Patents

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  • Obvious After the Fact

    Patent Prospector
    22 Oct 2014 | 2:09 am
    A petition for rehearing en banc at the CAFC for a drug obviousness case (Bristol-Myers Squibb v. Teva - CAFC 2013-1306) was denied. What was remarkable was the inane confusion at the court. Judges Dyk and Wallach stated that "post-invention evidence" is rightly not allowed in considering obviousness. As Judge Newman observed: "Precedent is clear that the information and comparative data presented as evidence of nonobviousness need not have existed before the patent application was filed," noting the secondary consideration of commercial success, and citing several instances where evidence of…
  • Bad Medium

    Patent Prospector
    12 Oct 2014 | 5:59 pm
    EMD Millipore sued Allpure over its device to put "a medium" into and get out of a jar (6,032,543). It lost in summary judgment, for noninfringement, owing to prosecution estoppel. It's easy to tell how lame the assertion was when the claim construction argument went to the meaning of the term "removed." Hamilton, Brook, Smith & Reynolds represented the plaintiff. One can only wonder whether they saw it coming, as they should have. (CAFC 2014-1140)
  • No Means

    Patent Prospector
    17 Oct 2014 | 2:31 am
    Robert Bosch sued Snap-On for infringing 6,782,313, which claims a motor vehicle diagnostic tester. Alas, the tester had no specification support for a testing device. The courts found insufficiency under 35 U.S.C. § 112, ¶ 6, even though there was no explicit "means for" element.  Another stupid patent assertion with another stupid patent bites dust. (CAFC 2014-1040). But then, Robert Bosch is a German company, and their nickel-slick lawyers got paid regardless.
  • Master a Rapidly Shifting Patent Law Landscape

    Patent Baristas
    Stephen Jenei
    10 Oct 2014 | 8:22 am
    The Chisum Patent Academy is pleased to accept registrations for our next Advanced Patent Law seminar, to be held March 5-6, 2015. The venue is the award-winning 21C Museum Hotel in easily accessible and inexpensive Cincinnati, Ohio. The 21C was recently named the #1 hotel in the United States and #11 worldwide in the prestigious Condé Nast Traveler Readers’ Choice Awards. Why We’re Different: Because each Chisum Patent Academy seminar is uniquely limited to ten (10) participants, we offer an unparalleled opportunity for interactive roundtable discussion and debate. Our format is…
  • Is the USPTO Ready to Turn Over a New Leaf?

    Patexia Rss Feed
    22 Oct 2014 | 2:15 pm
    The White House just announced the nomination of  former Deputy General Counsel for Google, Michelle Lee, for the next director of the US Patent and Trademark Office (USPTO).  The nomination is one in a series positive steps taken by the White House towards a potentially more efficient US patent system.   Thus far 2014 has seen its share of setbacks for the US patent system.  In may an important patent reform bill hit the cutting room floor due to the lack of...
 
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    Techrights

  • Links 23/10/2014: New *buntu, Benchmarks

    Dr. Roy Schestowitz
    23 Oct 2014 | 3:34 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Linux Container Security Hypervisors present a smaller attack surface than containers. This is somewhat mitigated in containers by using seccomp, selinux and restricting capabilities in order to reduce the number of kernel entry points that untrusted code can touch, but even so there is simply a greater quantity of privileged code available to untrusted apps in a container environment when compared to a hypervisor environment[1]. Currys/PC World (UK) Voids Warranty on Hardware If Buyer Installs…
  • Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Dr. Roy Schestowitz
    22 Oct 2014 | 2:57 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux About Linux Weekly News – 20th October 2014 If You Are Sick of Surveillance, Safeguard Your Systems Linux is a great alternative to Windows for those seeking a more secure and liberty-friendly “Operating System.” Because it is open-source, there are many different “flavors” (called distributions) available. Two of the most popular distributions are Ubuntu and Fedora. They can be downloaded for free from www.ubuntu.com and www.fedoraproject.org. A fairly complete list of Linux…
  • Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Dr. Roy Schestowitz
    21 Oct 2014 | 3:16 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Desktop Six Years Of Desktop GNU/Linux In Europe The European country with the lowest share of page-views for GNU/Linux is Denmark at 1%. M$ bullied Denmark over “software patents” and OOXML… I would bet the resentment there is growing. Indeed there were several consecutive weekends where some large organization rolled out GNU/Linux. Signs of life. Kernel Space GParted 0.20 Improves Btrfs Support GParted 0.20.0 is out today with a release that primarily improves Btrfs support. The improved…
  • Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Dr. Roy Schestowitz
    21 Oct 2014 | 11:08 am
    Microsoft Windows is a weapon of (cyber) war Summary: Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web So Microsoft spreads its lies in the media again and one of the lies we hear too often is that Microsoft obeys the law and Free software is “hacking” (they mean cracking) and a tool of “pirates” or whatever the bogeyman du jour may be. Well, actually, the very opposite is…
  • Microsoft ‘Loving’ GNU/Linux and Other Corporate Media Fiction

