Patent & IP news for April 28, 2011

Patent Litigations



Patent & IP Blogs

post image Fordham IP Conference 2011: part 3 from

Following the two "meet the judges" sessions which concluded the morning programme, lunch was declared -- with David Kappos (US patent supremo and fellow blogger) as the guest speaker. David described patents as the premier currency ...

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post image Engaged from

The ITC is a convenient forum for trade-related patent infringement, but adjudication quality can be spotty. The common problem: claim construction. The flaw on display today was importing too much into a claim term. What ...

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post image International Patent Application and Prior Art Search: Japan from

From 1968 to 2006, the Japanese Patent Office (JPO) was the largest patent office in the world, receiving the most patent applications worldwide year after year. Headquartered in Tokyo, the JPO is still one of ...

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post image Fordham IP Conference 2011: part 4 from

After a panic-filled dash back to re-re-rewrite his paper tomorrow, IPKat team member Jeremy returned to the fray, coming in at the tail end of a fascinating session on initial interest confusion in trade mark ...

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post image TTAB Affirms Trademark Attorney’s Likelihood Of Confusion Refusal Of EZ “GRO” Over “EEZY GRO” Registration from

The Trademark Examining Attorney refused registration of Gardenlife, Inc.’s application for the trademark EZ GRO for “living flowers and plants and plant seeds” in light of the previously registered EEZY-GRO trademark for “flower pots ...

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post image Fordham IP Conference 2011: part 2 from

The next segment of the Fordham programme was devoted to IP in Europe, staring with a presentation from Paul Maier (OHIM), who gave an up-to-the-minute account of the progress of trade mark grant and administration ...

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post image Need to FedEx a Renewable Energy System? Call SkyBuilt from

SkyBuilt Power, an Arlington, Virginia, company, has won a 2011 Edison Award in the Best Energy and Sustainability Product category for its renewable energy power stations.  SkyBuilt designs and develops integrated, modular power systems including ...

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post image Fordham IP Conference 2011: part 1 from

This is the first of a number of posts on this year's Fordham IP conference, which was opened as ever by Professor Hugh C. Hansen.

Antony Taubman (head of Global IP Issues, WTO) spoke ...

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post image To be Labelled Bad is not too Good: Three-N-Products v. Emami Ltd. from

(image taken from here)
Case Name: Three-N-Products Private Limited (Plaintiff) v. Emami Limited (Defendant)

Judgment on: 29th January, 2010, Calcutta High Court

Facts: The plaintiff manufactures and sells cosmetic products under the trademark 'Ayur' and ...

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USPTO News Briefs from

By Donald Zuhn -- USPTO Announces Postponement of Track 1 Examination (Again) On April 21, USPTO Director David Kappos sent a message to Patent Office employees, notifying them that "[t]he Track One expedited patent examination ...

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Non-Lawyer legal services : you get what you pay for – Part 1 – The Service from

Scott Nyman When speaking with potential client, I often get asked, “So why shouldn’t I just use a service like LegalZoom?” This is a big question, and requires a big answer. So big, in ...

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1Q 2011 GDP - not good news from

The advanced GDP estimate from BEA for the 1st quarter of 2011 released this morning was disappointing: a growth rate of just 1.8% annually. Everyone thought it would be low, around 2% (see estimates ...

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$3.8 Billion Reasonable Royalty Opinion Is Not Inadmissible Despite Similarity To $3.8 Billion Lost Profits Opinion Where Hypothetical Negotiations from

"Would Have Produced No Mutually Agreed Upon Price Range In Which The Parties Could Have Negotiated"

The court denied defendants' motion to exclude the testimony of plaintiffs' economist as to his $3.8 billion reasonable ...

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Palomar's Patent Infringement Lawsuit Against Candela Proceeds to Trial from

The following is excerpted from a Palomar press release posted on April 27, 2011 at Fierce Medical Devices: Palomar Medical Technologies, Inc. (Nasdaq:PMTI), a leading researcher and developer of lasers and light systems for ...

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Election 2011: Party Platforms on Digital Issues from

Mark Kohras is a JD candidate at Osgoode Hall Law School. It’s election season again, and Canada’s political parties are out in force, campaigning across the country. Perhaps unsurprisingly, given the recent attention ...

