Patent & IP news for June 9, 2011

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post image Eminem vs Audi: Audi's ad "imported from Detroit"? from

From Germany comes the news that US rapper Eminem is suing German car manufacturer Audi for allegedly using parts of Eminem's song "Lose Yourself" in an ad for the Audi A6 Avant car without ...

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post image Breaking News: US Supreme Court rejects Microsoft in i4i battle from

The AmeriKat has been a busy bee ever since her flight from California's INTA 2011 madness touched its wheel's onto Heathrow's tarmac two weeks ago. Since then the AmeriKat has watched helplessly ...

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To Sell, or NOT to Sell… from

By Danie Roy Thomas Edison once said that genius is 1% inspiration and 99% perspiration.  He neglected to tell us where the funding for all that genius was supposed to come from. If you’ve ...

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Oracle v. Google: 50% royalty rate? from

In Oracle America, Inc. v. Google Inc. (C 10-3561 WHA), defendant has recently filed a writ requesting leave to file a Daubert or other motion directed at the damages report of Oracle’s expert Iain ...

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Federal Circuit Finds No Written Description for "Analogs" from

In Boston Scientific Corp. v. Johnson & Johnson, the Federal Circuit affirmed the district court's determination that a series of stent patents are invalid for failing to satisfy the written description requirement of 35 USC ...

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14 District Courts selected for patent pilot program from

This week fourteen U.S. District Courts were selected to participate in a patent pilot program that is designed to enhance those courts’ expertise in complex patent litigation.  The patent pilot program is a 10-year ...

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Guest Post: Targeting App Developers Only Seems “Unfair” from

The following is a guest post by Michael Wokasch, a registered patent attorney with the law firm Quarles & Brady LLP.  Wokasch is a former software developer, and experienced in IP Licensing, Litigation and Patent Prosecution ...

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Anti-Terror Crackdown Brings IPR Relief To Mobile Phone Brands In Pakistan from

A recent drive against the use of mobile phones without valid International Mobile Equipment Identity (IMEI) numbers in terrorism-struck Pakistan has given respite to established brands and authorised dealers. The proliferation of copied and smuggled ...

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Getting More Involved with Article One from

Article One’s community is made up of thousands of researchers, all of whom have unique skills, backgrounds, and life experiences.  Just as crowdsourcing can be a valuable tool for companies, so too can it ...

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Famous Last Words: US Patent Reform (Far From) A Reality from

Call it the blogger’s jinx. Like clockwork, Joff Wild at IAM writes: US patent reform may finally be about to become reality, suddenly, the entire bill starts to unravel. First, the US Supreme Court ...

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Case Transferred From EDTX Despite Transferee Forum's Lengthy Time to Trial from

The court granted defendants' motion to transfer venue even though the reported time to trial was almost twice that of the Eastern District of Texas. "The parties agree that the time to trial is almost ...

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SCOTUS Speaks: Patents May Only be Invalidated Under "Clear and Convincing" Standard from

This morning the Supreme Court released it's opinion in Microsoft v. i4i, and provided "clean sweep" support (10-0) that patents may only be invalidated under "clear and convincing" evidence.
Held: Section 282 requires an ...

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Microsoft v i4i just decided from

The appeal has been decided today by US Suprem Court.

The justices confirm that:

“in asserting patent invalidity as a defense to an infringement action, an alleged infringer must contend with §282 of the Patent ...

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Patent infringement lawsuits–like “venereal disease in remission” from

A great quote from the CEO of voice recognition company Vlingo reported in Techcrunch this afternoon referring to yet another patent infringement lawsuit by rival Nuance launched today. These two have history. In 2008 Nuance ...

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Supreme Court Stands By Clear & Convincing Evidence from

In a unanimous decision issued June 9, 2011, the Supreme Court rejected Microsoft’s arguments that a granted U.S. patent can be invalidated based on a mere preponderance of evidence, rather than clear and ...

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A Continuation Of The Super-Injunction Saga: Is There An End In Sight? from

Andrew Baker is an LLB/BCL candidate at McGill University Faculty of Law. Recent developments in the UK, including the notorious case of a famous footballer and a report from Lord Neuberger, have once again ...

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WIPO Issues Call For Papers On Evaluation Of IP And Development from

The 2007 World Intellectual Property Organization Development Agenda instituted an evaluation process at the UN agency, and now WIPO is seeking best practices for evaluating the impact of intellectual property rights on development. The WIPO ...

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Microsoft smoked in i4i case from

Microsoft lost the i4i case. The voting went as follows:

SOTOMAYOR, J., delivered the opinion of the Court, in which SCALIA,
J., filed a concurring opinion ...

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GetIPDL – A Free Patent Downloading Tool from

In last week’s post about Free Bulk Patent Downloading Solutions, we got a helpful tip from reader Jim, pointing out his favorite patent downloading tool: GetIPDL. I spent some time researching this neat tool ...

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Microsoft Corp. v. i4i Limited Partnership (2011) from

Supreme Court Holds That Invalidity Must Be Proved by Clear and Convincing Evidence By Donald Zuhn -- In the third patent decision to be issued by the Supreme Court in little more than a week, the ...

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Microsoft v i4i – US Supreme Court decides from

Microsoft has lost its appeal to the US Supreme Court. Microsoft had argued it should have to prove its claim that i4i’s patent was invalid by “a preponderance of the evidence”. Under the US ...

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U.S. Supreme Court: federally funded inventions still require assignment documents from the inventors from

The U.S. Supreme Court held that the Bayh-Dole Act does not override U.S. patent law’s maxim that an individual inventor will own a patent unless the inventor expressly assigned the patent to ...

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SCOTUS shoots down Microsoft’s appeal, reaffirms patent validity standard from

Scott Nyman   You may recall back to 2007, a most memorable year. Bulgaria and Romaina joined the European Union. Putin was announced as Time magazine’s person of the year. And, the small tech company ...

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