Patent & IP news for September 18, 2012

Patent Litigations



Patent & IP Blogs

post image One Year Anniversary of Patent Reform: Two Reasons Why it is Un-Constitutional from

A year ago the pork laden so called Patent Reform bill known as the America Invents Act (AIA) was enacted. First to File Provision:  Article 1, Section 8, Clause 8 of the Constitution states: To ...

Share via E–mail | Twitter | Facebook

post image Copyright Rules, 2012 from

In the past, we have extensively covered the amendments to the Indian Copyright Act by way of the 2012 amendment that was recently notified by the Government. Now, the draft Copyright Rules, 2012 have been ...

Share via E–mail | Twitter | Facebook

post image Understanding Intellectual Property Law Seminar for In-House Counsel and Non-IP Lawyers from

I have the pleasure of speaking – along with an esteemed panel – at Bridgeport Continuing Education’s intellectual property law seminar on September 27, 2012 in Los Angeles. The seminar is titled “Understanding Intellectual Property Law ...

Share via E–mail | Twitter | Facebook

post image Clean Tech in Court: Green Patent Complaint Update from

A number of green patent complaints have been filed in the last several weeks in the areas of biofuels, LEDs, and solar mounting systems.   Biofuels Gevo, Inc. v. Butamax Advanced Biofuels LLC Butamax Advanced Biofuels ...

Share via E–mail | Twitter | Facebook

post image New York City – a photo journal (Part two – retail and restaurants) from

On my recent trip to New York, I found many wonderful and creative names and logos. See my photos below. A few bland ones as well. I once wrote that Austin, Texas had the best ...

Share via E–mail | Twitter | Facebook

post image AOP Clash: Online vs. Offline Searching from

As you know, every Researcher has individualized methods of researching. This is partially due to the fact that everyone works in a different way. However, it is also partially because each person learns and retains ...

Share via E–mail | Twitter | Facebook

post image Samsung wasn't allowed to compare Apple's damages claim to cost of Curiosity Mars rover from

Samsung is pretty much in "appeals mode" against Apple and just filed with the court a variety of exhibits and slides that Judge Lucy Koh had excluded from the Apple v. Samsung trial. I guess ...

Share via E–mail | Twitter | Facebook

post image Madras High Court declines to grant interim injunction in trademark dispute between Google Ad-words and matrimonial portals from

In a judgment dated 10th of September, 2012 a Division Bench of the Madras High Court declined to set aside the judgment dated 30th September, 2010, of a Single Judge of the same court, declining ...

Share via E–mail | Twitter | Facebook

More IPR Filings on Day 2 from

If you are monitoring adoption of post-issuance filings you may have noticed that five more IPR filings were filed on the second day of operation of the PTAB trials portal pursuant to the new IPR ...

Share via E–mail | Twitter | Facebook

Samsung inches closer to dissolution of Galaxy Tab 10.1 ban -- but outcome remains uncertain from

Samsung's August 27 request for immediate dissolution of a June 26 preliminary injunction against the Galaxy Tab 10.1 (based on a finding of a likely infringement of an Apple tablet design patent, which ...

Share via E–mail | Twitter | Facebook

Federal Circuit Requires Specific Intent To Deceive For Inequitable Conduct from

In 1st Media, LLC v. Electronic Arts, Inc., the Federal Circuit reversed the district court’s finding that the patent at issue was unenforceable due to inequitable conduct, “[because the record contains no evidence of ...

Share via E–mail | Twitter | Facebook

Copyright Issues on the Legislative Agenda for 2012-2013 from

Though they are unlikely to take center stage during the truncated session before elections or the post-election lame duck session, lawmakers will have to contend with several key copyright issues during the 113th Congress. Thus ...

Share via E–mail | Twitter | Facebook

India: Balancing Public And Private Interests In The Intellectual Property Regime from

NEW DELHI - In this month, there have been two court orders in India that underscore the complexities underlying the country’s intellectual property regime. Last Friday (14 September), the Chennai-based Intellectual Property Appellate Board (IPAB ...

