Patent & IP news for June 7, 2011

Patent Litigations



Patent & IP Blogs

post image Assignment from

In the least significant Supreme Court patent decision in years, the majority ignores the cert issue posited to affirm the CAFC, while dissenters notice the elephant in the room. The only surprise, and a small ...

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post image Guest Post: Plagarism, creativity & copyright infringement from

We're pleased to present yet another guest post from Tania Sarcar, a student of NUJS. Tania had earlier written this post regarding the controversy surrounding the hit song - 'Character Dheela'.

Plagarism, creativity & copyright infringement ...

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post image The Value of IP as a Commodity from

I recently published an article in Issue 47 of IAM magazine titled “The Value of IP as a Commodity”.  The article is a comprehensive description of IPXI and the ULR contract model for non-exclusive licensing ...

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post image Shoe Designer Jeffrey Campbell Sues Forever 21 For Copying Six Shoe Styles from

Los Angeles, CA – Following the trend of fashion designers filing trade dress infringement lawsuits to protect designs not covered by copyright law, Jeffrey Campbell is suing Forever 21 for allegedly copying six shoe designs. Like ...

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post image Examining the jurisdiction angle in the Sholay-Universal dispute from

A few weeks ago we had blogged on the Sholay-Universal dispute over the licensing of ringtones to Vodafone. In its interim judgment the Delhi High Court had vacated the interim injunction against Vodafone and had ...

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post image In re Klein: Analogous Art Test as the New Structure for Non-Obviousness Determinations from

In re Klein, ___ F.3d ___ (Fed. Cir. 2011) (Judges Newman, Schall, and Linn) by Dennis Crouch In an important nonobviousness decision the Federal Circuit has sided with the patent applicant, Arnold Klein and ...

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Federal Circuit Resets the Rules for Inequitable Conduct from

The Federal Circuit essentially reset the rules for winning on a charge of inequitable conduct. Over a period of time, the courts were reducing the standards to win on a charge of inequitable. The reward ...

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More Monday Miscellany from

Today's Peer-to-Patent seminar, organised by the IPKat weblog and kindly hosted by London-based law firm Olswang LLP, was much enjoyed and appreciated by a dedicated audience of hard-bitten patent addicts who stayed right on ...

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Oracle wants a huge cut of Google's mobile advertising revenue plus compensation for fragmentation of Java from

One of the best-kept secrets in the patent dispute between Oracle and Google is what Oracle demands in terms of compensation for past damages and on which terms (monetary and other conditions) Oracle might allow ...

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Reexamination Practice: One Size Does Not Fit All from

I attended a reexamination roundtable at the Patent Office last week where ideas for reexamination reform were proposed.  The Patent Office listened and took notes.  I thought it was a very productive meeting overall.  As ...

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UN Expert: No Government Internet Restrictions For Political Reasons, IPRs from

Governments should refrain from restricting the flow of information on the internet, and the private sector should not be in charge of policing it, a United Nations adviser on freedom of opinion and expression said ...

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Featured Resource: CiteSeerX from

There are many different places, both in the virtual and the real world, to do patent research.  While looking for patent literature is often helpful, some of the most useful research that can be done ...

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Earlier Declaratory Judgment Claim Does Not Dictate Forum for Later Infringement Action Based on the Same Patents and Accused Products from

The court denied plaintiff's motion to reinstate a declaratory relief action that it voluntarily dismissed two years earlier in response to defendant's motion to dismiss for lack of subject matter jurisdiction. Defendant's ...

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Another Reason To Oppose Patent Reform from

Virtually every major stakeholder is saying the bill is fine. – David Simon, Intel (quoted in a Dow Jones article about patent reform) (emphasis mine). Both S.23 and H.R.1249 give large companies incentive ...

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J&J loses at CAFC for lack of written description from

In summary:

Johnson & Johnson, Inc. (J&J;), Cordis Corp. (Cordis)
and Wyeth (collectively, Appellants) appeal the decision of
the United States District Court for the District of Dela-
ware granting summary judgment that certain claims ...

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Lump sum sanction handed out by CAFC from

The case ends:

Kyler v. Everson, 442 F.3d 1251, 1253-54 (10th Cir.
2006) (imposing sanctions against pro se litigant for
pursuing frivolous appeal and awarding government a
lump sum of $8,000 in lieu ...

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Did the Supreme Court Rule in Stanford v. Roche that First to File is Unconstitutional? from

In a post titled Did the Supreme Court Rule First to File is Unconstitutional?, Gene Quinn speaks of

those who oppose patent reform are concocting one of the most ridiculous arguments I have ever seen ...

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Do we come to bury copyright -- or to praise it? from

The IPKat is pleased to announce that his weblog is running, in conjunction with the 1709 Blog (which specialises in copyright matters), another event.  The notice, which also appears on the 1709 Blog so if ...

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Godly Powers: A Mystical US Patent Application from

I’m going to take a break today from visiting obscure search systems (and writing long 2-part posts) to share with you a delightful patent application that I  hold very close to my heart.  I ...

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TPAC Quarterly Meeting Summary (June 2011) from

[Summary provided by Mark Donahey of Erik M. Pelton & Associates] The following is a summary of the key points discussed at the June 3, 2011 public meeting of the Trademark Public Advisory Committee (TPAC) at ...

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Judge Says Celebrities Are Of Age from

By Daniel Davidson It has been decided by a California Judge that when entertainers attend a fancy event, wear glamorous clothing and jewelry, and turn their heads for the clicks of the camera, they are ...

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Nostradamus IP? As Predicted, Appropriations Chair Doesn’t Like Patent Reform from

Back in March, I quietly predicted (in a comment on the IPBiz blog) that I “expect the House appropriations committee to kill the anti-fee diversion part of the bill.”  Today, the WSJ is reporting that ...

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BPAI says foreign application can be used in swear behind to show constructive reduction to practice – under some conditions from

Takeaway: On appeal, the Applicant argued that a foreign filing could be used to show constructive to practice in a swear behind declaration. The BPAI said that the foreign filing was constructive reduction to practice ...

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