Patent & IP news for September 20, 2012

Patent Litigations



Patent & IP Blogs

post image Samsung tells U.S. court it will soon attack the iPhone 5 with eight patents for a starter from

In a case management statement filed late on Wednesday with the United States District Court for the Northern District of California, Samsung expressed its belief "the iPhone 5 will infringe [the eight patents that Samsung ...

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post image A Rush to File at the End of Inter Partes Reexaminations from

By Dennis Crouch Two weeks ago I posted a list of issues to consider prior to the September 16, 2012 post grant changeover. Two big changes were that (1) the relatively inexpensive inter partes reexamination ...

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post image Proposed Copyright Board likely to be held unconstitutional from

Image from hereThe new scheme of the Copyright Board as proposed in the recent draft of the Copyright Rules, 2012 (Amlan has blogged on the draft rules over here) is most likely to be ...

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post image ‘A lawyer appearing before IPAB should wear the cap of an IP Practitioner’ from

Justice Prabha Sridevan, Chairperson of the Intellectual Property Appellate Board (“IPAB”), was interviewed by ‘Managing Intellectual Property’ [available here]. She made quite a few pertinent remarks on the functioning of IPAB, role of litigants in ...

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More on USPTO's Proposed New Fees - Part II from

By Donald Zuhn -- Earlier this month, the U.S. Patent and Trademark Office published a notice of proposed rulemaking in the Federal Register (77 Fed. Reg. 55028) presenting its proposal for setting and adjusting patent ...

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A formula for measuring trademark bullies from

I few months ago I wrote about what make a trademark bully. I noted that: I look at two factors to asses whether a “bullying” label is appropriate: whether the claim is over-reaching and whether ...

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Microsoft wins third German injunction against Google's Motorola over high-power patent from

Google just suffered a strategically very important defeat at the Munich I Regional Court, where Presiding Judge Dr. Peter Guntz just announced a ruling in Microsoft's favor against wholly-owned Google subsidiary Motorola Mobility. Judge ...

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Two Key Laws For The Public Domain Fare Differently In Argentine Congress from

The Argentine Intellectual Property Act No. 11.723, which dates back to 1933, contains only one exception to copyright holders’ absolute power: the “droit de citation”, with an absolute maximum length of 1000 words or ...

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Performing with Distinction, Our Updated Dashboard Shows the Policy and External Affairs Team’s Instrumental Role in Global IP Protection and Education from

Guest blog by Administrator for Policy and External Affairs Shira Perlmutter

The USPTO’s Office of Policy and External Affairs (OPEA) serves a key role in helping to further strong and balanced U.S. innovation ...

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Claim Preclusion Bars Second Lawsuit Asserting Newly Issued Reexamination Claims Against Previously Accused Products from

The court granted defendants' motion to dismiss plaintiffs' infringement action based on claim preclusion because newly issued claims from reexamination of the patent-in-suit did not create a new cause of action against the previously sued ...

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Listen to Lawyer-2-Lawyer on AIA Implementation from

by Dennis Crouch Matt Kreeger (MoFo) and I just participated in the Lawyer2Lawyer radio show hosted by Bob Ambrogi. Our conversation focused on the new post-grant reforms but bled into a broader discussion of patent ...

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PTAB Patent Review Processing System (PRPS) Update from

If you are a registered user of the Patent Review Processing System (PRPS) you may have encountered the same problem I did.  When logging in, I can see some matters where the petitions can be ...

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US And UN Consider New Limits On Patent Wars from

The patent wars have produced many casualties around the world. Companies that make and sell smartphones and tablet computers, courts, consumers and the economy - all have suffered, according to many experts. “I couldn’t come ...

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A Brief Look At Botswana’s New IP Law from

Botswana's new industrial property act, which came into force earlier this month, has been applauded by IP commentators as an important step in the development of a strong IP system that is in line ...

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BPAI affirms obviousness in Ex parte Diez from

From the BPAI decision in Ex parte Diez :

“The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference . . . . Rather, the test ...

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"In re Best" cited in BPAI's Ex part Devries from

The BPAI affirmed both anticipation and obviousness rejections in Ex parte DEVRIES .

In re Best was cited:

once the Examiner establishes that a product recited in terms of its process of making is prima facie ...

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Trademark Parody? Ben & Jerry's Doesn't Think It's So Funny .... from

Ben & Jerry’s Homemade, Inc. (“Ben & Jerry’s”), the Vermont-based ice cream maker, recently filed a lawsuit in SDNY against adult video company Rodax Distributors, Inc. d/b/a Caballero Video, et al (“Defendants”). The ...

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Look Forward to September's Profit Sharing Rewards from

As many of you know, Article One rewards our Researchers for submitting superb references with $5,000 Study Rewards. However, we also reward our Community by through the AOP Profit Sharing Program. Until recently, profit ...

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WIPO: Protection Of Country Names Inspires Delegates; Designs Conference Elusive from

The use of a country name by third party with no association with the country can have a severe impact on a developing country’s economy, according to the governments of Jamaica and Barbados. The ...

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Expand Your Patent Search Query Through Multilingual Translation Tools from

During an initial scope of the available prior art, it can be useful for a patent searcher to expand their query through machine-translation tools to include query terms translated into multiple major languages.  Even if ...

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Court Report Supplement from

By Ann Palma -- About Court Report Supplement: Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column. Merck & CIE et al. v. Macoven Pharmaceuticals et al. 6 ...

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