Patent & IP news for November 3, 2011

Patent Litigations



Patent & IP Blogs

post image More Easter Bunny news - this time from Austria from

We have yet another development in the apparently never ending Easter Bunny disputes between Swiss chocolate maker Lindt and various European competitors.

After the latest developments in the dispute between Lindt and its German competitor ...

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post image Welcome to London: Home of the Unified Patent Court? from

London often looks like this
after a couple of pints of Badger
Readers will have noted Merpel’s fuzzy little head popping up yesterday, speculating on which meritorious location will house the new Unified Patent ...

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post image Power of brands: Average 3 yr old familiar with 100+ brands from

National Public Radio recently aired a great feature with Martin Lindstrom. Lindstrom is the author of a recent book called Brandwashed. Based on the NPR story, I cannot wait to read the whole book.  Two ...

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post image Past historic 2: Prince Albert and the etchings from

Prince Albert:
consort and litigant
The second item in the little bundle of photocopied articles on IP history which this Kat researched and wrote back in the 1980s, when he was still a full-time academic ...

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Court Grants Software Copyright Temporary Restraining Order Against Former Employee from

Glacern Machine Tools, LLC is suing its former employee, who was also an owner and manager of the company, for copyright infringement, conversion, and breach of fiduciary duty. Glacern alleges that defendant Eric Sun wrote ...

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Dyson v Vax, a registered design battle over vacuum cleaners from

Dyson lost on the 27 October, on appeal, a court case about a registered design for the appearance of their vacuum cleaners to Vax. The look in question is in British registered design 2043779,...

(From ...

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Federal Circuit Says Regulatory Patent Term Extension Prolongs Life of Entire Patent from

I  wrote previously about the patentability issues raised in Genetics Institute, LLC v. Novartis Vaccines & Diagnostics, Inc., and Novartis’ ability to rely on unexpected results discovered after the filing date to support non-obviousness.  Here, I ...

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Three-Year Lie Justifies Partially Terminating Sanction: Entry of Default as to Liability from

The court granted plaintiff's motion to strike defendants' answer and enter default as to liability as a sanction for defendants' three-year long lie about sending an infringement letter to one of plaintiff's suppliers ...

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Increased Patent Litigation in the District of Delaware? from

Following last month’s enactment of the Leahy-Smith America Invents Act (“AIA”), significant limitations on multidefendant infringement suits are now in effect. Specifically, the joinder provision of the AIA, 35 U.S.C. § 299, permits ...

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Off-Line Research Guide: Trade Catalogs from

The best prior art is often found off-line – in local, foreign language, or otherwise hard-to-find documents.  Over the next few weeks we will explore the best potential sources of off-line literature, and specific research tips ...

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TTAB Roundtable Summary from

Earlier this week, the Trademark Trial and Appeal Board held a stakeholder roundtable at the USPTO campus in Alexandria, Virginia. This was the first roundtable conducted by the TTAB in several years; the last such ...

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Global Patent War Between Samsung & Apple Continues On FRAND-ly Terms from

Sara Hlobil is a student of Dutch Law at the University of Amsterdam on exchange with Osgoode Hall Law School for the Fall term of 2011, and is currently enrolled in Professor Ikechi Mgbeoji’s ...

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District of Delaware Rules that API Manufacturer Cannot Be Sued Under Section 271(e)(2) from

by John L. Abramic Leo Pharma A/S v. Tolmar, Inc., No. 10-269-SLR (D. Del.) LEO Pharma A/S sued Tolmar, Inc. in the District of Delaware for patent infringement under 35 U.S.C ...

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Apple Loses Tablet Case Against Small Spanish Firm from

The following is excerpted from a November 3, 2011 article published at Reuters Canada: A small Spanish tablet maker has won a patent infringement battle with Apple Inc in a rare victory against the U ...

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Copyright Industry Report Shows Grand Contribution To US Economy from

Trade associations from various copyright-intensive industries have released a report showing they account for nearly $1 trillion in value to the United States economy, and provide some 5 million jobs. Related Articles:

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The Dirty Details of Disclosure: Navigating the Fine Line Between Prior Art and Public Good in British Patent Law from

Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. On 27 July 2011, Mr. Justice Arnold of the Patents Court Division of the High Court of England and Wales, by refusing to grant ...

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Free Cross-Lingual Searching on IpXnase from

For non-native English speakers, searching for English-language prior art often proves to be challenging.  Luckily, resources like IpXnase exist which provide free cross-lingual patent and prior art search tools.  Native English speakers will benefit from ...

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PCT Basics: Understanding the International Filing Process from

The appeal of the PCT process is that it enables patent applicants to file a single patent application and have that single, uniform patent application be treated as an initial application for patent in any ...

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Check out these [not quite new] blogs from

There aren't many blogs that focus on patent prosecution, so whenever I find one I make a point to tell my readers.

Last month I mentioned Ryan Alley's new blog which covers Federal ...

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EU Limits Embryonic Stem Cell Research Patentability from

Grant O’Shea is a JD candidate at Osgoode Hall Law School, and is currently enrolled in Professor Mgbeoji’s Patents class, in Fall 2011. As part of the course requirements, students are asked to ...

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