Patent & IP news for September 15, 2011

Patent Litigations



Patent & IP Blogs

post image How much is a secret worth? from

A jury in Virginia District Court has awarded damages of US$919 million for trade secret misappropriation against a South Korean company, Kolon Industries. Returning a verdict finding that Kolon illicitly made use of 149 ...

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post image IP Experts Provide Insight into Changing Patent Landscape from

Patent-based headlines are becoming more and more frequent based on recent news such as federal patent reform and the increase in patent litigation.  This increase has driven many industry experts to publish their analysis and ...

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post image Federal Circuit Finds Construction of Term Unnecessary from

Respironics, Inc. v. Invacare Corp. (Fed. Cir. Jul. 8, 2011) (nonprecedential)

In this case, the Federal Circuit determined that, as it held the two patents in suit were anticipated by a prior art reference, "it ...

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post image The German Federal Patent Court and the changing principles of morality from

Some surprising news - well, to this prudish Kat anyway - come from the German Federal Patent Court (Bundespatentgericht) which has decided that the trade mark "F*CKEN" (register entry shown to the left in prudishly small ...

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post image The Federal Government’s Contempt for Patent System and Constitution from

The Solyndra scandal  demonstrates the Federal Government’s complete contempt for the Patent Office and the Constitution.  The bankruptcy of Solyndra means that the federal government will have to pay out $535 million in loan ...

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post image Mark Lemley’s Socialist Theory of Invention from

Professor Mark Lemley has asserted that inventions are really created by society and the idea of individual inventors coming up with important inventions is a myth.  I have shown that the broad macroeconomic facts do ...

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Butamax comments on Gevo's infringement assertion from

As to Rule 11 in patent infringement cases, IPBiz once quoted Philip Brooks' Patent Infringement Updates:

Via Rule 11 of the Federal Rules of Civil Procedure all actions brought in federal court have a pre-filing ...

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President Obama Expected To Sign Patent Reform On Friday, September 16, 2011 from

According to the Washington Post, and supported by comments from Robert Stoll, USPTO Commissioner for Patents, during the September 14,2011 webinar hosted by Foley & Lardner LLP, President Obama is expected to sign the Leahy-Smith ...

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Comments to USPTO regarding proposed trademark specimen rulemarking from

The following are the comments of our firm, Erik M. Pelton & Associates, PLLC®, submitted to the USPTO this week regarding “the proposal to revise the Trademark Rules of Practice and the Rules of Practice for ...

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Weekly Crowdsourcing Spotlight from

To highlight the success of global crowdsourcing, Article One Partners offers a weekly roundup of current news stories documenting how crowdsourcing is being used in various industries around the world.

Take YouTube, Add The Gong ...

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Clock Ticking for Trademark Registrants Seeking to Block Registration of Their Marks on .XXX Domain from

As has been widely reported by the mainstream press and most legal publications, the Internet Corporation for Assigned Names and Numbers (ICANN) has approved a new “.XXX” top-level domain expected to be utilized by the ...

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Enactment of Patent Reform Act from

Pres. Obama plans to sign the patent reform bill on Friday, September 16.  This means that several parts of the legislation will go into effect shortly. The PTO will be granted fee-setting authority (although not ...

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First Sale Doctrine Only Applies To American Made Works from

Matt Lonsdale is a graduate of the Schulich School of Law at Dalhousie University. The US Court of Appeals, Second Circuit has affirmed that the “first sale” doctrine of US copyright law, codified as section ...

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A Critique of Mark Lemley’s “The Myth of the Sole Inventor” from

For example, regarding Thomas Edison, Lemley’s primary case illustrating the so-called “myth of the sole inventor,” he alleges that “Sawyer and Man invented and patented the incandescent light bulb” (Lemley 2011, p26) and that ...

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Chief Judge Of Patent Appeals Court Resurrects ‘State Street’ And Approves Software Patents from

Patent eligibility (sometimes confusingly referred to as patentability) seem to have come full circle.  In decades past, a series of decisions from the US Supreme Court raised doubt about patent eligibility of business methods and ...

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Mining Patent Gold: What Every CEO Should Know from

The truth is that Google bought a great deal more than patents when it acquired Motorola, though there are doubtless some real gems in the Motorola portfolio. As a relative newcomer to the wireless arena ...

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Ultramercial v. Hulu from

This case is directed to a method of delivering copyrighted material over the web.  It provides some interesting quotes related to software and web based inventions. “[I]nventions with specific applications or improvements to technologies ...

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Plaintiff Ordered to Reduce Asserted Claims From "Between 88 to 121 Claims" to "31 Claims Across the Four Patents-in-suit" from

Defendants' motion to limit the number of claims was granted and plaintiff was ordered to reduce its claims from 88-121 against each defendant to 31 claims across the four patents-in-suit. "The Court finds that limiting ...

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NCDs Pose Major Threat to Public Health, WHO Reports from

The greatest threat to global public health is not infectious diseases according to the World Health Organization. In a report released this week, the WHO found that non-communicable diseases (NCDs) are the top cause of ...

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The Literature Search Secrets of U.S. Patent Examiners from

Patent attorneys and applicants would love to know what material the U. S. Patent and Trademark Office (USPTO)  Examiners will be searching when they investigate new patent applications.   Wouldn’t it be great if, in ...

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Experts Still Divided On Influence Of IP On Biodiversity Conservation from

While the global loss of biodiversity is widely recognised, the question of whether the influence of intellectual property rights on the protection of biodiversity is positive or negative does not achieve such consensus. A discussion ...

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Judge throws out Google's summary judgment motion on copyright almost entirely from

Only two business days before court-ordered settlement talks between Oracle's and Google's CEOs begin, Judge William Alsup has denied a Google motion for summary judgment on Oracle's copyright infringement claims almost entirely ...

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Patent Reform – Solving Problems That Do Not Exist? from

Scott Nyman   A few months back, I wrote a series of articles outlining the provisions included in the Leahy-Smith America Invents Act, then called the Patent Reform Act of 2011. One topic that...


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Federal Circuit Holds Internet Monetization Method is Patent-Eligible from

The Federal Circuit ruled today that the claimed method of monetizing and distributing copyrighted products over the Internet is a patent eligible process in Ultramercial, LLC v. Hulu, LLC. At issue in the case was ...

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Dr. Oz’s Patent from

You may be familiar with Dr. Mehmet Oz who often appeared on the Oprah Winfrey Show. He now has his own syndicated televison show. This past August he and his co-inventors had a patent issue ...

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