Patent & IP news for May 16, 2011

Patent Litigations



Patent & IP Blogs

post image INTA Special Report: Damages in Europe from

After a gruelling 12-hour day at INTA yesterday, the AmeriKat was refreshed this morning with a delicious breakfast frittata in the fabulous company of friends from Reed Smith and one of her partners. The scrumptious ...

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post image Monday miscellany from

Apologies, but it wasn't our fault! Many thousands of eager readers were recently deprived of access to the latest posts on the weblogs of the IPKat and his friends. This was not on account ...

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post image More Monday Miscellany from

Refreshed by a few hours of sleep, punctuated by the emptying of nocturnal bins and orchestrated by the wailing of ambulance sirens, the IPKat awoke to inhale that first draught of San Francisco breeze -- only ...

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Trademark Attorney’s Descriptiveness Refusal Affirmed from

The Trademark Examining Attorney refused Jewelry Supply, Inc.’s trademark application to register on the Principal Register as merely descriptive for the following services: online retail store services featuring jewelry boxes, jewelry findings ...

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Challenge To Apple’s EU Trademark On ‘App Store’ from

Several large technology companies such as Microsoft and Sony Ericsson have filed applications at the European Trademark Office seeking to invalidate Apple’s obtained rights to the trademarks ‘App Store’ and ‘Appstore.’ Related Articles:

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EU Makes Push To Facilitate Geographical Indications In ACP Countries from

A European Union-backed project organised a conference at the World Trade Organization last week to rally Africa to the cause of geographical indications. Related Articles:

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Amazon’s 1-click in Australia from

On Telstra’s opposition to the grant of Amazon’s 1-click patent in Australia, the Commissioner’s delegate has found that: claims 1, 2 and 4 to 61 were invalid; but: It seems to me ...

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Why Patent Owners Should Consider Operating Within Page Limits from

In inter partes patent reexamination, a third party must submit comments to a patent owner submission within 30 days. This is because third party extensions of time are precluded by statute. However, actions of an ...

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Lodsys claims to supply building blocks but actually jeopardizes the entire mobile apps ecosystem from

I have read, with outrage I must say, Lodsys's new blog post with which that patent troll is seeking to justify its business model of asserting patents against defenseless little app developers. While I ...

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Appeal applicant mistake case law ignore from

Mistake #9 when arguing at the BPAI: Arguments that ignore relevant case law
Mistake #9 of my "Top Ten Mistakes Applicants Make at the BPAI" is making arguments that clearly go against existing case law ...

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CompetitionNews: Evolution of the FTC’s views on patents from

The latest issue of Pepper Hamilton LLP’s CompetitionNews publication focuses on a March 2011 Federal Trade Commission (FTC) report entitled “The Evolving IP Marketplace:  Aligning Patent Notice and Remedies with Competition.”  The report represents ...

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Patent Licensing Experts Share Lessons Learned In Making Deals from

NEW YORK - Experts at a recent conference on licensing revealed some of the behind the scenes thinking within industry on how to do great deals and keep from getting burned. Related Articles:

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Patent Trolls Hunger for Small Fries at the App Store from

Aaron Thalwitzer Patent-holding firm. Patent troll. One and the same? Sometimes. Lodsys, one of the aforementioned firms, has threatened suit against independent iPhone app developers – but hasn’t threatened Apple itself, yet. Finding a ‘deep ...

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Earlier-Filed Action Warrants Transfer Of Venue From The Eastern District Of Texas, But Only As To Parties Involved In Earlier-Filed Action from

Defendants' motions to transfer venue under the first-to-file rule were granted in part as to one defendant who had filed an action in the transferee forum one month before the instant case was filed. However ...

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World Information Society Summit Assessment: ICT Services Deemed Less Costly from

More than five years since the last UN-led World Summit on the Information Society (WSIS) and less than five years before the 2015 target date of the Millennium Development Goals, experts and representatives of needy ...

