Patent & IP news for November 15, 2011

Patent Litigations



Patent & IP Blogs

post image Washington Post Suggest Producers and Parasites are Interchangeable from

“Do Government Regulations Really Kill Jobs?” opinion November 14,2011 Washington Post by  Jia Lynn Lang, explores the concept that one industry’s losses on overbearing regulations are another industry’s  boon.  Leaving aside the ...

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post image Small claims, big gains: a welcome reform for UK IP litigation from

Judge Jeffreys ("The
hanging judge"): would
he have approved?
Thank heavens for small mercies!  A media release from the United Kingdom's News Distribution Service has just informed the IPKat that the British Government has ...

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post image What Effects Are Patent Reform Measures Having on the Number of Parties and Patent Cases Being Filed? from

There has been much speculation on how patent reform will affect the number of patent cases filed in the courts,with particular interest focusing on how many parties will be involved in those suits.

Here ...

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post image Federal Circuit Ducks Question of Federal Mediation Privilege from

By Dennis Crouch Kimberly-Clark Worldwide v. First-Quality Baby Products (Fed. Cir. 2011) Diapers have been the subject of numerous patents and patent infringement lawsuits. In this case, K-C is suing its competitor, First Quality, for ...

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post image Letter from AmeriKat: Whats blue, black, green and yellow and can cost a fortune? from

The AmeriKat - small, black, brown, stripey,
and worth millions but thankfully 
 only costs the price of a chai tea latte What’s small, black, brown, blue, yellow or green and costs millions in patent litigation ...

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post image Patent Infringement Appeals Up 7.5% from

The following chart obtained from the United States Court of Appeals for the Federal Circuit shows that the number of patent infringement appeal filings increased to 426 in Fiscal Year 2011. This is the highest ...

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post image Swat from

Francis L. Conte worried over a rubber-band gun to swat insects. His patent application was rejected as obvious by the PTO. Conte took this valuable invention to the CAFC, which gave a lesson in the ...

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Home Depot smacked down at CAFC from

The conclusion of the case against Home Depot:

The jury’s verdict that Home Depot willfully infringed the ’039 patent and its decision to award $15 million in damages is supported by substantial evidence. We ...

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Streck, Inc. v. Research & Diagnostic Systems, Inc. (Fed. Cir. 2011) from

By Andrew Williams -- In Streck, Inc. v. Research & Diagnostic Systems, Inc., the Federal Circuit clarified that when a party to an interference appeals the decision of the Board of Patent Appeals and Interferences to a ...

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Selecting and Protecting your Brand from

Why are trademarks such valuable assets to businesses? What types of trademarks are effective? How are trademarks protected and registered? How do domain names affect trademarks? Why use an attorney to protect your trademark? Learn ...

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USPTO Guidance Already Bans Patents On Human Organisms from

One of the few patent prosecution-related provisions of the America Invents Act (AIA) that took immediate effect is the ban on patenting human organisms, set forth in Section 33(a) of the AIA: Notwithstanding any ...

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Excessive Jury Award Reduced From $70 Million to $26.3 Million from

The court granted in part defendant's motion for judgment as a matter of law and reduced the jury's lump-sum royalty award of $70 million to $26.3 million where plaintiff's patent covered ...

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Linus Torvalds cries 'bogus' too often and too easily -- but the gullible believe him from

I'm starting to see a pattern. For any intellectual property issues facing Linux (or at least the most popular Linux derivative, Android), Linus Torvalds has a standard answer at hand: after admitting that he ...

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WIPO Development Committee Kicks Off With Compromise from

The eighth session of the World Intellectual Property Organization Committee on Development and Intellectual Property (CDIP) opened this week with the close of its seventh session. Committee coordinators were still gathered in negotiations as the ...

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Would Combining References Change the Outcome of In re Klein? from

In the recent In re Klein decision, the Federal Circuit reversed the Board of Patent Appeals and Interferences’ decision because five separate obviousness rejections were not based on analogous art as compared to the claimed ...

