Patent & IP news for September 27, 2011

Patent Litigations



Patent & IP Blogs

post image US Postal Service believes that “PO Box” is a trademark ?! from

Could “PO Box” possibly be a protectable trademark? Yes… but only for non-postal services in my opinion. “PO Box” could be the name of a band.  Or the name of a board game. Or some ...

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post image MIT Battery Startup Likes Liquidity from

Liquid Metal Battery Corporation (LMBC) is a Boston-area startup pursuing an liquid metal battery technology. According to this Greentech Media piece, Don Sadoway of MIT is the inventor of LMBC’s core technology. Sadoway is ...

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post image Conducting a post-mortem on Astella’s Indian Patent No: 234753 from

Continuing from my last post on Astella’s patent infringement lawsuit against Micro-Labs, I’ve managed to access the details of the file wrapper from the IPAIRs system and I thought it would be interesting ...

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post image Daniels in the lions' den: can they avert a disaster of Biblical proportions? from

Last Friday, while this Kat was at the LIDC Conference in Oxford, he was raging against the monstrous abuse of monopoly which resulted from the laws currently in place to protect the London Olympics and ...

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post image Improvising Intervening from

Marine Polymer sued HemCon for infringing 6,864,245, which claims a biocompatible polymer. HemCon successfully requested reexam during district court proceedings. "The examiner initially adopted a different claim construction than the district court." Marine ...

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post image Justice Sridevan’s report exposes the Central Govt’s apathy towards the IPAB from

C.H. Unnikrishnan of the Mint carried an interesting story, yesterday, on the state of affairs at the IPAB. As most of you may know Shamnad had filed a PIL before the Madras High Court ...

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post image Is AT&T Worried I’ll Leave Them When the iPhone 5 Comes Out? from

At the beginning of this month, AT&T; rewarded some customers by giving them 1,000 free rollover minutes. While I’ll leave the debate of the dubiousness of such a reward to later, I ...

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post image PCC Page 39: The Robot Octopus hides the paperwork from

Fastidiously fashioned 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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post image SuperGroup: Fashion, Recession and IP from

It seems quite a long time ago that this Kat confidently described intellectual property as the most recession-proof area of legal practice and, while he's sure he's right in principle, he can't ...

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USPTO Implements Prioritized Examination Track under AIA from

By Donald Zuhn -- Five months after postponing the launch date of the prioritized examination (or Track I) portion of the Enhanced Examination Timing Control Procedures Initiative, the U.S. Patent and Trademark Office announced on ...

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Federal Circuit Vacates Board Affirmance Found To Rely On New Ground Of Rejection from

The recent Federal Circuit decision in In re Leithem highlights what some practitioners believe is a growing problem with decisions from the USPTO Board of Patent Appeals and Interferences: the Board's practice of "affirming ...

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Talk Of Treaties, Revenue Increase As WIPO’s General Assemblies Kick Off from

The annual World Intellectual Property Organization meeting of member states kicked off yesterday with hope among participants that the next year could bring a return to positive revenues, a settling of internal dissension, and some ...

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Back to buckyballs from

A post at bnet titled How One Company Taxes Women Who Are Bad at Science and Math contains the text:

But the settlement also allows IntelliGender to stay in business simply because it has changed ...

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September 27: anniversary of 1964 declaration that Oswald acted alone from

A New York Times blogpost begins:

On Sept. 27, 1964, the Warren Commission released its 888-page report on the assassination of President John F. Kennedy.

There is text:

Three of the seven members of the ...

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How many motions for enhanced damages or attorneys' fees have been filed in the California federal district courts? from

An award of enhanced damages or attorneys’ fees can significantly increase the stakes of a patent case. Like many other aspects of patent litigation, the questions of whether an award is appropriate and if so ...

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Royalty Range Based on "Medical Field in General" Not Admissible in Case Involving Trocars from

Defendant's motion in limine to exclude the testimony of plaintiff's damages expert concerning a royalty range. "[The expert's] testimony on a royalty range was not limited to trocars, but appears to be ...