    Dr. Roy Schestowitz
    21 Oct 2014 | 10:05 am
    True quotes from Microsoft below, click to read in full. Summary: Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also “loves Linux” THE CORPORATE media is not in the business of informing the public. To the mainstream media the public is not the client; corporate partners are the clients whereas audience (the public) is the product on sale. It was just so easy to be reminded of this trivial observation because Microsoft is a good example. It was so easy to see…
 
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    Anticipate This!™ | Patent and Trademark Law Blog

  • They Invented What? (No. 241)

    Jake Ward
    23 Oct 2014 | 12:23 pm
    U.S. Patent No. D250,901:  Toy figure. JW Note:  A spooky TIW? in view of the upcoming Halloween holiday.  Hat tip to the Creepy IP series at the U.S. Patent and Trademark Office. The ornamental design for a toy figure, substantially as shown.Filed under: They Invented What?
  • A Statue for Toulmin.

    Jake Ward
    10 Oct 2014 | 9:28 am
    Jake Ward:A top post at the AT! Blog recently – and one of my favorites over the past several years. Enjoy! Originally posted on Anticipate This!™ | Patent and Trademark Law Blog: In the small city of Springfield, Ohio, now stands an 8-foot statue dedicated to the Wright Brother’s patent attorney, Harry Toulmin.  Mr. Toulmin was the patent lawyer who prepared and prosecuted the patent for Wilbur and Orville Wright’s flying machine . . . yes, the original airplane. According to this article at Law.com, Toulmin helped the Wright brothers apply for five patents, including the…
  • They Invented What? (No. 240)

    Jake Ward
    4 Aug 2014 | 9:33 am
    U.S. Patent No. 8,609,158:  Diane’s manna. JW Note:  Thanks to Guy L. for bringing this patent to our attention.  Guy tells us that his favorite quotes also include: Column 1, Line 24: “Exhibit G has a combination that is so strong after you quit taking it, that every drug manufacturer on this planet will be wanting to kill me.” Column 3, Line 12: “I am almost normal when I take my favorite best method.” Column 18, Line 10: Some ingredients include “sand, dirt, rock, volcanic ash…” Column 20, Line 41: “The Dr’s had me on $800 per…
  • Washington Redskins Trademark Registrations are Cancelled

    Kristen Fries
    19 Jun 2014 | 6:42 am
    Today the United States Patent and Trademark Office cancelled six of the Washington Redskins’ trademarks, all of which involved the term “redskins.”  The Trademark Trial and Appeal Board (TTAB) concluded that “Redskins” was disparaging of Native Americans. The full opinion of the TTAB can be found here. The USPTO also issued a media fact sheet explaining what the decision means and what the decision does not mean.Filed under: General Commentary
  • Limelight Networks v. Akamai Technologies

    Kristen Fries
    16 Jun 2014 | 4:48 am
    The Supreme Court of the United States holds a defendant, in a patent infringement suit, is not liable for inducing infringement under 35 U.S.C. § 271(a) when no one has directly infringed under 35 U.S.C. § 271(a) or any other statutory provision. (Supreme Court 2014, 12-786) The opinion for a unanimous Court was delivered by Justice Alito.  The decision reversed the Federal Circuit’s decision that essentially made it easier to prove that a company is liable based on the theory of induced infringement FACTS: The patent at issue claims a method of delivering electronic data using a…
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    The IPKat

  • These Shoes are Made for Freely Walking: Copyright Protection & Free Movement of Goods

    23 Oct 2014 | 11:56 am
    With this post we are staying with on the topic of shoes and copyright, already discussed here and here, but this recent case from the commercial division of the French Cour de Cassationalso raised some European Union (EU) and Berne Convention issues. The Case is Cass.Com.,12-16.844, October 7, 2014. French catalog retailer La Redoute sold in France a particular model of flip flop shoes which Italian fashion company Tod’s believed was a copy of its own “Fiji” flip flops, which had been sold in France since 2003. The flip flops sold by La Redoute had been manufactured in Italy and sold…
  • Arnold J orders biggest website blocking to date

