Patent & IP news for November 30, 2011

Patent Litigations



Patent & IP Blogs

post image US Brain Drain from

I have been predicting that the United States is suffering a brain drain.  I have reported on this phenomena several times including my post Phil the Expat, which discusses a highly skilled scientist moving to ...

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post image Wednesday whimsies from

Final call for IP publishers and editors.  The Kat now has 40 people for this most enjoyable annual free lunch next Wednesday, 7 December, 12.30pm to 2.30pm, in the High Holborn office of ...

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post image Update: Google finally files to protect CHROME trademarks from

More than 6 months ago, I wrote on this blog about Google’s failure to protect the Chrome trademark. Now, more than 3 years since the launch of the Chrome browser, Google has finally filed ...

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post image More Wednesday Whimsies from

From the IPKat's Turkish friend Mehmet Artemel comes information about the adventures of Hello Kitty, who found herself transformed into a handsome piece of bonnet decoration for a pink Jeep owned by the stylish ...

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post image ‘Chennai Live’ 104.8 calls PPL’s bluff on U.S. Sound Recordings – Finally! from

We recently received information that Muthoot Broadcasting Pvt. Ltd., which owns the English music radio station – ‘Chennai Live’ 104.8, had moved the Copyright Board back in April of this year, questioning the right of ...

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post image David Boies joins Barnes & Noble's legal team in Microsoft ITC case from

One of the United States' most famous lawyers filed his notice of appearance on Barnes & Noble's behalf in the ITC investigation of Microsoft's patent infringement complaint: David Boies, the chairman of the Boies ...

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post image Lack of credible witnesses and evidence: a recipe for failure from

Being a self confessed 'foodie', this Kat has been following the Reggae Reggae Sauce case with interest (see her previous Katpost here). As readers will recall, these proceedings involved (a) a claim by Mr Bailey ...

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post image The bruising battle over an 'Orchid' trademark: From Bombay to Chennai from

The hospitality servicessector in India has always had its fair share of IP litigation. One of the morerecent and most interesting cases revolves around the ‘Orchid’ trademark whichis being litigated before no less than 3 ...

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post image "Concept level rethinking" helps Virgin survives pre-grant from Jet from

In a matter closely tracked by patent attorneys and the aviation sector for some years now, the Chennai Patent Office last week finally issued its decision on the opposition filed by Jet Airways and the ...

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post image Mark Twain’s Birthday: Thoughts on Patents from

Today is Mark Twain’s 176th birthday, which makes it a perfect time to review some of his thoughts on the patent system.  Mark Twain wrote extensively about the patent system.  In the book, Innocents ...

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post image Copyright Board crippled due to lack of quorum – APAA moves Delhi High Court from

The Central Government has created yet another head-banging situation for lawyers appearing before the Copyright Board. The latest cause for this being the adjournment of the Copyright Board due to lack of quorum!  
Image from ...

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post image Past historic 6: Elzie Segar, icon creator from

The sixth 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, has a very different focus ...

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Justice Kennedy and the Affordable Health Care Act from

An article at on the Supreme Court hearing arguments about the Affordable Health Care Act begins with an emphasis on Justice Anthony Kennedy:

If the Supreme Court breaks down along its usual ideological ...

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In re Stepan Co. (Fed. Cir. 2011) from

By Kevin E. Noonan -- It is widely appreciated that the Supreme Court has spent the better part of the last ten years exercising its supervisory role over the Federal Circuit, something the Court generally refrained ...

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Bpai obvious attack references individually general teaching from

Takeaway: The Applicant appealed an obviousness rejection of claims directed to rule-based processing of medical records. The Applicant attacked the rationale for combining by focusing on the three very different technology areas in which the ...

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Steve Jobs' patents from

A New York Times article on Steve Jobs patents made The 40 most-shared articles on Facebook in 2011.

Link for 40:

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HTC's most detailed statement to date on the IPCom situation from

Yesterday, Reuters obtained a confirmation from a court spokeswoman of IPCom's ability to now enforce a 2009 ruling against HTC, and meanhwhile HTC has issued its most detailed substantive comments on this situation.

I ...

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Samsung gets Oz injunction discharged from

The Full Federal Court (Dowsett, Foster and Yates JJ) has allowed Samsung’s appeal from Bennett J’s decision and discharged the interlocutory injunctions against the Galaxy Tab 10.1. On a first read, it ...