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Lilly fails to get Gemzar case before US Supreme Court from

Bloomberg noted: The justices today [May 16] left intact a federal appeals court decision invalidating a patent that would have protected Gemzar from generic competition in the U.S. until May 2013.

Gemzar (generic name ...

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If, instead of positing expertise, one were to posit incompetence... from

Within Crain's Detroit Business, a prediction that the Microsoft view might prevail in the i4i case:

Rodger Young, partner at Southfield-based Young & Susser PC who represented Teleflex in the lawsuit, said the court seems ...

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Uniloc v. Microsoft: no rehearing by CAFC from

The order states in pertinent part:

(1) The petition of Plaintiffs-Appellants [Uniloc] for
panel rehearing is denied.
(2) The petition of Plaintiffs-Appellants for
rehearing en banc is denied.
(3) The mandate of the court will ...

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WIPO Goes To Bat For Trademark Owners At ICANN from

The World Intellectual Property Organization has urged the organisation responsible for the internet domain name system to step back from revising its procedures for judging disputes about cybersquatting. WIPO said a 6 May letter that ...

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New Jersey and the 13th Amendment from

One finds at "the lookout" at

In January [2011], [Amy] Myers [of Cherry Hill, NJ] watched agasp as [Michele] Bachmann said America's founding fathers "worked tirelessly until slavery was no more in ...

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Social Media in Discovery and as Evidence in Litigation from

I was reading an article by Christopher J. Akin titled, "How to Discover and Use Social Media-Related Evidence" in the Winter 2011 print issue of Litigation. While the article uses examples from product liability and ...

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Chan: WHO Embarking On “Most Extensive” Reforms In Its History from

World Health Organization Director General Margaret Chan today presented her broad vision of a reformed WHO at the opening of the annual assembly of the organisation, and said the WHO was clear of suspicion of ...

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Pre-Examination Interview Program Formalized and Expanded to All Art Units from

The USPTO has expanded its “First Full Action Interview” pilot program to include all areas of technology. Under the program, patent applicants may request (and must be granted) an interview with the patent examiner assigned ...

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More comments to USPTO regarding Trademark Litigation Tactics obtained via FOIA request from

I recently obtained additional from the USPTO in response to a FOIA request regarding the 2011 Trademark Litigation Tactics request for comments. These comments include several companies including Intel, several individuals, several attorneys, and several ...

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Fun trademarks from San Francisco from

This week I am at the annual conference of the International Trademark Association in San Francisco. These meetings are always a whirlwind of educational opportunities, networking opportunities, and meeting clients face-to-face (often for the first ...

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Patent Infringement Claims Against iOS Developers — Top 5 Things To Remember from

After an interesting bombshell was dropped on iOS developers this past Friday, patent owner Lodsys, LLC has come forward with answers to a number of questions circulating about its licensing program.  But there are some ...

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BPAI finds adding a fourth parameter doesn't change basic principles of operation of reference from

Takeaway: In Ex parte De Jonge, the Applicant attacked an obviousness rejection of a dependent claim by arguing that "adding features beyond the conventional arrangement in Russell [the primary reference] would clearly change the principle ...

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USPTO Expands First Action Interview Program from

By Donald Zuhn -- The U.S. Patent and Trademark Office announced today that it is expanding the Enhanced First Action Interview pilot program to include all utility applications in all technology areas and filing dates ...

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Supreme Court Patent Case of the Week — Grant v. Raymond (1832) from

31 U.S. 218 (1832) 6 Pet. 218 JOSEPH GRANT AND OTHERS v. E. AND H. RAYMOND. Supreme Court of United States. 227*227 The case was argued by Mr Webster, for the defendants in ...

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Cert. Denied in Eli Lilly v. Sun Pharmaceuticals from

By Kevin E. Noonan -- The Supreme Court refused today to grant certiorari in Eli Lilly & Co. v. Sun Pharmaceutical Industries, Ltd. on the question of obviousness-type double patenting. In doing so, the Court let stand ...

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