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The Microsoft - Barnes & Noble Saga from

In March, after failed licensing negotiations with Barnes & Noble, Microsoft filed against the bookseller and manufacturers Foxconn and Inventec in the U.S. District Court for the Western District of Washington and with the International ...

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A Wealth of Chinese Non-Patent Literature at CNKI from

Non-patent literature (NPL) is difficult to sift through for relevant prior art, since there are so many different types of NPL documents.  NPL can literally encompass any type of document or media in any language ...

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WIPO: IP Policy Moves To Forefront Of Global Innovation from

The World Intellectual Property Organization has released its first report in what is expected to be a series of publications seeking to explain, clarify and contribute to policy relating to intellectual property. Its debut report ...

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Recent Patent Law Scholarship Roundup from

By Jason Rantanen Paul J. Heald and Susannah Chapman, Veggie Tales: Pernicious Myths About Patents, Innovation and Crop Diversity in the Twentieth Century: Who is correct: the ethnobotanists, with their belief that patents destroyed plant ...

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Critical view on EU Patent legal aspects from

In a time where Europe and especially the SMEs in Europe need more than ever an EU one stop shop, unitary, patent protection for their inventions, nobody seems to be able (or willing?) to cement ...

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Kimberly-Clark loses discovery issue in First Quality case from

The CAFC tackled an issue of privilege in the Kimberly-Clark ["K-C"] case:

Under Federal Rule of Civil Procedure 26(b)(1), a party may obtain discovery regarding “any nonprivileged matter that is relevant to any ...

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CAFC finds rubber band fly killer obvious in Conte from


Conte nonetheless points out that the claimed invention and Watkins teach different types of rubber band guns. As Conte correctly observes, the claimed invention uses rubber band itself to whiplash an insect, whereas the ...

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Fighting the Retroactive Elimination of False Marking Claims from

The Public Patent Foundation (PubPat) has continued its push against "the negative effects that over-patenting, unmerited patenting and excessive patent rights can have on society." The organization, founded by patent attorney Dan Ravicher, typically focuses ...

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How to Begin Researching an Article One Study from

As a follow up to last week’s post on how to choose an Article One Study, Patent Quality Matters offers tips on how to start the research process once a Study is selected.

Each ...

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More on de-linking IP from exclusivity from

Sir Gustav Nossal marked World Pneumonia Day by reporting on the roll-out of pneumococcal vaccine to 16 developing countries, which had been developed using an alternative to the traditional marketing approach. The surprising thing here ...

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Least-Developed Nations Propose Extension Of Deadline To Join TRIPS from

Least-developed countries at the World Trade Organization have proposed an extension of the deadline they are facing to implement a WTO agreement on intellectual property rights. But they have left open how much more time ...

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Global Action To Open Generic Competition For Key AIDS Drug from

Public health advocates in a dozen countries worldwide have launched a coordinated campaign to bring about generic competition on a key medicine for HIV/AIDS, currently under patent by a pharmaceutical producer. Related Articles:

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Costco Prevails in First Sale Case Thanks to Copyright Misuse from

On November 9, 2011, the United States District Court for the Eastern District of California, per Senior Judge Terry J. Hatter, Jr., granted Costco a summary judgment victory due to the fact that Omega engaged ...

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Parsley, Parsnip, Peas, & Peppers: Patent Policy Perspectives From The Vegetable Field from

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

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Creative Industry Unions, CFM And ACTRA, Strengthen Ties With Formal Alliance Agreement from

Andrew Baker is an LLB/BCL candidate at McGill University Faculty of Law. Canadian Federation of Musicians (CFM) and ACTRA have recently formalized a strategic alliance agreement that outlines opportunities for mutual support on issues ...

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Reminder: File New Applications Electronically To Avoid New Fee! from

As I wrote previously, the America Invents Act created a surcharge on patent applications that are not filed electronically. That sucharge took effect on November 15, 2011. The “Electronic Filing Incentive” Fee The America Invents ...

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Judge Wallach and the Federal Circuit Residency Requirement from

I was curious why no announcement has been made that Judge Evan Wallach, recently confirmed by the Senate, has been sworn in to office.  The delay might be the residency requirement for Federal Circuit judges ...

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