Patent & IP news for May 11, 2011

Patent Litigations



Patent & IP Blogs

post image Article One Featured Researcher: David Durrenberg from

This week’s Featured Researcher is David Durrenberg, a past patent examiner from Alexandria, VA.  David studied and continues to work in Electronic Engineering.  He also has an Aircraft (F-16) Electrical Systems Mechanic Certification.  Based ...

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post image XP’s Equalized Cells to Provide Xtremely Large Scale Energy Storage from

Xtreme Power (XP) is a Kyle, Texas, advanced battery maker which provides and operates integrated energy storage and power management systems.  Marketed as the Dynamic Power Resources (DPR) product line, XP’s systems combine energy ...

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post image "Beholden to no-one" -- a new defence to IP infringement claims? from

Legitimate use -- or the wrong side of the line? No stranger to the highways and byways of the internet, the IPKat strayed across this little item on BMW-DRIVER.NET. It's called "BMW Taking on ...

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post image A trip to the Commons: the Kat reports from

Chi Onwurah MP Designs under scrutiny again.  IPKat team member Jeremy was in action on Wednesday morning as a participant in a seminar, "Understanding IP: Design & Economic Growth", which took place in the congenial surroundings ...

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post image Fruits of Labour not Windfall Gains in Standardization from

Keith Mallinson In pursuance of its policy of strengthening its content relating to intellectual property as a value-generating asset with standards-setting bodies, IP Finance is pleased to host this piece by Keith Mallinson (WiseHarbor):
Fruits ...

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post image "It's Evident Enough!" Says Bombay High Court to IPAB from

(image taken from here)
Recently, a Bombay High Court decision saw the Intellectual Property Appellate Board (IPAB) yet again being told in no uncertain terms to reconsider a decision.

Name: M/s. Agar Distributors (India ...

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post image Wednesday whimsies from

Nathan the Wise.  The IPKat is delighted to learn that his friend, the celebrated Alicante photographer Nathan Wajsman has been appointed Chief Economist of the Office for Harmonisation in the Internal Market (OHIM).  Nathan has ...

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post image DC Comics Sues Replica Batmobile Seller – Holy Copyright and Trademark Infringement, Batman! from

Los Angeles, CA – DC Comics is the owner of the Batman franchise and has numerous copyright registrations for works ranging from comic books, action figures, toy Batmobiles, to movies and TV shows. It also owns ...

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post image IP commercialisation services: the first British Standard reviewed from

Fluffy didn't mind giving advice on commercialisation,
but she wasn't so keen to take advice on how to give it ...

(cat by Erin Albert) The IPKat was fascinated by the prospect of the ...

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TiVo’s Reexamination Strategy Helps Win a Stay in the Northern District of California from

The chronology of the dispute between TiVo, AT&T; and Microsoft is complex and so are the digital video recorder (DVR) technologies covered in the patents that are asserted.  All of these complexities seemed to ...

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FDA Seeks Comment on Biosimilar User Fee Proposal from

By Donald Zuhn -- On Monday, the U.S. Food and Drug Administration published a notice in the Federal Register (76 Fed. Reg. 27062) requesting comments related to the development of a user fee program for ...

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USPTO Trademarks Dashboard goes live! from

Today the USPTO unveiled its trademark dashboard. The dashboard contains statistics and measurements regarding pendency and quality of the trademark operations. This is an exciting development for trademark applicants and attorney working with the USPTO ...

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Framing the Convergence Review from

On 28 April, the Government’s Convergence Review (noted here) issued a Framing Paper. According to p. 4 of this curious document: This initial consultation paper seeks to identify the principles that should guide media ...

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Apple and Samsung Pt 2 from

Just noting this as a matter of record: One week after Apple sued Samsung, Samsung sued Apple for patent infringements, apparently in 4 countries. One point of interest is that this is not Samsung’s ...

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PatentHawk down, but ... from

Within the text of an panel rehearing/en banc request: what is weak in this case is the courts abusing the law to rob an inventor of his rightful intellectual property by mumbo jumbo because ...

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Newsflash: cost-capping works! from

Judge Colin Birss QC (Patents County Court, England and Wales) delivered his judgment earlier today on costs in Dame Vivienne Westwood OBE v Knight [2011] EWPCC 011 (not yet on BAILII; decision on liability here ...

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Exelus of Livingston, NJ gets $5 million DOE grant for biofuel from switchgrass from

Exelus won a $5.1 million federal grant from DOE/DOA to work on biofuels from switchgrass.

Exelus has patent applications, for example,


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"Lonely" Maytag Repairman phasing out? from

Toward the end of the yahoo post on the phase-out of the "lonely" Maytag repairman ad campaign:

That and there have been a surge of complaints about quality that the company has had to weather ...

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James Edwards on patent reform from

Within the piece was criticism of Director Kappos:

Obama administration Patent and Trademark Office Director David Kappos cut short his appearance before the House Judiciary Committee on this subject, stiffing lawmakers who had more questions ...

