Patent & IP news for June 8, 2011

Patent Litigations



Patent & IP Blogs

post image Primus Energy Storage Tech Goes with the Flow from

Primus Power is a Hayward, California, startup that makes flow batteries for grid-scale energy storage.  A flow battery is a type of rechargeable battery that works by the flow of electrolytes through an electrochemical cell ...

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post image Second District Court Finds False Marking Statute Unconstitutional from

Rogers v. Tristar Products, Inc. (E.D. Penn. June 2, 2011)

A second district court has found that the false marking statute is unconstitutional under the Take Care Clause of the U.S. Constitution.  Judge ...

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post image Advice on Kindle vs Nook vs iPad from

I am considering purchasing an e-reader. I am currently leaning toward the Kindle, but am also considering the Nook and the iPad. In addition to novels and casebooks, I'm also hoping to use the ...

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post image Article One Featured Researcher: ThinkTank from

This week’s featured researcher is community member ThinkTank.  A graduate from the University Of Delhi, India, he has worked in Information Technology, Human Resources, and Internet Research.  He has a degree in commerce, and ...

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post image Analogous from

There's a crummy consistency to patent validity stupidity: failure to discriminate (which is symptomatic of the unaware generally). The cattle call "everything is everything" has a holistic ring, but it's more a rant ...

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post image Should I Patent My Invention? from

The Number One Question “Should I Patent My Invention?” is typically the first question I get from new inventors. Unfortunately, even the best patent lawyer in the world cannot answer this question for them. The ...

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post image Big Pharma accepts differential pricing – FINALLY! from

In a welcome move, some of the world’s largest pharmaceutical companies like GSK, Merck, Johnson & Johnson & Sanofi Aventis have finally agreed to slash the prices of key vaccines such as the rotavirus vaccine by ...

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U.S. Supreme Court Confronts Inducement of Infringement Under Section 271(b) for the First Time--What Does it Mean for ANDA Litigation? from

Global-Tech Appliances v. SEB, No. 10-6 (U.S. 2011) Method-of-use patents are frequently asserted in ANDA litigation. When they are, the patent owner alleges that if the ANDA is approved, the ANDA applicant would induce ...

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Therasense v. Becton Dickinson: A First Impression from

by Jason Rantanen I've got a new essay (with Lee Petherbridge) in which we provide an early analysis of what we think are substantial law and policy concerns raised by Therasense. In the essay ...

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Patent Reform News Briefs from

By Donald Zuhn -- House Issues Report on America Invents Act On June 1, the House Committee on the Judiciary issued its report on H.R. 1249, the America Invents Act. The 165-page report indicates that ...

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Laurence Rook and his doorbell / phone invention from

There's been a lot of publicity for 13-year old Laurence Rook of Whyteleafe, Surrey and his invention of a doorbell which automatically calls the householder if nobody answers the door. The idea...

(From Steve ...

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Helping make Prof. Lessig’s case for him from

So, Steve Jobs introduced iCloud to the world yesterday. Michael Speck from Music Industry Piracy Investigations (the people who bring down pirates like Kazaa for the record industry) declared: Apple was “no better than the ...

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In re Klein – a breakthrough for arguments as to non-analogous art before the USPTO? from

Guest Post by Professor Paul Cole, Bournemouth University; European Patent Attorney, Lucas & Co, UK. The above decision has been comprehensively reviewed in yesterday's posting by Dennis Crouch, but it is of interest because it ...

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All four Lodsys patents under invalidation attack in federal court from

I have news concerning Lodsys because a Michigan company named ForeSee Results Inc. has filed a declaratory judgment suit against Lodsys's four patents with the U.S. District Court for the Northern District of ...

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Second District Court Declares Qui Tam Provisions of False Marking Statute Unconstitutional from

In dismissing plaintiff's false marking action, the court agreed with Unique Prod. Solutions, Ltd. v. Hy-GradeValve, Inc., ___F. Supp. 2d __, (N.D. Ohio Feb. 23, 2011) and concluded that the qui tam provisions ...

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Supreme Court Clarifies Ownership Rights in Federally Funded Inventions Under the Bayh-Dole Act from

In a 7-2 decision released yesterday, the Supreme Court ruled the University and Small Business Patent Procedures Act of 1980 (“the Bayh-Dole Act”) does not displace the general rule that rights in an invention belong ...

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MoFo Tech from

The beginning of the spring/summer issue:

The lumpy, bumpy road to recovery was clearly not charted out
on Google Maps. There have been too many false starts, too
many dead ends, too many roads ...

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Drug Access Issues In Spotlight At UN High-Level Meeting On HIV, WIPO Event from

This week the United Nations meets in New York with the possibility of finding a way to end of the HIV crisis that in the past two decades spread like wildfire and decimated societies in ...

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Boston Scientific v. Johnson & Johnson from

By Jason Rantanen Boston Scientific Corp. v. Johnson & Johnson (Fed. Cir. 2011) Download 10-1230 Judges: Bryson, Gajarsa (concurring-in-part), Moore (author) The line between written description and enablement analyses is often unclear; Boston Scientific makes it ...

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New video: Trademark Infringement – what is it and how to deal with it from

I have posted a new video on our video channel. The video is a basic introduction to trademark infringement issues for the trademark owner. A presentation from Erik M. Pelton & Associates, a boutique trademark law ...

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Merck Donates Natural Products Library For Research from

Pharmaceutical manufacturer Merck will donate its entire library of natural products to the Institute for Hepatitis and Virus Research along with a grant, the institute announced this week. The library, one of the world's ...

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Oral Arguments in Obama Health Care Law from

Litigation concerning the “Patient Protection and Affordable Care Act” that was enacted last year has now made its way to three appellate courts.  The Fourth, Sixth, and Eleventh Circuits have all heard oral arguments with ...

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