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India: Novartis Hearing Postponed from

The Supreme Court in New Delhi has postponed the Novartis v. Union of India hearing. The case will now be heard on 28 February 2012. Related Articles:

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USPTO To Host Job Fair December 9th and 10th from

The PTO distributed an email to the examining corps today, with details of an upcoming job fair. Sounds like the hiring of new examiners is about to begin in earnest.


All USPTO employees are urged ...

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Patently-O Bits & Bytes by Lawrence Higgins from

USPTO's Steve Jobs Exhibit On November 16th the USPTO unveiled the Steve Jobs exhibit, highlighting the Patents and Trademarks of Steve Jobs. "This exhibit commemorates the far-reaching impact of Steve Jobs' entrepreneurship and innovation ...

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Australian Appeals court lifts Galaxy Tab ban and restores sanity in patent enforcement down under (which benefits Apple, too) from

Earlier today, Samsung succeeded with its appeal against an Australian preliminary injunction banning the Galaxy Tab 10.1 over the suspected infringement of two Apple patents.

Apple might appeal this decision, but local observers appear ...

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SpicyIP Announcements: NLSIR Public Law Symposium on "Adjudication of Socio-Economic Rights by the Indian Supreme Court" from

SpicyIP is pleased to announce that the National Law School of India Review, the flagship journal of National Law School of India University, Bangalore will be organising the first NLSIR Public Law Symposium to be ...

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Merck cited by BPAI in affirming obviousness rejection in Ex parte Schoenberg from

Non-obivousness cannot be established by attacking references individually when the rejection is predicated on a combination.
Merck, 800 F.2d 1091, 1097 (Fed. Cir. 1986).

Of the details

The Examiner applied Harsham simply to show ...

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Featured Researcher: Andre S. from

This week’s featured Researcher is Andre S. from Los Angeles, California.  Andre has a B.S. in Pharmacology from the University of California at Santa Barbara and an M.B.A. from University of ...

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Where is that Library? A Round-Up of Online Library Directories from

Sometimes, searchers truly need to travel to the ends of the earth to locate a key piece of prior art.  Since an incredibly broad focus is needed to complete a thorough prior art search, it ...

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USPTO Announces More PPH Agreements, China and Iceland from

The USPTO always also points out that PPH agreements increase patent quality. That is likely true, but probably not as directly as you might expect. As far as I can tell the benefit to quality ...

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Petition Thresholds for Post Issuance Matters under the America Invents Act from

The new "Inter partes review" proceedings adjudicated before the newly created Patent Trial and Appeal Board, and the new "post-grant review" process will be implemented with the Group 2 Rules of the America Invents Act ...

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EU Picks Up Pace On Copyright Licensing, Private Copying, Unitary Patent from

European efforts to resolve three vexing intellectual property issues - copyright licensing, private copying levies and a unified system for granting and litigating patents - are gaining pace in the public and private sectors and could bear ...

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Bosch v. Pylon: Federal Circuit Confirms Elimination of the Presumption of Irreparable Harm in Permanent Injunction Analysis from

By Thomas F. Zuber and Sarah S. Brooks || The Federal Circuit recently cleared the confusion resulting from eBay and confirmed that case eliminated the presumption of irreparable harm in permanent injunction analysis. In Robert Bosch ...

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Divided Patent Ownership, Equitable Title, and Failed Assignments from

by Dennis Crouch Gellman v. Telular Corp. (Fed. Cir. 2011) Issues of standing continue to arise in patent infringement litigation. Well established precedent requires that plaintiffs suing for infringement collectively hold "all substantial rights" in ...

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Our Growing Partnership with China from

Guest blog by Deputy Director Teresa Stanek Rea

I find it hard to believe that I have been at the USPTO for almost ten months. When I started here at the USPTO, I knew I ...

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The sinking of the Titanic and patented inventions from

Publicity is building up towards the centenary next April 15 of the sinking of the SS Titanic on her maiden voyage. This posting is about the patent applications made following her sinking. Most...

(From Steve ...

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Rule 11 Sanction Denied Despite Plaintiff's Claim Construction And Infringement Theories That "Stretch[ed] The Bounds Of Reasonableness" from

The following is excerpted from a November 30, 2011 article by Gregory S. Cordrey of Jeffer Mangels Butler & Mitchell LLP published by Mondaq: In three patent cases brought by the same plaintiff, Raylon LLC, against ...

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