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America Invents Act: Other Provisions in Effect Now from

The biggest changes from the America Invents Act will not be seen for some time, several years in some instances.  The Act does, however, have a number of provisions that have already gone into effect ...

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Re:Sound Not Soundly Defeated Just Yet from

Brent Randall is a JD candidate at the University of Ottawa. On September 8, 2011, the Supreme Court of Canada granted leave to appeal in the Federal Court of Appeal case of Re:Sound v ...

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Critical Issues in Fashion: An International Perspective from

Courtney Doagoo is a doctoral student at the University of Ottawa, Faculty of Law. Over sixty academics, scholars, practitioners, curators, designers, and authors representing more than a dozen countries came together from September 22 to ...

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Patent Protection in the ASEAN Region from

Managing IP magazine recently featured an article by Fabrice Mattei of Rouse, our agent in Thailand, on patent strategy in the Association of Southeast Asian Nations (ASEAN) region.  In the article, Mattei discusses some of ...

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Rave Reviews for Professor Carys Craig from

Pauline Wong is the Assistant Director of IP Osgoode. Our own Carys Craig, Associate Professor and Member of IP Osgoode, has recently released a book on copyright that has already made a splash among legal ...

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IP Osgoode Copyright Conference: Can Canada Learn Anything from Europe? from

IP Osgoode is hosting a symposium on copyright on Friday, October 21, 2011.  The focus of the event is summed up in its title, “Can Canada Learn Anything from Europe? European Perspectives on Copyright Law ...

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Patent Reform Effectively Ends Multiple Party Suits, Says Expert from

Filing Costs Will Rise; Post-Grant Reviews Will Impede Dear Bruce, A new provision I just became aware of in an article by Morrison & Foerster regarding the Joinder and Consolidation provisions of the new American Invents ...

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Christian Louboutin’s Red-Soled Heels Take One Step Back With US District Court Decision from

Satomi Aki is a JD candidate at Osgoode Hall Law School. On August 10, 2011, the US District Court denied Christian Louboutin S.A.’s motion for an preliminary injunction against Yves Saint Laurent (YSL ...

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Chief Judge Rader: Improving Patent Litigation from

Today, Chief Judge Rader delivered an important speech to a joint meeting of the Federal Circuit Bar Association and the Eastern District of Texas Bar Association. The focus was on the current and future state ...

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Internet Governance Forum Faces Challenges As UN Hears Proposals For New Bodies from

The United Nations-led Internet Governance Forum is in its usual dialogue-only mode again this week as it meets in the Kenyan capital of Nairobi. But it is facing huge challenges at the beginning of its ...

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Featured Resource: Esp@cenet from

The European Patent Office’s Esp@cenet search is one of the highest-regarded free search tools available.  It offers full-text search for European patents and searchable bibliographic patent information from all over the world.  It ...

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Craziness at the University of Virginia? from

The University of Virginia, associated with the Alison Routman incident for "plagiarism" at Semester at Sea, apparently has another plagiarism tempest. See McKenzie drops four UJC charges

ACC school UNC just finished the McAdoo plagiarism ...

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NJ fugitive caught after 40 years from

George Wright, who murdered World War II Bronze Star recipient Walter Paterson at an Esso station in Farmingdale (Monmouth County) NJ in 1962, was apprehended in Lisbon, Portugal in 2011. Wright escaped from a Leesburg ...

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CAFC: Intervening Rights for Claims Unamended During Reexam* from

I like writing about esoteric patent law topics and the question of “intervening rights” in reexaminations/reissues is one of the more esoteric. See my 1998 JPTOS article entitledIntervening Rights: A Potential Hidden Trap for ...

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Apple complains about timing of Verizon's proposed amicus brief from

On Friday, the largest U.S. wireless carrier, Verizon, asked a federal court for permission to file an amicus curiae ("friend of the court") brief in support of Samsung against Apple, and provided its proposed ...

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Swear behind conception draft application from

Can a draft application serve as evidence of conception in a swear-behind declaration?

In prosecution, a reference that is dated a few days or weeks before your application's filing date may provide an opportunity ...

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