Share via E–mail | Twitter | Facebook

Entrepreneur’s Base Camp Scheduled for September 29 from

Are you a new entrepreneur, an early stage company leader, or someone who wants to learn more about starting or leading a business?  If so, and if you are located in Western Pennsylvania, West Virginia ...

Share via E–mail | Twitter | Facebook

ITC decides to investigate Google's (Motorola Mobility's) patent complaint against Apple from

A month ago, Google subsidiary Motorola Mobility filed its second ITC complaint against Apple, seeking an import ban over the alleged infringement of seven patents. The Commission, the six-member decision-making body at the top of ...

Share via E–mail | Twitter | Facebook

No more Pennies; No more Royalties from

Musician David Gunning’s new album entitled “No More Pennies” features images of the Canadian penny as part of its album art. The album features a picture of a young man with a pile of ...

Share via E–mail | Twitter | Facebook

ITC judge postpones ruling on Apple complaint against HTC by 20 days from

At the ITC, Administrative Law Judge E. James Gildea, who issued a preliminary ruling on Friday clearing Apple of infringement of four Samsung patents, has pushed back the deadlines in the investigation of Apple's ...

Share via E–mail | Twitter | Facebook

Alleged Copyright Infringement by Patent Prosecutors from

By Dennis Crouch American Institute of Physics and John Wiley & Sons v. Schwegman Ludberg (D.Minn) Publishers John Wiley & Sons and American Institute of Physics have asked the Minnesota District Court for leave to amend ...

Share via E–mail | Twitter | Facebook

Bell Shooting for the Stars: CRTC Holds Hearing on the Purchase of Astral Media from

In a time where the price for cable TV and Internet subscriptions seem to be ever-increasing, a bid for Astral Media Inc. by Bell Canda Enterprises Inc. (BCE) in March, 2012 for $3.38 billion ...

Share via E–mail | Twitter | Facebook

MTV, Jersey Shore, and reinvention from

Chris Linn of MTV on Jersey Shore:

The show continues to do incredibly well in the ratings. Even in its last season it was the No. 1 show in 12-34 each week. We didn't ...

Share via E–mail | Twitter | Facebook

Post Grant and Inter Partes Reviews Now Being Filed from

48–hours after opening its doors, the Patent Trial & Appeal Board has new business. According to the USPTO, ten new requests for inter partes reviews have been filed in the first two days as well ...

Share via E–mail | Twitter | Facebook

CAFC finds fault with decision of Judge Robinson of D. Del. from

In the case Medtronic v. Boston Scientific , the CAFC vacated a decision by Judge Sue Robinson of D. Delaware:

The district court entered judgment of noninfringement in favor of Medtronic and judgment of validity and ...

Share via E–mail | Twitter | Facebook

PTAB Submissions Have Commenced from

I thought I'd write to observe the occasion of the first submissions to our new Patent Trial and Appeal Board (PTAB) through their new IT system called Patent Review Processing System (PRPS).

We've ...

Share via E–mail | Twitter | Facebook

Harvard’s US OncoMouse Patents are All Expired (For the Time Being) from

By Dennis Crouch Harvard College v. Kappos, 12-cv-1034 (E.D.Va. 2012) Harvard's patented OncoMouse has been a bestseller for cancer research here in the US. Two Harvard researchers took an available laboratory mouse ...

Share via E–mail | Twitter | Facebook

Declaratory Judgment Burdens from

Medtronic v. Boston Scientific

  • "The substantive burden of proof normally does not shift simply because the party seeking relief is a counterclaiming defendant in a declaratory judgment action."
  • "[T]his court holds that in the ...