    23 Oct 2014 | 10:46 am
    Fabio pictured while wonderingabout the implementation costsof the blocking order just issued against himFollowing last week's judgment in Cartier v BSkyBhere, a case concerning the possibility of requiring internet service providers (ISPs) to block, or at least impede, access by their subscribers to websites that advertise and sell counterfeit goods] this morning Arnold J returned to the more traditional ecosystem for blocking injunctions in the UK, ie copyright and s97A of the Copyright Designs and Patents Act 1988 (CDPA). As readers will remember, by adopting this…
  • Artjunkie snatched from the jaws of villainy, but no happy ending

    23 Oct 2014 | 12:23 am
    It's unusual for the IPKat to feel disappointed when the party in the right emerges from court as the victor, but here's a case in point: Alison J. Hendrick v Tony Knight (O-323-14), a decision of Appointed Person Geoffrey Hobbs QC back in 17 July on appeal from the UK Trade Mark Registry, is about as depressing a piece of trade mark litigation as anyone might hope to read on this weblog.In short, the facts as established in this and earlier litigation would lead any reasonable person, in possession of his wits and faculties, to the conclusion that Tony Knight is something of a serial…
  • BGH decision "Yellow dictionary" colour trade mark dispute

    22 Oct 2014 | 4:05 am
    The German Federal Court of Justice (Bundesgerichtshof, short: BGH) has now published the full grounds (in German) of its recent decision in the "yellow dictionary" trade mark dispute between German publishing house Langenscheidt and RosettaStone (casereference I ZR 2284/12 “Gelbe Wörterbücher”of 18 September 2014); please recent IPKat report here.  In its decision the BGH found that the yellow product packaging and advertisements used by RosettaStone, a business which distributes language learning software, infringes the colour trade mark owned and extensively used by…
  • Wednesday whimsies

    22 Oct 2014 | 3:39 am
    "Thank you" 1.  In a world which is as full of anger, resentment and selfishly bad manners as the one in which we sometimes seem to be living, it never hurts to express a little gratitude from time to time.  It is in a spirit of genuine appreciation that the IPKat, Merpel and all the blogging team thank our readers for their continued interest and support.  Yesterday another milestone flashed by when we spotted that this blog had received its 11 millionth page view.  It goes without saying that we will do our best to maintain and improve on our current efforts to bring you…
 
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    Patent Baristas

  • Master a Rapidly Shifting Patent Law Landscape

    Stephen Jenei
    10 Oct 2014 | 8:22 am
    The Chisum Patent Academy is pleased to accept registrations for our next Advanced Patent Law seminar, to be held March 5-6, 2015. The venue is the award-winning 21C Museum Hotel in easily accessible and inexpensive Cincinnati, Ohio. The 21C was recently named the #1 hotel in the United States and #11 worldwide in the prestigious Condé Nast Traveler Readers’ Choice Awards. Why We’re Different: Because each Chisum Patent Academy seminar is uniquely limited to ten (10) participants, we offer an unparalleled opportunity for interactive roundtable discussion and debate. Our format is…
  • IQPC’s Global Patent Strategies Summit

    Stephen Jenei
    9 Oct 2014 | 8:16 am
    Challenges abound with regards to litigation, outsourcing and monetization; and are currently increasing on a national and international level. It is essential to understand these issues in order to have an upper-hand in overcoming these obstacles. IP and patent professionals are planning to invest in several services and solutions, some of which include: Valuation Services Recruitment & Talent Management Patent Litigation Patent Drafting & Filing IQPC surveyed a senior group of in-house IP and patent professionals to discover which services and solutions they plan to invest in over…
  • PatentStat.com to Rank Patent Attorneys and Patent Examiners

    Stephen Jenei
    8 Oct 2014 | 8:46 am
    PatentStat.com is a new patent-related website that claims to use peer-reviewed patent valuation methodologies to rank patent attorneys and to profile patent examiners. PatentStat uses comprehensive data-mining and cutting-edge analysis to help you choose the most appropriate patent attorney, and profiles patent examiners to help you manage patent prosecution. The use-cases are to help patent filers intelligently select appropriate counsel in any one of 33 technology areas, and to help attorneys better know the examiners who are reviewing their applications. The methodology is transparent…
  • IPethics & INsights: A Resource on IP Ethics

