Patent & IP news for July 5, 2011

Patent Litigations



Patent & IP Blogs

post image No win for Edwin as Elio gets his way from

There are few more powerful motivators when it comes to trade mark litigation than the thought that one's own name is at stake. Even though most of us -- even Kats -- are actually named by ...

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post image Freezer Greenwashing Suit Invokes Federal Appliance Law from

In a recently-filed suit, Plaintiff Christopher Collins seeks to add another weapon to the greenwashing legal arsenal.  The proposed class action, filed in federal court in Oakland, California, invokes the National Appliance Energy Conservation Act ...

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post image SpicyIP Jobs: IP Associate opening in Delhi from

We have a job posting for an IP associate with a niche IP law firm in south Delhi. Pooja Dodd, Chief Guru, at IP Gurus, sends us this note below. Please do send across your ...

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post image Signalling, heuristics and accountability: British Brands Group's annual lecture from

Last Monday, this Kat attended the 2011 Brands Lecture, organised by the the British Brands Group.  This year's lecture was given by Rory Sutherland, who is the Vice-Chairman of Ogilvy Group UK. The title ...

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post image Inovia Expands Foreign Filing Network into Thailand from

We're frequently expanding our foreign filing network to fit our clients' needs. In the last year, we've added both ARIPO and Chile. Today, we announced a new filing destination for PCT national stage ...

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post image When the e-Reader Suppresses the Right to Read from

Tom Friedman of The New York Times is the champion of the notion that, as a result of globalization, "the world is flat". The e-reader platform world, when one folds in the territorial nature of ...

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post image U.S. Entrepreneur accuses IIT KGP of stealing Technology! from

(Image taken from here)

The renowned Indian Institute of Technology, Kharagpur (IIT KGP) and its affiliate Technology Incubation and Entrepreneurship Training Society (TIETS), often in the limelight for their innovative creations, seem to have attracted ...

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post image Applicant caught between inconsistent BPAI Decision and Petition Decision from

Takeaway: The Examiner objected to originally filed drawings in the first Office Action on the merits (mailed in 2004), and the Applicant is still fighting the very same objection in 2011 – even after winning at ...

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post image Counsel for disputants must not teach experts to become partisan, warns judge from

At over 71,000 words and with 578 paragraphs, Mr Justice Arnold's ruling this morning in the Patents Court, England and Wales, in Medimmune Ltd v Novartis Pharmaceuticals UK Ltd & Another [2011] EWHC 1669 ...

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post image Pfizer: Abuse of dominant position? (2) from

In November we made reference to the investigation started by the Italian Autorità Garante della Concorrenza e del Mercato (here).

It is investigated if Pfizer has tried to artificially extend the protection over EP0364417 until ...

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Conference & CLE Calendar from

July 7, 2011 - Inequitable Conduct after Therasense (Intellectual Property Owners Association) - 2:00 PM (ET) July 8, 2011 - Stanford v. Roche: The Impact on Management of University IP (Technology Transfer Tactics) - 1:00 - 2:00 ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Endo Pharmaceuticals Inc. v. Watson Laboratories Inc. et al. 1:11-cv-00575; filed June 29, 2011 in ...

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How Will Patent Reform Solve The USPTO Backlog? from

Last week, The Kojo Nnamdi Show on Washington, D.C. public radio station WAMU had two programs about patent reform. On Tuesday, there was a panel discussion on "Innovation and Patent Reform." On Wednesday, Kojo ...

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Trademark Tension: Fear Whose Spear? from

John Frazier, Jr., Guest Author As a recent graduate of The Florida State University (FSU) this story, Southeast High School using FSU’s logo, caught my attention, There have been many high schools that mimic ...

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Streamlining patent applications from

Back in February, the Prime Ministers of Australia and New Zealand issued a statement about harmonising IP laws (and procedures) between their countries. Today, the Minister for Innovation, Industry and Science and the New Zealand ...

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Knowledge is the World Bank's greatest asset. from

Many think of the World Bank as a solely financial establishment -- making loans and grants for projects in developing countries. Yet, the real strength of the Bank lies in the combination of money and knowledge ...

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Qualified Response To RFA Seeking Admission That Specified Prior Art Was Not Disclosed During Examination Was Appropriate from

The court affirmed the magistrate judge's decision to deny defendant's motion to deem certain RFAs admitted. The RFAs asked plaintiff to "admit that '[plaintiff] did not Disclose [a certain prior art reference] to ...

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"Apparently, Google thinks it can get better returns on $4.5 billion by paying lawyers to defend Android." from

Of Google's failure to obtain the Nortel patents, Larry Dignan writes Apparently, Google thinks it can get better returns on $4.5 billion by paying lawyers to defend Android.

Interesting issue, is it cheaper ...

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Is "harmonization" a good argument for patent reform? from

One of the key arguments in patent reform for "first to file" is to "be like Europe."