Share via E–mail | Twitter | Facebook

Cease & Desist Letter Lacking Charge of Infringement did not Create Substantial Controversy Sufficient for Declaratory Relief Claim from

The court granted defendants' motion to dismiss plaintiffs' declaratory relief action for lack of an actual case or controversy after defendant's letters asked plaintiff to refrain from encouraging the use of the patent-in-suit's ...

Share via E–mail | Twitter | Facebook

China’s SAIC Minister Zhou Visits USPTO from

On Sept 10, 2012 the USPTO was privileged to host Minister Zhou Bohua and his senior delegation from the State Administrative for Industry and Commerce of China (SAIC) of the People’s Republic of China ...

Share via E–mail | Twitter | Facebook

In re Perricone: BPAI cites In re Best from

As to an appeal by Nicholas Perricone to the BPAI, the bottom line: The cited references support the Examiner‟s anticipation and obviousness rejections.

From within the decision:

Where . . . the claimed and prior art products ...

Share via E–mail | Twitter | Facebook

"Teaching away" in In re Baker from

From the BPAI decision of In re Baker

“‘A reference may be said to teach away when a person of ordinary skill, upon reading the reference, would be discouraged from following the path set out ...

Share via E–mail | Twitter | Facebook

Obviousness undone: no requisite reason from

Back in March 2012, IPBiz critiqued an episode of CSI for its assertions about molten pyrite. Flash forward to September 2012, and we have a BPAI decision related to a patent application on laying down ...

Share via E–mail | Twitter | Facebook

Hope To Advance Industrial Design Treaty At WIPO Meets Reluctance From Developing Countries from

World Intellectual Property Organization Director General Francis Gurry set the tone at the 18 September opening of a WIPO committee on industrial designs, calling on countries to keep the treaty-signing momentum built up last June ...

Share via E–mail | Twitter | Facebook

How can the America Invents Act give your patent searches an edge? from

As most of our audience knows, certain provisions of the recent legislation known as the America Invents Act (hereafter “AIA”) are about to go into effect.  To educate patent practitioners about the upcoming changes, the ...

Share via E–mail | Twitter | Facebook

Double Standard from

37 CFR 1.56 requires a "duty to disclose information material to patentability," but the CAFC won't uphold it. "[T]his court has now made clear that "[t]o prevail on a claim of ...

Share via E–mail | Twitter | Facebook

U.S. Cong. Research Service Wants Some Patent Holders to “PAE” from

Flawed IP Report Attempts to Legitimize Assertion Label If the Congressional Research Service’s distorted findings on the impact of patent holders are not bad enough, it is promoting a new, nastier and arguably less ...

Share via E–mail | Twitter | Facebook

Patchwriting from

From Kelly McBride at Poynter:

Patchwriting is often a failed attempt at paraphrasing, Howard said. Rather than copying a statement word for word, the writer is rearranging phrases and changing tenses, but is relying too ...

Share via E–mail | Twitter | Facebook

Zoltek Corp. v. United States: Federal Circuit Revisits Case, Allows Process Patent Claim Against United States from

By Tom Zuber and Jeff Zuber || The Federal Circuit recently reinterpreted its own holdings to allow process patent holders to sue the United States when part of the process occurs in a foreign country. In ...

Share via E–mail | Twitter | Facebook

PTAB PRPS Day Three Filings: 2 IPRs and 1 CBM from

The PTAB Patent Review Processing System (PRPS) showed postings of 3 more petitions today.  One was an IPR Petitioned by Microsoft against U.S. Pat. 6,757,717, relating to a system for data access ...

Share via E–mail | Twitter | Facebook

BPAI affirms anticipation based on reasoning that performing action on whole imlies peforming action on all parts from

Takeaway: In a reexamination appeal, the BPAI considered the Patentee's arguments that a reference did not disclose "monitoring the operating system for an event". The Board first found that the reference taught monitoring a ...

Share via E–mail | Twitter | Facebook

Some content © 2007–2014 RPX Corporation.
Terms of Service & Privacy Policy
For DMCA requests contact