Patent & IP news for June 27, 2011

Patent Litigations



Patent & IP Blogs

post image Historical Patents: The Wheelchair from

Little is known about the history of the first wheelchairs.  Some of the earliest known references can be found on 6th century stone slates from China, and records of such chairs appear sparsely over ...

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post image Novartis v. Cipla: Cipla wins pre grant opposition (593/CHENP/2005) from

Our patent office recently issued a decision in Cipla's (Opponent) favor in a pre-grant opposition proceeding against Novartis (Applicant).  The opposition proceedings were brought under sections (25(1)(e),  (25(1)(f), and  (25 ...

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post image Quality Control from

American Calcar (ACI) sued Honda for infringing 15 car computer patents. The number of patents asserted seemed to make up for spotty quality. Only one was found valid and infringed at district court. Nine were ...

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post image Do the Bombay & Delhi HCs violate SC guidelines while reviewing IPAB decisions? from

One of the peculiarities of the tribunalization process in the Indian legal setup is that all decisions of the tribunals can be reviewed by High Courts despite the fact that tribunals were setup in order ...

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post image Monday miscellany from

There is no truth in the rumour that
the copyright debaters will ht
wearing togas ...
Registrations for the Big Copyright Debate, which the 1709 Blog is hosting in conjunction with the IPKat, continue to rise ...

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post image Nokia v IPCom: if you liked the case, you'll love the conference ... from

"At last -- we' ve managed to make
a handset that doesn't infringe
anyone's patents!"
A week and a half ago this weblog posted Matt Fisher's comment on Nokia v IPCom which was ...

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post image PCC Page 32: Quickstep – are there difficulties changing course with 8 tentacles? from

Valiantly verified by the Chartered Institute of Patent Attorneys (CIPA), the PCC Pages seek to explain how litigation works in the recently-revamped Patents County Court (PCC) for England and Wales, taking as its theme a ...

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Not The Patent Term Extension Fix We Need from

The House patent reform bill (HR 1249) that was passed last week includes a provision that impacts the deadline for filing an application for patent term extension under 35 USC § 156 after receiving FDA approval ...

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How much to pay for an infringement from

Over at the Fortnightly Review, Ass. Pro. David Brennan takes issue with the economists who argued that Larrikin should not have been paid any damages for the Kookaburra infringements. The economists’ argument seems to have ...

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Another Feather in Its Cap: Apple Awarded Patent for Multitouch Interface from

Aaron Thalwitzer Apple has finally been awarded a patent for one of the neato-techs that makes your iPhone and iPad tick. Ostensibly a patent for a “portable multifunction device, method, and graphical user interface for ...

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Garmin prevails over Pioneer at ITC from

From MarketWatch on 27 June 2011:

Garmin Ltd. announced that the U.S. International Trade Commission (ITC) issued a final determination on June 24 finding no violation of Section 337 of the Tariff Act with ...

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Senator Coburn says "no" to HR 1249 from

Senator Coburn noted:

“For too long tomorrow’s inventions have been stymied by today’s incompetence in government. It is outrageous for Congress to take fees paid by Americans for a specific service and spend ...

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McDermott et al. discuss gene expression in cyanobacterium Cyanothece from

McDermott et al. developed a circular, wreath-like, graph to display all the genes being expressed by the cyanobacterium Cyanothece over a 24-hour period. This depiction illustrated the complex genetic network that enables Cyanothece to switch ...

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Rockstar Bidco from

It was revealed just before the weekend that two more companies have gained approval from US antitrust regulators to bid for the Nortel patent portfolio: Intel Corp. and Rockstar Bidco LP. Since the news broke ...

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Hemphill & Sampat on Pharma Market Life from

"Prospecting" by generic pharmaceutical companies—raising patent challenges to high-sales branded drugs—is on the rise, but these challenges are not shortening the effective market life of branded drugs; rather, patent challenges are combatting "evergreening ...

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Success Rates for Motions to Stay Pending Reexam from

Docket Navigator has posted a new chart reflecting the success rates in patent litigation cases for motions to stay pending reexamination. The data reveals that overall, litigants in the Northern District of California have the ...

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Foreign Litigation Concerning Similar Patent Claims and Accused Products May Support Declaratory Judgment Action from

The court could exercise subject matter jurisdiction over plaintiff's declaratory relief action premised on two foreign infringement actions. "The Court recognizes that foreign patent litigation, although not dispositive of the existence of an actual ...

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Supreme Court To Hear Orange Book Listing Case from

On June 27, 2011, the Supreme Court granted certiorari in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S. This means that the Court will review the Federal Circuit decision which held that the ANDA ...

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Supreme Court takes Two More Patent Cases from

The Supreme Court has granted writs of certiorari in two pending patent cases. In Kappos v. Hyatt, the Supreme Court will decide (1) whether a patent applicant who files a Section 145 civil action has ...

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Nortel’s legal fees hit $128 million from

  Nortel’s legal advisers, Cleary Gottlieb Steen & Hamilton are doing rather well out of Nortel’s bankruptcy. As of 30 April 2011, Cleary had billed Nortel $128 million for their services so far, with reports ...

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Comments Regarding TTAB Involvement in Settlement Discussions by Erik M. Pelton & Associates from

The USPTO Trademark Trial and Appeal Board (TTAB) requested comments regarding possible increased TTAB involvement in settlement discussions for the proceedings before the Board. We submitted comments last week in response to the Board inquiry ...

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Reexaminations of Oracle patents: preliminary rejections of claims are relevant but not final from

The landmark intellectual property dispute between Oracle and Google has recently drawn more attention than any other litigation of its kind. Unfortunately, that high level of interest also enables inaccurate reports and misleading headlines to ...

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New FAO Chief Accepts GMOs, Not Seed Monopolies from

The newly elected head of the UN Food and Agriculture Organization today expressed tolerance for genetically modified crops but not for monopolies on seeds. Related Articles:

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Nortel Sale is Biggest in Booming Patent Market from

The following is excerpted from a June 27, 2011 article by Peg Brickley of Dow Jones Daily Bankruptcy Review and published by The Wall Street Journal: Technology heavyweights will throw down Monday for the formidable ...

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Liability for Active Inducement of Infringement Without Actual Knowledge, Willful Blindness Sufficient from

The Court held that liability for active inducement of patent infringement requires knowledge that the induced acts constitute patent infringement. In the present case, the defendant did not have actual knowledge that the acts that ...

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USPTO Proposes Fee Increases for FY 2010 from

The June 27, 2011 Federal Register includes a notice from the U.S. Patent and Trademark Office in which the USPTO proposes fee increases for patent filings for fiscal year 2012.  In most cases, the ...

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BPAI reverses when Examiner interprets "permanently secured" as "user can choose not to remove" from

Takeaway: The BPAI reversed several rejections based on the Examiner's unreasonable interpretation of "permanently secured" as "the user can choose not to remove it". (Ex parte Bivens.)

Ex parte Bivens
Appeal 2009007955; Appl ...

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