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March trade in intangibles from

This morning's March trade data just released by the BEA is not pretty. The deficit grew by $2.8 billion to $48.2 billion. Exports were up by $7.7 billion but imports climbed ...

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Ocean Tomo ‘Freedom To Operate’ Auction Helps Patent Owners Build Value from

The business of patent licensing is startlingly counter-intuitive, and likely frustrating for new entrants to the market.  In essence, patent owners are in the business of licensing rights to use technology to operators that either ...

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Intervenors Added to’s “One-Click” Patent Appeal from

Leslie Chong is a JD candidate at Osgoode Hall Law School. Following an appeal from Phelan J.’s decision to allow Amazon’s ‘one-click’ business method patent, the Canadian Life and Health Insurance Association Inc ...

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Reforms Needed To Open WIPO’s Door Wider To Development, Diplomat Says from

The adoption of a Development Agenda by the General Assembly of the World Intellectual Property Organization three years ago was seen by most as a success for developing countries and a sign that the organisation ...

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Public Statements Concerning Benefits of Alleged Infringing Protocol do not Justify Deposition of Apple CEO Steve Jobs from

The court denied plaintiff's motion to compel the deposition of Steve Jobs, defendant's CEO, to testify concerning his public statements about the accused products' use of the allegedly infringing protocol such as: "One ...

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Patenting Powered Surfboards from

By Rene L. Dial Changing the way we surf. Recently I was reading an article on about the newest powered surfboard.  It’s actually a pretty interesting idea but after watching the video ...

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Patent Prosecution Highway from

The United States PTO has entered into an agreement with 15 other patent offices called the Patent Prosecution Highway.  This program is intended to permit the sharing of information and resources between patent offices in ...

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Enhance Your Google Searching with AROUND from

The value of proximity searching has been well documented on the Intellogist® Blog. Proximity operators allow users to specify a distance (of n terms) between any two keywords, and this feature is a bedrock of ...

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The Constitutional Underpinnings of Patent Law from

The United States Constitution grants to the Congress the power to grant patents; this power residing in the Congress is found in Article I, Section 8, Clause 8. Unlike most of the enumerated powers granted ...

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Guttenberg's plagiarism ripped in Bayreuth report from

There was no reprieve or silver lining in the final report on Guttenberg's plagiarism form the University of Bayreuth. The story in the Local began:

Stephan Rixen, chairman of Bayreuth University’s investigating board ...

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WIPO Negotiators Work From New Text On Traditional Knowledge from

World Intellectual Property Organization delegates negotiating this week for a possible agreement on protection of traditional knowledge have advanced the text from which they are working, according to a copy obtained by Intellectual Property Watch ...

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Soccer Star, Wayne Rooney, Fired His Agent, but Still has to Pay the Agency Continuing Commissions from

Brent Randall is a JD candidate at the University of Ottawa. Proactive Sports Management Ltd., the former agency of English soccer star Wayne Rooney, was recently granted leave to appeal a decision of the High ...

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Bright Lights Conference 2011: Top Companies in IP and Patent Innovation from

MDB Capital Group is currently running the Bright Lights Conference in New York City.  Bright Lights 2011 is based on “growing awareness and increasing desire to better understand and invest in companies with important intellectual ...

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Settlement Licenses and Reasonable Royalties from

The following is excerpted from a May 11, 2011 article by Richard Raysman and Peter Brown published by Law Technology News: The U.S. Court of Appeals for the Federal Circuit ruled in January that ...

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Hack of Another Example of Canada’s Deficient Response to Cybercrime from

Michael Gilburt is a JD candidate at Osgoode Hall Law School. CBC News reports that a group of assailants known as the “Turkish defacers” successfully hacked into the web domain shared by the Ontario Court ...

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No Rest For Walker Digital – Patent Sales Announced On Heels Of Unprecedented Monetization Efforts from

So, the student of war who is unversed in the art of war of varying his plans … will fail to make the best use of his men. – Sun Tzu According to a statement issued today ...

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Patent Litigators Ask You To ‘Pay No Attention To The Man Behind The Curtain’ from

In an article discussing the inevitable demise of patent litigation, a subject covered in much detail on this blog, how surprising is it that the author found a patent litigator to throw cold water on ...

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Why the Publication Requirement for Patents Hurts Startups from

This case, TEWARI DE-OX SYSTEMS, INC., v. MOUNTAIN STATES/ROSEN, L.L.C., in Texas shows the damage done by the publication rule for patents applied for a patent on a method of extending the ...

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Oracle vs. Google: judge proposes three-week patent trial in October, summary copyright decision in August from

The US District Court for the Northern District of California is pressing on with Oracle vs. Google. In his latest filing the judge reaffirms his intentions to have this case resolved within a matter of ...

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