As Charles Krauthammer points out, the US has been "harmonizing" with Europe in a different area:

"The problem ...

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Why isn't IP on the bar exam? from

I'm studying for the NY bar this summer, which means I spend every morning as a BARBRI girl, watching helpful reviews of things like the difference between possibilities of reverter and vested remainders subject ...

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Historical Patents: The Barbecue Grill from

In the United States, barbecuing on the July 4th holiday is a great American tradition.  However, the barbecue was not invented in the United States – in fact, the cooking method has existed for so ...

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How Do The Nortel Patent Auction Numbers Measure Up? A Look At Comparable IP Monetization Efforts from

A lot of numbers are being thrown around in reaction to the Nortel auction, but the one that seems to be the most interesting is $750,000 per patent.  Arriving at this number includes entertaining ...

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Do away with business school admissions essays? from

A post titled Scrap the B-School Admissions Essay concludes with the text:

If business schools really want to attract applicants who are a good fit for their institutions--and do away with plagiarism, duplicate essays, and ...

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Trademark Litigation Study: Will there be any epilogue? from

It has been two months since the Department of Commerce (of which the USPTO is a part) released its long anticipated study on trademark litigation tactics. So, what has happened since we summarized the report ...

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Stem Cell Research Advancement Act of 2011, H.R. 2376 from

U.S. Rep. Diana DeGette , D-CO, and Rep. Charlie Dent, R-Pa, reintroduced legislation to support embryonic stem cell research.  The representatives are co-sponsoring the Stem Cell Research Advancement Act of 2011, H.R. 2376. The ...

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August 5 hearing on preliminary injunction against Samsung too early, judge tells Apple from

Apple's impressively bold motion for a preliminary injunction against four Samsung products in the U.S. market proposed a hearing in one month from today: on August 5, 2011, at 1:30 PM Pacific ...

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More Free Patent Searching and Bulk Downloads with PatentsSearcher from

After I wrote my last post on free patent search sites, a LinkedIn user on the Intellectual Property group recommended a free patent search tool that was just too great to overlook.  This tool has ...

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Lodsys sues The New York Times Company and five other companies who previously sued Lodsys from

Lodsys filed a patent infringement lawsuit today in East Texas against the very six companies who previously filed declaratory judgment actions against Lodsys in other jurisdictions. I have uploaded the complaint to Docstoc. The six ...

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Fixing IP Prices with Royalty Rate Caps and Patent Pools from

This is the fourth in a series of features written by Keith Mallinson (WiseHarbor) for IP Finance. In this piece, Keith contrasts different structures for establishing the price paid for use of IP in the ...

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BusinessWeek blasts HR 1249 (patent reform) from

From the post:

Finally, diverting patent fees is unfair. As Coburn explained, inventors pay fees to the patent office to have their applications evaluated, not to support other parts of the government. "If an American ...

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Hynix v. Rambus from

Errata correction in Hynix v. Rambus: Page 6, 7 lines from the bottom, change “Joel Karp, Rambus’s Vice President for Intellectual Property” to –Crisp—. had written of the case: The U.S ...

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Looking at the Zynga IPO, A Patent and Business Perspective from

The question remains in the mind of many, however, whether Zynga is a company worth investing in given its near complete dependence on Facebook for revenue. If you actually read the Zynga S-1 filed with ...

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WHO Expert Group Sifts Ideas For New Global Drug R&D Mechanism from

A diverse team of global experts on public health research and development will meet this week behind closed doors to analyse proposals for ways to fund R&D; on diseases afflicting poor populations – and for ...

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Mongol Nation Gets To Keep Trademarks from

By Daniel Davidson A motorcycle gang known as the Mongols was recently afforded an Order from U.S. District Judge Otis D. Wright “regrettably” vacating an injunction issued by a lower court in which the ...

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Google says at least one of Oracle's patents-in-suit is not even used in Java from

Today Google filed its reply to Oracle's opposition to its Daubert motion (a request by Google to exclude Oracle's damages expert Prof. Cockburn and his damages report).

The disagreement over damages calculation methodologies ...

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"China is notorious for laxness when it comes to IP" from

From an article in Popular Photography:

While it would be an understatement to say that China is notorious for laxness when it comes to IP, the issue seems remarkably similar to what we've been ...

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EDVA approves permanent injunction; provides detailed analysis of eBay factors and injunction scope from

On May 23, 2011, Judge Robert E. Payne of the Eastern District of Virginia issued an opinion granting ePlus’ (“plaintiff”) motion for a permanent injunction against Lawson (“defendant”). ePlus, Inc. v. Lawson Software, Inc., Case ...

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Docs at BIO: Steve Burrill's State of the Biotechnology Industry Report 2011 from

By Kevin E. Noonan -- Steve Burrill, President and CEO of Burrill & Co. took the stage at BIO 2011 in Washington, D.C. last Tuesday, and spent his 90 minutes in a brief retrospective of his ...

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