    Stephen Jenei
    7 Oct 2014 | 8:00 am
    A new blog just out by Michael McCabe, Jr., is IPethics & Insights, which focuses on ethics and discipline in the field of IP law.  It’s self-described as a resource for intellectual property attorneys regarding patent and trademark ethics, professional liability, and discipline, including the latest USPTO and court decisions, trends, news, and analysis. “I’m not upset that you lied to me, I’m upset that from now on I can’t believe you.”                              ~ Friedrich Nietzsche A recent article focuses on U.S. District Judge Keith…
  • USPTO Glossary Pilot Program Update

    Stephen Jenei
    2 Oct 2014 | 5:06 am
    The USPTO began accepting applications for the Glossary Pilot on Monday, June 2 as part of ongoing efforts to improve the U.S. patent system. The Office initiated the pilot program to study the impact of glossary on claim clarity in the specification of software-related patent applications by encouraging the use of glossaries by patent applicants and will run for 6 months. Participation in the Glossary Pilot requires an applicant to include a glossary section in the patent application specification to define terms used in the patent application. Applications accepted into this pilot will…
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    Patent Docs

  • Examination of Myriad-Mayo Guidance Comments -- BIO Joint Comment

    Patent Docs
    23 Oct 2014 | 9:51 pm
    By Donald Zuhn -- On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products" (or "Myriad-Mayo Guidance"), to implement a new procedure for determining the subject matter eligibility of claims under 35 U.S.C. § 101 in view of the Supreme Court's decisions in Association for Molecular Pathology v. Myriad Genetics, Inc. (2013), and Mayo Collaborative Services v. Prometheus Laboratories, Inc. (2012). At a…
  • GPhA Issues Statement Regarding Proposed IP Provisions of Trans-Pacific Partnership Agreement

    Patent Docs
    23 Oct 2014 | 9:36 pm
    By Kevin E. Noonan -- The Generic Pharmaceutical Association (GPhA) issued a statement today regarding ongoing talks between major Pacific Rim countries (including the U.S.) related to the proposed Trans-Pacific Partnership Agreement. This trade agreement, whose terms have not been disclosed but have been the subject of leaks by WikiLeaks and others, has been controversial for containing terms believed by some to increase intellectual property protection across a wide spectrum but particularly relating to patented drugs. The GPhA's statement is as follows: The generic drug industry is a true…
  • Third Quarter Venture Funding Declines 27% from Second Quarter

    Patent Docs
    22 Oct 2014 | 9:59 pm
    By Donald Zuhn -- Last week, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the third quarter of 2014. The report, which is prepared by the NVCA and PriceWaterhouseCoopers LLP using data from Thomson Reuters, indicates that venture capitalists invested $9.9 billion in 1,023 deals in the third quarter, which constituted a 27% decrease in dollars and a 9% decrease in deals as compared with the second quarter of 2014, when nearly $13.5 billion was invested in…
  • AntiCancer, Inc. v. Pfizer, Inc. (Fed. Cir. 2014)

    Patent Docs
    21 Oct 2014 | 9:59 pm
    By Andrew Williams -- Anyone that has been monitoring the outcome of district court cases recently will be aware of the perils of not including sufficient information, or not timely supplementing, preliminary infringement or invalidity contentions required by many local patent rules. The purpose of these contentions, which are often exchanged very early in a case, is to help identify potentially dispositive issues and to provide a framework for discovery. Therefore, the parties are required to articulate their theories of the case early in order to avoid the "shifting sands" approach to…
  • The Indefiniteness of What is "Routine, Well-understood and Conventional" in Assessing Patent Eligibility of Diagnostic Method Claims

    Patent Docs
    20 Oct 2014 | 9:59 pm
    By Kevin E. Noonan -- Castigating the Supreme Court, at least in patent circles, has become as prevalent as the Court's forays into patent law have been to overrule the Federal Circuit. While even those who give the Court the benefit of the doubt and appreciate the parsimony with which many of its decisions are written, the cultural and institutional differences between the way the Court addresses issues, and the higher certainty that those who rely on intellectual property protection need to justify the investment that turns innovation into commercialization, frustrate both. These…
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    Patently-O » Patent

