Patent & IP news for May 30, 2011

Patent Litigations



Patent & IP Blogs

post image Some light reading from

The IPKat would like to take the opportunity to wish a Happy 40th Birthday to the Benelux Office for Intellectual Property (BOIP). Originally born as the Benelux Trade Marks Office on 1 January 1971 ...

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post image Hargreaves: some further thoughts and comments from

The sad fate of British reviews of intellectual property The dust has not yet settled on Digital Opportunity: a review of intellectual property and growth (the main recommendations of which are noted here), the fabled ...

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post image Patents do not hinder Access? from

Recently, Mr. Ranjit Shahani, the president of Organisation of Pharmaceutical Producers of India (OPPI) and vice chairman and managing director of Novartis India, gave an interview to the Financial Express regarding the importance of patents ...

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post image Why Samsung Gets a Look at the iPad3 and You Don't from

Well, first, they haven't actually gotten to look at it yet -- that's in the hands of Judge Koh of the Northern District of California. And, second, Samsung had to get sued by Apple ...

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post image Did the pre-Kurian Patent Office grant thousands of patents in violation of procedure? from

For the last few years several of us have been astounded by the stunning rate of patent grants by the Indian Patent Offices. Just have a look at the figures: In 2006-07, the patent office ...

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Patent Litigation in the Eastern District of Texas: Part I from

Aaron Thalwitzer I’ve written about the Eastern District of Texas (EDTX) several times. It’s where patent plaintiffs go to win. Or, more accurately, to get the best settlement they can. The district is ...

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Madison Avenue: An Emerging Center for IP Commerce from

Mad Men Thrive in Mid-Town Once the iconic Main Street of the advertising industry, Madison Avenue has quietly evolved into a center for Manhattan’s emerging intellectual property businesses. Don Draper, flamboyant Mad Men creative ...

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Therasense issues like those faced by UVa with Honor Code from

Part of the basis for the 6-4 split in Therasense was the application of a "one penalty fits all" approach [unenforceability] to situations with a gradation of bad acts. The one concurring judge suggested that ...

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Turnabout in Apple Inc. v. Samsung Electronics Co.? from

In this odd litigation wherein Apple is suing its biggest supplier, Samsung has asked to see future Apple products, making the argument that it must see the iPhone and iPad models under development to "evaluate ...

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The Hot Springs National Park trademark caper from

At issue was a trademark which included the text
"Hot Springs National Park" within a geometric design.
The National Park Service objected to the registration.
The relevant statute as issue was section 2(e)(2 ...

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Modifying Product to Conform to Injunction in Related Litigation Avoids Willful Infringement from

No willful infringement found when Maersk's sales contract included option to modify product based on litigation and did modify the product when it learned that a court ordered a competitor to modify a product ...

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Innovations come in other than anticipated areas of use from

The imaging technology for license plate scanning was conceived primarily as a counterterrorism tool, but it is now used in other applications.

See Camera Scans of Car Plates Are Reshaping Police Inquiries

License Plate Scanners ...

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Lotus judge: why sue, if you can race each other for the name? from

At last we know who has control over the talismanic name Lotus, much loved in motor racing circles and once symbolic of a fruit eaten by lovers of luxury and self-indulgence.  Our information comes courtesy ...

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EU Parliament Calls On Commission To Work Towards WIPO Treaty For Accessibility from

Andrew Baker is an LLB/BCL candidate at McGill University Faculty of Law. The EU Parliament has just released a report (see article 70) calling on the EU Commission to support a WIPO treaty proposal ...

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Hargreaves Report Calls For The Modernization Of The UK’s IP Regime from

Michael Gilburt is a JD candidate at Osgoode Hall Law School. On May 18, 2011, a review committee led by Cardiff University Professor Ian Hargreaves released a report that deemed the UK’s intellectual property ...

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Cutting Edge Innovation at MedEdge Summit 2011 York Region from

Danny Titolo is a JD candidate at Osgoode Hall Law School. The MedEdge Summit 2011 is a medical device and life sciences conference being held on June 16, 2011 at the Richmond Hill Centre for ...

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United Airlines’ new logo post-merger with Continental: Love it or Leave it? from

United and Continental Airlines merged recently. The new brand recently announced a “new” logo, although the “new” is just pieces of the old ones. The “new” logo looks old and tired. In my opinion, United ...

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A Masterful Update – Professor David Vaver’s Intellectual Property Law: Copyright, Patents, Trade-Marks, 2nd Ed. from

Pauline Wong is the Assistant Director of IP Osgoode. Professor David Vaver, a member of IP Osgoode’s Advisory Board, has authored a recently released, updated and expanded edition of his textbook entitled, Intellectual Property ...

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America Invents Act: Un-American Patent Reform from

The current patent reform bills (S.23 and H.R. 1249) are proposed to promote “global harmonization.”  In other words, the changes they suggest would make our patent system look and act more like systems ...

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WHO Board Lays Out Steps To Reform from

The World Health Organization Executive Board last week requested more details on the organisation's planned reform and established a consultative process for the reform, according to sources. Related Articles:

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Matching the Problem with the Methodology: The Failure of the EC’s PatQual Report from

Guest Post by Ronald Man, Professor of Law at Columbia Law School There's a lot of press lately for PatQual, the EC's massive "Study on the Quality of the Patent System in Europe ...

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Should I File a Provisional or Nonprovisional Patent Application? from

Perhaps the question that I address most frequently with my clients is whether to file a provisional or nonprovisional  patent application. A nonprovisional application is an ordinary patent application. A provisional patent application is a ...

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Therasense, Inc. v. Becton, Dickinson & Co. (Fed. Cir. 2011) (en banc): Judge O'Malley's Opinion from

By Kevin E. Noonan -- The Federal Circuit delivered its en banc opinion on inequitable conduct last week in Therasense, Inc. v. Becton, Dickinson & Co. Judge O'Malley wrote separately, concurring in part with the majority ...

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Obama Administration Urges Supreme Court to Grant Certiorari in Case on Orange Book Patent Use Codes from

Caraco Pharm. Labs. v. Novo Nordisk, No. 10-844 (U.S. 2011) Last week, in response to the Supreme Court’s request for its views, the Solicitor General’s office filed an amicus brief in Caraco ...

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