Patent & IP news for June 10, 2011

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post image Interview with Fashion Lawyer Ashlee Froese from

I am a Buffalo attorney who focuses on intellectual property law and I rarely get an opportunity to discuss fashion branding with other intellectual property attorneys.

However recently I needed to find a Canadian attorney ...

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post image Friday fantasies from

Once again it's Friday, which is traditionally the day on which the IPKat gently and tactfully reminds his readers of the imperative need to check the Forthcoming Events page in the hope that they ...

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post image Comic Book Artist Sues Sega For Copyright Infringement Over Sonic The Hedgehog Video Game from

Los Angeles, CA – This “Sonic The Hedgehog” video game copyright infringement claim appears to arise from an independent contractor’s contributions that were not properly acquired by or assigned to Sega. If you don't ...

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post image Described and Enabled from

35 U.S.C. § 112, ¶ 1 has two requirements: 1) a written description so as to enable any person skilled in the art to make and use the claimed invention; 2) a best mode "set ...

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post image Clear & Convincing from

When it comes to patent cases, the courts are biased towards mega-corporations, at granting undeserved credibility and in airing their gripes. But the license only goes so far. The Supreme Court has taken numerous patent ...

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Microsoft wants to "protect inventors who hold patents representing true innovation" from

Microsoft on the Supreme Court decision in the i4i case:

"While the outcome is not what we had hoped for, we will continue to advocate for changes to the law that will prevent abuse of ...

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Patent Search from

Conducting a Prior Art/Patent Search Prior to Filing a Patent Application at the United States Patent and Trademark Office (USPTO) Although a prior art/patent search is not legally required prior to filing a ...

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Apple enters the fray against Lodsys, files motion to intervene from

Nine days after Lodsys sued seven little app developers in the Eastern District of Texas, Apple filed a motion to intervene in the proceedings. I have uploaded the motion and its attachments (except for a ...

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Chris Roller and his Godly powers patent application from

In 2005 Christopher Roller of Minnesota applied for a US patent with his Godly powers specification. It was published in 2007. In it he states that "Christopher Anthony Roller wants exclusive right...

(From Steve van ...

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Patently-O Bits & Bytes by Lawrence Higgins from

Patent Trial Program Could be a Good Idea California’s Northern District has seen a large increase in the number of patent lawsuits. As a result, this District was picked to participate in a 10-year ...

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Is Microsoft The “Clear And Convincing” Winner In The Patent Validity Battle? from

Microsoft's "go-for-broke" gambit to avoid a $290 Million damage award failed. Or did it? Microsoft has spent the past few decades building up key assets in software products, and IP governing rights to use ...

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Lemley: Myth of the Sole Inventor from

Edison invented the light bulb, right? No, explains Mark Lemley (Stanford Law) in his newly posted article, The Myth of the Sole Inventor. Edison merely "found a bamboo fiber that worked better as a filament ...

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Ending fee diversion viewed as shift in discretionary funding to mandatory spending? from

The fate of patent reform [H.R. 1249, "America Invents Act"] is now tangled up in a fight over fee diversion. Section 22 of H.R. 1249 was placed in the bill to end fee ...

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One Delaware legislator accuses another of plagiarism from

Delaware State Sen. Michael Katz (D-Centerville) has accused Rep. Bryon Short (D-Highland Woods) of copying his legislation and wants an ethics investigation.

Katz wrote to the Delaware House Majority Leader: “Plagiarism by an elected official ...

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Odd spin on Microsoft/i4i outcome from

Within a piece in ComputerWorld:

The most significant outcome of the case, said Young, was language in the opinion authored by Associate Justice Sonia Sotomayor that spelled out how patent case juries can be instructed ...

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Top 5: Patents in Movies and TV from

Patents are granted to reward and promote innovation.  And where else do we see as much creativity as in the entertainment business?  There are numerous movies and television shows in which patents play a major ...

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Except for "Truly Regional Defendants," Considering Location of Witnesses and Discovery in Venue Analysis is "Outdated, Irrelevant, and Should be Give from

In denying defendants' motion to transfer venue for convenience, the court rejected the argument that the location of discovery and witnesses should be given weight in the court's convenience analysis. "In this electronic age ...

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U.S. Supreme Court Upholds $300 Million Verdict Against Microsoft from

The following is excerpted from a June 10, 2011 article by Victoria Slind-Flor found at Bloomberg: The U.S. Supreme Court upheld a patent-infringement verdict that will cost Microsoft Corp. (MSFT) $300 million and already ...

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Supreme Court Affirms Federal Circuit in Microsoft v. i4i from

The Supreme Court recently handed down a very important patent law opinion concerning the evidentiary burden necessary to overcome the presumption of validity given to issued patents.Under 35 U.S.C. §282, a patent ...

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Love it or leave it: iCloud from Apple from

Apple recently unveilved it’s new cloud based services, called “iCloud.” According to the Apple website, “iCloud stores your music, photos, apps, calendars, documents, and more. And wirelessly pushes them to all your devices – automatically ...

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Targets, TRIPS Flexibilities In UN HIV Meeting Declaration; Brazil’s Health Minister Hails Outcome from

NEW YORK - The declaration from the United Nations High-Level Meeting on AIDS, which concluded today, set targets for responding to the disease and contained clear references to flexibilities to intellectual property law intended to assure ...

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HP prevails over MicroJet Technology at ITC from

WSJ notes: Hewlett-Packard said the ITC's initial determination ruling found MicroJet Technology Co. (8197.OT) violated H-P's patents and found Asia Pacific Microsystems in violation as a contributory infringer of the patents. The ...

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Smurf App has parents smurfing mad!! from

By: Rene Dial Okay the little blue guys have people, mostly parents, turning red with rage.   Stories have been popping up for nearly a year in almost every country about Apple charging credit cards, stored ...

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Fourth Circuit Makes Oral Arguments Available for Download from

This past May the Fourth Circuit updated its policy in regard to oral argument recordings.  Like many of its sister circuits, oral argument recordings from the Fourth Circuit are now available for download from its ...

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ABA 2011 Annual Meeting from

The American Bar Association (ABA) will be holding its 2011 Annual Meeting from August 4-7, 2011 in Toronto, Ontario. During the Annual Meeting, various ABA sections and divisions will be offering more than 250 CLE ...

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CLE on Bilski v. Kappos from

Patent Resources Group (PRG) will be holding three-day course entitled: "The Bilski Impact: Procuring & Enforcing Software, Business Methods & Bioinformatics Patents" from August 16-18 in Alexandria, VA and Southfield, MI. The course will address how best ...

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CLE on Therasense, Inc. v. Becton, Dickinson & Co. from

LexisNexis will be offering a luncheon and CLE presentation entitled: "The impact of Therasence v. Becton on the doctrine of inequitable conduct" on June 21, 2011 from 11:30-1:00 PM (EST) at the Midtown ...

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CLE on Stanford v. Roche from

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar on "The Implications of Stanford v. Roche" on Friday, June 17, 2011 beginning at 2:00 PM (ET). The IPO webinar will consider the ...

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