  • The Number of U.S. Patents In Force

    Dennis Crouch
    23 Oct 2014 | 4:11 pm
    by Dennis Crouch The chart above shows the number of patents in-force at any given point over the past forty years.  Each bar represents a snapshot taken on January 1* of the stated year and totals-up the number of issued but not-yet-expired patents.  The data for each year is divided-up into four groups categorized according to age (years-from-issuance).  You’ll note the growth in young patents and a temporary decrease in older-patents.  The decrease is due to primarily to the establishment of maintenance fees for patents whose applications were filed after December 1980.
  • Upcoming Events and Recent Job Postings

    Dennis Crouch
    23 Oct 2014 | 1:16 pm
    HOUSTON: November 5, 2014 – One night only. I will be delivering the University of Houston’s IPIL Annual Fall Lecture at the Four Seasons Hotel in Houston (Sponsored by the Katz Foundation). My talk will be on incentives (current and future) for patent clarity. [LINK]. Thank you to the University of Houston Law Center for hosting this event. AUSTIN: November 6-7, 2014, I will be speaking at the Advanced Patent Law Institute along with Professors Golden (UT Austin), Lemley (Stanford), Wegner (formerly with GWU), and Hricik (Mercer); the Hon. Terry Rea and Randy Rader; Rob Sterne, et…
  • Sorting Out Sections 284 and 285

    Jason Rantanen
    22 Oct 2014 | 3:50 pm
    By Jason Rantanen Halo Electronics, Inc. v. Pulse Electronics, Inc. (Fed. Cir. 2014) Halo v Pulse Panel: Lourie (author), O’Malley (concurring opinion), Hughes (joining concurrence) This opinions contains two important parts: a discussion of 271(a) in the context of multi-national transactions and Judge O’Malley’s concurrence on the issue of willful infringement.  I’ll write more about the 271(a) issue in a separate post, but for now I wanted to focus on the points Judge O’Malley raises. In this case, Halo accused Pulse of willfully infringing its patent, thus…
  • Supreme Court: A Good-Faith-But-Incorrect-Belief that the Patent is Invalid

    Dennis Crouch
    22 Oct 2014 | 10:56 am
    by Dennis Crouch Someone who induces infringement is just as liable for infringement as the one who actually commits the underlying act of direct infringement. 35 U.S.C. § 271(b).  However, unlike direct infringement, inducement has a substantial mens rea or scienter requirement that the inducer knew at-the-time that the induced conduct would infringe the particular patent. In Global Tech (2011), the Supreme Court held that the knowledge element can be satisfied by proof that the inducer was willfully blind to the risk of infringement. In Commil v. Cisco, the Federal Circuit…
  • Considerations for International Inventions – Foreign Filing Licenses

    Dennis Crouch
    22 Oct 2014 | 9:14 am
    Guest Post by Brent M. Dougal and Philip M. Nelson.  Dougal and Nelson are IP Attorneys with Knobbe Martens Olson & Bear LLP. In today’s age of international commerce, product development often takes place on an international scale.  Many companies have design centers in multiple countries, with design teams that span the globe.  What are the patent implications if an invention is developed in China or some other country outside the U.S. and the company wants to obtain international patent protection? U.S. law requires that inventors obtain a “foreign filing license” before…
 
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    Patent Prospector

  • Obvious After the Fact

    22 Oct 2014 | 2:09 am
    A petition for rehearing en banc at the CAFC for a drug obviousness case (Bristol-Myers Squibb v. Teva - CAFC 2013-1306) was denied. What was remarkable was the inane confusion at the court. Judges Dyk and Wallach stated that "post-invention evidence" is rightly not allowed in considering obviousness. As Judge Newman observed: "Precedent is clear that the information and comparative data presented as evidence of nonobviousness need not have existed before the patent application was filed," noting the secondary consideration of commercial success, and citing several instances where evidence of…
  • No Means

    17 Oct 2014 | 2:31 am
    Robert Bosch sued Snap-On for infringing 6,782,313, which claims a motor vehicle diagnostic tester. Alas, the tester had no specification support for a testing device. The courts found insufficiency under 35 U.S.C. § 112, ¶ 6, even though there was no explicit "means for" element.  Another stupid patent assertion with another stupid patent bites dust. (CAFC 2014-1040). But then, Robert Bosch is a German company, and their nickel-slick lawyers got paid regardless.
  • Bad Medium

