Patent & IP news for October 7, 2011

Patent Litigations



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post image Tiger Woods Comes Roaring Back from

It has been announced that the golfer Tiger Woods has entered into a new endorsement agreement with Rolex. As reported in the article "Tiger Woods Takes Major Step on the Corporate Sponsor Comeback Trail" here ...

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post image Friday fantasies from

Friday -- time to check those Forthcoming Events again, for signs of real excitement.  Also, to check the various discounts available to IPKat readers on conferences, books and services, click "Special offers for blog readers" here ...

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post image Old Mule on Old Ground from

Rule of law and adherence to procedure are a shell game at the USPTO, just as competent examination on the merits is a chimera. Less than three weeks ago the CAFC kicked the BPAI for ...

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post image One from

About the only time the CAFC is on the square is when two competitors duke it out. So it was with IGT v. Bally (CAFC 2010-1364, -1365). Then again, with Judges Newman and Moore on ...

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post image Big laws, small businesses: what will be the AIS's impact from

Child's play: patents have never
been easy for small businesses to
deal with -- but are things changing?
While there are commentaries a-plenty on the detailed legal ramifications of the recent United States overhaul of ...

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Australian Senate Committee Issues Recommendation on Gene Patenting Bill from

By Donald Zuhn -- Last month, the Legal and Constitutional Affairs Legislation Committee of the Australian Senate issued its recommendation on a bill that would have prevented the patenting of biological materials that are identical or ...

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Another Board Affirmance Found To Improperly Rely On A New Ground Of Rejection from

Barely two weeks after vacating the decision of the USPTO Board of Patent Appeals and Interferences in In re Leithem as being based on a new ground of rejection, the Federal Circuit took similar action ...

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Sony v Tenenbaum: The Trouble With Statutory Damages For Copyright Infringement from

Brian Chau is a JD candidate at Osgoode Hall Law School. In Canada and the United States, copyright owners may elect to recover an award of statutory damages for each work infringed instead of actual ...

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Revolutionizing Prior Art Research: How Crowdsourcing Could Save the Angry Birds from

The question may arise – what if the result of crowdsourcing is less than the proverbial "smoking gun," can it place the App Developers at a disadvantage in court? Case law indicates that the answer is ...

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Principal Register of trademarks vs. Supplemental Registger from

There are two federal registries of trade marks in the United States, the “Principal Register” and the “Supplemental Register.” You do not need to register a mark on any federal register to use the mark ...

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Rhythmix: nadir or Nirvana for band names? from

With all that the dust whipped up by the glamorous showbiz dispute over the band name Buck's Fizz, barely settled (writes the IPKat's friend Andy Johnstone), here comes news of a new trade ...

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Damages Methodology Using "New User Engagement Statistics" to Calculate "Incremental Revenue" Attributable to Infringement Not Inherently Unreliable from

The court denied defendant's motion to strike plaintiff's damages expert's report as "lacking in sound economic and factual predicates." "[Defendant] asserts that [the expert] 'adopts his own interpretation of [defendant's] "new ...

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Top 5: Inventions for Disposing of Fallen Leaves from

The annual chore of disposing of fallen leaves is a familiar one to suburbanites around the world.  For kids it means the joy of getting to frolic in leaf piles on a crisp sunny day ...

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Inventor Of Patented CGI Technique Runs To Court After A Walt Disney Runaround from

Joe Alter invented an improved technique for computer generated animation back in 2000, and was awarded US Patent 6,720,962 in 2004. According to Alter’s patent, his invention allows for “creation of a ...

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Friday Foreign Filing Roundup from

Here's a recap of the foreign filing/patent law news from the week of October 3:

  • The EPO announced the accession of Finland to the London Agreement, which comes into force on November 1 ...

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Android Woes: IV Sues Motorola Mobility for Patent Infringement from

So here we are, many years later and IV's philosophy seems to have changed. No longer is litigation a poor way to monetize patents, but rather IV sees itself as having a responsibility to ...

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Google and T-Mobile ask the ITC not to ban HTC's Android devices as requested by Apple from

After a federal court accepted Verizon's and T-Mobile's amicus curiae briefs in support of Samsung against Apple's request for a US-wide preliminary injunction against four Android-based devices, a new round of please-don ...

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Kodak's Bondholders Seem Supportive of Plans to Sell Patents from

The following is excerpted from an October 7, 2011 article published by Businessweek: Eastman Kodak Co.'s plan to sell patents is gaining traction with bond investors after derivatives last month suggested a 97 percent ...

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Who has the duty to disclose relevant information to the Patent Office? from

A company president who is intimately involved with the prosecution of a patent application even if the company president is not an inventor has the duty to disclose relevant information to the invention to the ...

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In Changing Chinese Wind Market AMSC-Sinovel Dispute Will Test IP Enforcement from

In what is emerging as a major green IP story, not just of technology but of international intrigue, American Superconductor (AMSC) recently filed two lawsuits against its erstwhile customer, Chinese wind energy system maker Sinovel ...

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