original nomination as a judge for the Court of Appeals for the Federal Circuit has now ...

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Accidentally failing to cite properly from

Note the opinion piece titled In justice, intention matters by CONNOR MUI in the Daily Princetonian on 21 April 2011.

One gets the gist of the piece from the first paragraph:

Princeton’s “Rights, Rules ...

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Kappos and his $100 Million (10%) Budget Cut from

Last week, I reported that the new appropriations for the remaining five-months of FY2011 would force the USPTO to cut approximately $100,000,000.00 from its budget. That figure represents more than a 10 ...

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Patent Profession Questions: Gear Grinder #5 from

Introductory Note: Welcome back to “Gear Grinder with Danny Rooney.” We aim to bring this series to you on the first and third Thursdays of the month. Here are our previous installments: #1, #2, #3 ...

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No Toast Yet To WTO Consensus On Wines And Spirits Geographical Indications from

Mandated efforts to create an international register of geographical indications have risen in importance at the World Trade Organization in recent weeks. And as the pressure to produce negotiating texts for the Doha Round discussions ...

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A Porn Copyright Litigator’s Guide to Professionalism (Not Me!) from

Scott Nyman First off, let me state that I am not the porn copyright litigator referenced in the title. In fact, I have never litigated the copyright infringement of pornographic material. I have however covered ...

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Patent reform 2011: litigating away the little guy? from

The New York Times on 4/21 had several letters under the title How to Improve Our Patent System. The first criticized Doug Lichtman:

Under Mr. Lichtman’s plan, those with the best lawyers could ...

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USPTO postpones fast track patent examination program, suspends plans for Detroit satellite office from

In a message to USPTO employees on April 21, USPTO director David Kappos announced that congressional budget cuts will require the agency to reduce or postpone several recently-announced programs.  Reductions that are most likely to ...

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Sneaky smartphones from

From a post by online wsj:

Apple Inc.'s iPhones and Google Inc.'s Android smartphones regularly transmit their locations back to Apple and Google, respectively,(...)


The business of collecting location information begain in ...

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Appeal applicant mistake declaration factual support from

Today I'll return to my list of Top 10 Applicant Mistakes on Appeal. The last post in this series was #7: "Using attorney argument when evidence is required". The most common form of evidence ...

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