    12 Oct 2014 | 5:59 pm
    EMD Millipore sued Allpure over its device to put "a medium" into and get out of a jar (6,032,543). It lost in summary judgment, for noninfringement, owing to prosecution estoppel. It's easy to tell how lame the assertion was when the claim construction argument went to the meaning of the term "removed." Hamilton, Brook, Smith & Reynolds represented the plaintiff. One can only wonder whether they saw it coming, as they should have. (CAFC 2014-1140)
  • Unobtrusive Manner

    10 Sep 2014 | 7:09 pm
    invigorated standard of indefiniteness inaugurated by the Supreme Court in Nautilus v. Biosig. In an unobtrusive manner, the appeals court affirmed invalidity under 35 U.S.C. § 112(b), based upon claiming "an unobtrusive manner." Interval Licensing v. AOL et al (CAFC 2013-1282 etc) precedential; Judges Taranto, Chen A patent must "conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as [the] invention." 35 U.S.C. § 112,¶ 2 (2006).5 A claim fails to satisfy this statutory requirement and is thus invalid for…
  • Abstraction Transaction

    7 Sep 2014 | 5:31 am
    In buySAFE v. Google (CAFC 2013-1575), a CAFC panel furthers the Supreme Court rulings of Bilski and Alice in finding that software which effects "a contractual relationship" or "commercial transactions" are not patent-eligible subject matter.
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    Dear Rich: Nolo's Intellectual Property Blog

  • Let My Copyright Go: The 3D Moses

    The Dear Rich Staff
    23 Oct 2014 | 6:00 am
       Michelangelo's original                           3D copy Dear Rich: I’m part of the open source 3D printer community and this question was posted to a forum hosting 3D designs. Someone photographed an exact replica of Michelangelo's Moses at a local college. Someone else, using software, generated a 3D version of the statue. At the college's request these 3D works have been deleted. Given Michelangelo is long dead, I would have thought that both the original and any non-transformative reproductions would be…
  • Can We Download News Clips to Use Within Our TV Show?

    The Dear Rich Staff
    22 Oct 2014 | 6:00 am
    Dear Rich: We produce a nationally distributed television program for a client based on crime incidents reported in local media. After reading your article, my client claims that it is totally legal to download copyrighted television news stories from media websites and use them within the television show. Is he right? My understanding is that is television news is protected under a broadcaster’s blanket copyright and may not be used without express permission. We're not sure how your client reached his conclusion but, in general, there is no free pass for downloading copyrighted news…
  • Can I Sell Clothing Made From Copyrighted Fabric?

    The Dear Rich Staff
    21 Oct 2014 | 6:00 am
    silk fabric weaving circa 1914Dear Rich: This question pertains to copyright images on fabric bought from the store. There have been a lot of questions regarding this because of crafter's listings being taken down from Etsy. I believe the ones being taken down are violating copyright by using imported items or their own reproductions. My question is can we purchase licensed fabric or ribbon from a store, make it into a dress or handbag and then sell those items legally? There is a "For personal use only" statement on the salvage of the fabric. My understanding is that First Sale Doctrine…
  • Can I Embed YouTube Video at For-Profit Site?

    The Dear Rich Staff
    20 Oct 2014 | 6:00 am
    Judge PosnerSeventh CircuitDear Rich: Is it safe to embed YouTube videos in courses that are developed for-profit? The YouTube terms and service page indicates that the embed code they offer is designed to make sharing/embedding possible regardless of use. We noticed that your email was from Canada so we must caveat our answer by stating that our answer is based on U.S. copyright law. Though similar, the two nations differ in terms of legal precedent, fair use, and educational uses, among other things. The short answer is that embedding is probably not copyright infringement but may be a…
  • What the Supreme Court Didn't Say About eBooks

    The Dear Rich Staff
    15 Oct 2014 | 6:00 am
    Dear Rich: I recently received a takedown notice for posting free eBooks. Why do publishers still hassle people now that the Supreme Court has said it's okay to digitize and scan books? Perhaps it occurred in a parallel universe ... but we don't find any caselaw from the Supreme Court that states it's okay to scan and distribute eBooks. Are you referring to this case in which a Court of Appeals held that it was fair use to digitize books for purposes of creating a database? That database was used for keyword searching; users could not read the books.Bottom Line Dept. It would be…
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    Latest Patents

