Patent & IP news for April 22, 2011

Patent Litigations



Patent & IP Blogs

post image Think It’s Hard to Transfer Venue out of the Eastern District of Texas? Try Transferring out of Delaware. from

Ever hear that transferring a patent infringement case out of Judge Ward’s court in the Eastern District of Texas is nearly impossible? Truth is, he’s granted more motions to transfer venue for convenience ...

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post image Friday fantasies from

The IPKat team takes this opportunity to wish everyone a good Friday, or a good Good Friday, depending on their preferences.  Oh, and don't forget to check the Forthcoming Events page, will you ...?

Crown ...

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post image PCC 25: Will High Court litigation threat make Cautious’ tentacles wobble? from

The PatLit PCC Series, subtly scripted by the Chartered Institute of Patent Attorneys (CIPA), seeks to explain how litigation works in the recently-revamped Patents County Court (PCC) for England and Wales, taking as its theme ...

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post image Top 5: Drug Patent Expirations in 2011 from

By Catherine Zielinski


From cholesterol fighters to ADD medications, 2011 is a year that paves the way for a slew of cheaper generic drugs.  Both Brazil and India hold strong national health policies of promoting ...

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USPTO News Briefs from

By Donald Zuhn -- Launch of Prioritized (Track 1) Examination Postponed Earlier this month, the U.S. Patent and Trademark Office announced that it would begin accepting requests for prioritized examination of patent applications (i.e ...

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Boundy Issues Call to Arms on America Invents Act from

Dear fellow patent attorney: I need your immediate assistance to help defeat a particularly bad patent bill now in its final stages of consideration by the U.S. Congress. Congress may well be on the ...

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PTO Announces Austerity Measures in Face of Financial Crisis from

The last Continuing Resolution (or CR) ran out on April 8, 2011, with a 11th hour agreement, which was ultimately passed by Congress and signed into law by President Obama the following week. When the ...

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Petition Granted for Rehearing en banc of Akamai Technologies v. Limelight Networks from

On April 20, 2011, the Federal Circuit granted the petition by Akamai Technologies for rehearing en banc its appeal in Akamai Technologies, Inc. v. Limelight Networks, Inc.  The order vacated the earlier opinion of December ...

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A Look At The USPTO's March 2011 Statistics from

The latest post on "Director's Forum," the public blog of USPTO Director Kappos, is a guest post by Bob Stoll, the Commissioner for Patents, announcing the release of March 2011 data on the USPTO ...

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Samsung strikes back at Apple with lawsuits in South Korea, Japan and Germany -- analysis and visualization from

A week after Apple's intellectual property infringement suit against Samsung in the US, the South Korean electronics giant has fired back. According to news agency reports (Associated Press, Bloomberg, Dow Jones Newswires, Reuters, Xinhua ...

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Now You See USPTO Improvements, Now You Don’t from

Aaron Thalwitzer Yesterday, the USPTO sent a message to employees that due to congressional budget cuts, it will have to cancel to cutback several new programs, including two really great ideas. The  Track One expedited ...

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USPTO Announces Severe Measures Due to Diversion of Funds. from

Absolutely disgusting that so many promising initiatives at the U.S. Patent and Trademark Office are in jeopardy, especially at a time in our history where promoting innovation, protecting inventors’ rights, and encouraging the related ...

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Google Sued Over Daily Deal Business Venture from

Google‘s interest in the “daily deal” business was demonstrated by their $6 Billion dollar offer to acquire Groupon (leading to a ridiculously overrated valuation of the latter’s patent portfolio).  Of course, Groupon spurned ...

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Compliance With FRCP Form 18 States a Claim of Patent Infringement Regardless of Twombly and Iqbal from

The court denied defendants' motion to dismiss for failure to state a claim where plaintiff's complaint was modeled on FRCP Form 18. "[T]he operative question is whether a pleading that closely tracks Form ...

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An Update on the USPTO's FY 2011 Budget from

As you may know, the FY 2011 budget was enacted on April 15, 2011 and contains the USPTO’s appropriation through the end of this fiscal year, September 30, 2011. With the enactment of the ...

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Claim Construction Deference from

Lexicon Medical v. Northgate Technologies and Smith & Nephews (Fed. Cir. 2011) Judge Rader begins his claim construction with an interesting conclusion: Because the record amply supports the trial court's interpretation of this claim term ...

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So Let Me Get This Straight … (Thoughts On Google’s Latest Patent Lawsuit) from

Imagine the following scenario.  You walk past a large, open tract of land and you see a couple of apartment complexes and office buildings sitting on it.  At a glance, you can immediately tell that ...

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New feature feature highlights trademark application difficulties from

The USPTO has added an interesting feature to their website this month.For each of the trademark application online filings available, the USPTO has included a PDF image showing what the entire form looks like ...

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“Canadian Telecommunications Law” Authored by Professor Robert Howell from

Professor Robert Howell, of the University of Victoria, has published a new book with Irwin Law entitled Canadian Telecommunications Law. The book deals, broadly speaking, with the administration and regulation of telecommunications and broadcasting under ...

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More Dangers of the Patent Reform Bill Identified from

Sometimes doing nothing isn't such a bad thing. Our "broken" patent system could use a few fixes, but not the kind Congress is now pursuing. Folks, if Congress or the Administration really wanted to ...

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Special Master Bechtle: Motion to Supplement Infringement Contentions GRANTED from

The following is excerpted from an April 18, 2011 post by Pilar G. Kraman of Delaware IP Law Blog: In Xpoint Technologies, Inc. v. Toshiba Corp., et al., C.A. 09-628-SLR (D. Del. Apr. 8 ...

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Amazon Subscription Purchasing System Accused Of Infringing Walker Digital Patent from’s “Subscribe and Save” program is the subject of a federal lawsuit filed today by research firm Walker Digital.  The patent at issue is US Patent No. 5,970,470 generally related to ...

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Kappos komments on kuts from

from the PTO director's blog on April 22, 2011 (one week after the budget slash of April 15):

Effective immediately and until further notice:

Track One of the Three-Track program, which offers expedited patent ...

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CAFC affirms ND Ill in Lexion case from

The bottom line:

The United States District Court for the Northern
District of Illinois entered summary judgment that De-
fendants-Appellants Northgate Technologies, Inc., Smith
& Nephew, Inc., and Linvatec Corp. (collectively, “North-
gate”) infringe United States ...

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Courses on European Patent System from

Patent Resources Group (PRG) and Management Forum will be offering two one-day courses on the European Patent system on June 2-3, 2011 at the McDonnell Boehnen Hulbert & Berghoff LLP conference center in Chicago, IL. The ...

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International Judges Conference on Intellectual Property Law from

The Intellectual Property Owners Association (IPO) will be holding its 6th International Judges Conference on Intellectual Property Law on May 23-25, 2011 in Brussels, Belgium. The conference will provide discussions on the following topics: • Keynote ...

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