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May Training in CA and Updates from PCT Learning Center from

Our friends at the PCT Learning Center are hosting two upcoming seminars, one in La Jolla, CA, May 9-10 and another in Santa Ana/Irvine, CA, May 11-12.  These are approved for 10.75 hours ...

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US 7,753,759: a bra with a pocket for a cell phone from

There is apparently litigation over the claims of US 7,753,759, titled Article of apparel for concealing objects , which has a first claim:

An article of apparel for wearing in contact with the breasts ...

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The Anti-IP Entitlement Mentality from

Most Facebook users suffer from low self-esteem, according to a study published last year.  Facebook is so pervasive (accounting for roughly a quarter of all internet users), that one has to wonder whether the Facebook ...

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Why your data is valuable from

From the LA Times: TomTom sells traffic data to Dutch government: TomTom, maker of popular GPS navigation devices, apologized Wednesday after news that Dutch police used data gathered from drivers who use the company's ...

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Review: Thesaurus of Claim Construction from

Thesaurus of Claim Construction, by Robert C. Kahrl and Stuart B. Soffer, 2011 Oxford University Press, is an outstanding reference tool for patent practitioners. The publisher was kind enough to send me a review copy ...

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HTC Quietly Dismissed From Round Rock Patent Litigation from

Joff over at the IAM Blog pointed out that HTC and Round Rock entered into a stipulated dismissal of the latter’s patent infringement lawsuit more than two weeks ago. Earlier this month documents were ...

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Spicy IP Tidbit: IPASI comes into being from

The readers of Spicy IP, especially those hailing from the southern corners of India, will be interested to know of the birth of the nascent organization IPASI (The Intellectual Property Association of South India) on ...

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How I found my way in patent information from

Our online community for discussing challenges in patent and prior art search, Intellogist, has now been around for a few years.  Recently somebody asked me a tricky question regarding patent families, and I soon found ...

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What is the supplemental register of trademarks? from

I was recently interviewed by Patrick Reilly of IP Society about the Supplemental Register and what it means: New Erik Pelton Interview from Patrick T. Reilly on Vimeo. For more information on the Supplemental Register ...

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Through the Looking-Glass: Beer, Wine, and Third-Party Registration Evidence Before the TTAB from

By Mark L. Donahey The venerable TTABlog® by John Welch recently reported on three TTAB decisions (here & here) that found “beer” and “wine” to be related goods under the likelihood of confusion analysis.  Each decision ...

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Samsung now countersuing Apple in four countries on three continents from

When I reported last Friday on Samsung's patent infringement countersuits against Apple in South Korea, Japan and Germany, I said that "it won't take long before we also see infringement accusations by Samsung ...

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Selling music via fictional tv groups from

In an article relating to "Glee Presents the Warblers," one has text:

That said, Glee has spawned more top 10 albums than any other TV show in history. Four TV series are tied for second ...

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Lilly wins in Eli Lilly and Company v. Wockhardt Limited, et al. over duloxetine from

The court order in SD Ind requires that the remaining defendants not make generic Cymbalta during the patent term and that they tell the FDA that they are no longer seeking approval for a generic ...

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Plagiarizing principal promises to "model the integrity that you expect of me" from

From a plagiarizing high school principal in Colorado:

At times, in preparing and writing my communications this year, I used statements from educational sources and did not reference those sources.

The statement concludes

I have ...

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Patents, the Lifeblood of Innovation from

Discoveries that lead to scientific breakthroughs that lead to engineering feats that turn discoveries and breakthroughs into reality takes time; a lot of time. A lot of time spent researching, discovering and engineering means a ...

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US Patent Counts, Q1 2011 from

In the first quarter of 2011 the USPTO issued 62,132 patents, an increase of 1.7 percent from the previous quarter and 11.9 percent from the same period last year. The number of ...

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Patents for a Royal Wedding from

Since an estimated 2 billion people will watch Prince William marry Kate Middleton tomorrow, I thought a royal wedding themed patent story was in order.

Flowers play a prominent role in weddings, so I searched ...

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European Patent Reform Suffers Another Setback from

By James DeGiulio -- In March, it appeared that patent reform leading to a unified European Union (EU) patent was on its way to being enacted, after the European Parliament pushed the latest European Commission proposal ...

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