  • Amazon patent applications published on 23 October 2014

    Administrator
    23 Oct 2014 | 6:19 pm
    2 US patent applications published on 23 October 2014 and assigned to Amazon 1 20140317253 SYSTEM AND METHOD FOR CONFIGURATION MANAGEMENT SERVICE 2 20140316945 PROVIDING GIFT CLUSTERING FUNCTIONALITY TO ASSIST A USER IN ORDERING MULTIPLE ITEMS FOR A RECIPIENT
  • Apple patent applications published on 23 October 2014

    Administrator
    23 Oct 2014 | 6:18 pm
    22 US patent applications published on 23 October 2014 and assigned to Apple 1 20140317578 Multifunction Device with Integrated Search and Application Selection 2 20140317478 CONFIGURABLE AND LOW POWER ENCODER FOR CYCLIC ERROR CORRECTION CODES 3 20140317425 MULTI-CORE PROCESSOR INSTRUCTION THROTTLING 4 20140317365 TECHNIQUES FOR REDUCING POWER-DOWN TIME IN NON-VOLATILE MEMORY DEVICES 5 20140317358 GLOBAL MAINTENANCE COMMAND PROTOCOL IN A CACHE COHERENT SYSTEM 6 20140317355 CACHE ALLOCATION SCHEME OPTIMIZED FOR BROWSING APPLICATIONS 7 20140317323 Method and Apparatus for Arbitration with…
  • Canon patent applications published on 23 October 2014

    Administrator
    23 Oct 2014 | 6:18 pm
    52 US patent applications published on 23 October 2014 and assigned to Canon 1 20140317529 DISPLAY CONTROL APPARATUS AND CONTROL METHOD THEREOF 2 20140317490 NON-TRANSITORY COMPUTER-READABLE STORAGE MEDIUM STORING DOCUMENT MANAGEMENT PROGRAM AND INFORMATION PROCESSING APPARATUS 3 20140317424 POWER SUPPLY APPARATUS, POWER SUPPLY METHOD, AND STORAGE MEDIUM 4 20140317310 IMAGE PROCESSING SYSTEM, IMAGE PROCESSING METHOD, AND STORAGE MEDIUM 5 20140317187 INFORMATION PROCESSING SYSTEM, DOCUMENT MANAGING SERVER, DOCUMENT MANAGING METHOD, AND STORAGE MEDIUM 6 20140317091 INFORMATION PROCESSING…
  • eBay patent applications published on 23 October 2014

    Administrator
    23 Oct 2014 | 6:17 pm
    3 US patent applications published on 23 October 2014 and assigned to eBay 1 20140317711 SYSTEM AND METHODS FOR WEAK AUTHENTICATION DATA REINFORCEMENT 2 20140317517 COMMERCE ORIENTED UNIFORM RESOURCE LOCATER (URL) SHORTENER 3 20140316941 Self-Adjusting Seller Zones
  • Fujitsu patent applications published on 23 October 2014

    Administrator
    23 Oct 2014 | 6:17 pm
    35 US patent applications published on 23 October 2014 and assigned to Fujitsu 1 20140317692 INFORMATION PROCESSING UNIT, CLIENT TERMINAL DEVICE, INFORMATION PROCESSING SYSTEM, AND AUTHENTICATION PROCESSING METHOD 2 20140317586 SUPPORT DEVICE, DESIGN SUPPORT METHOD, AND COMPUTER-READABLE RECORDING MEDIUM 3 20140317444 STORAGE CONTROL DEVICE AND STORAGE DEVICE 4 20140317436 PROCESSING APPARATUS, METHOD, AND NON-TRANSITORY COMPUTER-READABLE STORAGE MEDIUM 5 20140317379 INFORMATION PROCESSING SYSTEM, CONTROL APPARATUS, AND METHOD OF CONTROLLING INFORMATION PROCESSING SYSTEM 6 20140317378…
 
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    Intellectual Property RSS Feed | JD Supra Law News

  • Know the Patent Specification Before Filing a Motion to Amend

    McDermott Will & Emery
    23 Oct 2014 | 2:25 pm
    Veeam Software Corp. v. Symantec Corp. - Addressing issues of claim construction and the requirements for a motion to amend, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (Board) ruled that the claims at issue were...By: McDermott Will & Emery
  • Changes to UK Design Legislation

    Pillsbury Winthrop Shaw Pittman LLP
    23 Oct 2014 | 2:11 pm
    Amendments to the UK design law regime came into effect on October 1st 2014. Businesses should be conscious of a number of significant changes under the Intellectual Property Act 2014, as well as further changes which are due in 2015. These changes...By: Pillsbury Winthrop Shaw Pittman LLP
  • BYOD In Australia - Cool, Cheap And (Potentially) Catastrophic!

