Patent & IP news for August 7, 2014



Patent & IP Blogs

post image From Burgers to Biofuels: Trademark Board Rules McDonald’s “Mc” Rights Extend to Biodiesel from

In March of 2009 Joel Joseph filed a U.S. trademark application for the mark BioMcDiesel for use in connection with marketing and selling biodiesel fuel. Needless to say, the owner of the ubiquitous global ...

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post image Brooklyn Restaurant Not a Good Egg for Famous Jeweler from

Jeremy knows my fondness for big and expensive jewelry and has kindly alerted me to this recent case where the jewelry house Fabergé successfully claimed that a Brooklyn restaurant had infringed on its trade marks ...

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post image Clearing the ground ahead of trial: refining non-admissions of patent infringement from

Refining the issues that divide the parties in any piece of litigation is something of an art. The more that can be sorted out ahead of trial, the clearer and simpler the trial should become ...

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post image Specification describes machine with sensors – Can you omit the sensor limitation in the claims? from

By Dennis Crouch ScriptPro v. Innovation Associates (Fed. Cir. 2014) Kansas district court Judge Carlos Murguia found ScriptPro’s patent claims invalid under 35 U.S.C. §112 for lacking written description. See U.S ...

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Court Report -- Part II from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Medicines Company v. Accord Healthcare, Inc. et al. 1:14-cv-00626; filed July 24, 2014 in the ...

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Google said it in 2011: 'Bad software patent litigation is a wasteful war that no one will win' from

After Apple and Samsung declared a truce in all countries except the U.S., where they have also narrowed their dispute considerably through recent procedural moves (1, 2), it's clearer than ever that patents ...

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Apple patent application 20140223448 for providing local information on a travel destination from

First claim of US 20140223448 :

A method comprising:

detecting itinerary information stored by a first application on a user device;

identifying, by operation of a computing device, a travel destination based on the detected itinerary ...

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The ever-expanding Lanham Act from

Note the post Justices: Coke's pomegranate juice not the real thing concerning the POM/Coke case that found that Coke could not shield its advertising by invoking the FDA against the Lanham Act.

Bottom ...

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Failure to Produce Apportioned Sales Data Precludes Evidence That Patented Feature Did Not Enhance Profitability of Accused Products from

The court granted plaintiff's motion in limine to preclude defendant from introducing evidence that the use of the patented invention in the accused products did not enhance the products' profitability because defendant failed to ...

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New report on additive manufacturing shows wide spread but limited use from

PWC and the Manufacturing Institute has put out a new report on additive manufacturing (or 3D Printing - 3DP as they call it): 3D printing and the new shape of industrial manufacturing. (Click here for the ...

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TTAB decision in Nightlife case vacated by CAFC from

The CFAC vacated the TTAB decison in the Nightlife case.

Of note:

An answer that fails to deny a portion of an
allegation is deemed admitted as to that portion


Hence, unlike Hewlett-Packard Co ...

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Pro se appellant Albecker loses at CAFC from

Things looked bad for pro se appellant Albecker:

The district court adopted Albecker’s proposed construc-
tion of “top cushion.”

Albecker now appears to argue that
the district court somehow applied that construction
incorrectly. But ...

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U.S. patent office rejects Apple's autocomplete patent claim Samsung was found to infringe from

Apple has just given up its thermonuclear ambitions and practically agreed with Google's 2011 statement that "bad software patent litigation is a wasteful war that no one can win", but even in the U ...

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Senator John Walsh drops out of the race, because of plagiarism from

John Walsh on Thursday, August 7, 2014, stated that he was dropping his Senatorial election bid. Montana newspapers had found plagiarism unacceptable, and had urged Walsh to stop campaigning. Thus, the earlier post by "Inside ...

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