    DLA Piper
    23 Oct 2014 | 1:27 pm
    THE ALLURE OF THE POTENTIAL COST SAVINGS OF BRING YOUR OWN DEVICE PROGRAMS IS TOO GREAT FOR MANY AUSTRALIAN ORGANISATIONS TO RESIST. Not only do the financials of Bring Your Own Device (BYOD) programs look good (the immediate cost savings from the...By: DLA Piper
  • The Major Threat Presented by a Tiny Thumb Drive

    Gray Plant Mooty
    23 Oct 2014 | 12:32 pm
    In our modern, ever-electronic, workplace, it continues to become ever-easier for dishonest employees to help themselves to their employer’s most sensitive and valuable assets through wholesale electronic copying of confidential, proprietary, and...By: Gray Plant Mooty
  • [Video] IP|Trend: The Importance of Consumer Surveys in Patent Litigation

    Robins, Kaplan, Miller & Ciresi L.L.P.
    23 Oct 2014 | 11:50 am
    Courts have increasingly shown scrutiny towards claims of patent damages in patent litigation. To address these issues patent plaintiffs have often relied on consumer surveys to demonstrate harm caused by patent infringement. Attorneys Seth Northrop...By: Robins, Kaplan, Miller & Ciresi L.L.P.
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    Florida IP

  • Attorney Fees Upheld For Prevailing Defendant

    Woodrow Pollack
    7 Oct 2014 | 3:39 am
    InDyne, Inc. sued Abacus Technology Corp. for copyright infringement relating to Abacus's setting up of a NASA website.  InDyne's allegations were that Abacus used InDyne's software for setting up the NASA website and such usage infringed InDyne's copyright.The trial court granted summary judgment of non-infringement to Abacus, finding that InDyne did not have sufficient evidence to show that the copied elements of software were original, and thus worthy of copyright protection.  Abacus sought and was awarded its fees as a prevailing party under 17 U.S.C. § 505.  InDyne…
  • Where To Litigate "Disposable Living-Grass Pet Toilets?"

    Woodrow Pollack
    25 Aug 2014 | 6:10 am
    Fresh Patch, LLC owns U.S. Patent 8,522,719 directed to a pet toilet continuous delivery and replacement method.  Fresh Patch ("Real Dogs Use REAL Grass") offers a subscription service where they send you a patch of grass each week for your pet to use as a toilet.  DoggieLawn ("Your Dog's Backyard In A Box") offers a competing service.  Fresh Patch sued DoggieLawn and its owner for patent infringement.  DoggieLawn moved to transfer the case from the Middle District of Florida to DoggieLawn's home in the Central District of California.  The Court addressed the typical…
  • Different Standards For Deciding Whether To Stay?

    Woodrow Pollack
    18 Aug 2014 | 4:58 am
    You may recall that Judge Covington denied a defendant's request to stay litigation, rejecting that defendant's argument that it was merely a "peripheral" defendant since it had only bought the accused product from another defendant.  While the Court noted in that decision that cases are generally stayed against peripheral defendants, that general rule does not apply where the peripheral defendant and the plaintiff are competitors.  In denying the peripheral defendant's request for stay, the Court required that defendant to put forward "an undue hardship or inequity."  Because…
  • Who Do You Sue For Copyright Infringement, Father or Son?

    Woodrow Pollack
    6 Aug 2014 | 4:56 am
    When last we checked in with Malibu Media (owner of a library of adult films and associated copyrights), Malibu had filed suit against John Doe and then used the Court's subpoena power to take an IP address which identified an alleged infringer's network connection and force the ISP to identify which subscriber belonged to that IP address.  (The Electronic Frontier Foundation has written about Malibu Media here.) In another case, a little further down the enforcement timeline, Malibu Media had received from the ISP the subscriber's identity.  But instead of suing the subscriber,…
  • Super Sacking -- Does a Covenant Not To Sue Eliminate Subject Matter Jurisdiction on a Subsequent Infringement Claim?

    Woodrow Pollack
    31 Jul 2014 | 4:30 am
    Apparently not.  Foliar Nutrients sued Plaint Food Systems (PFS) in 2004 for infringing a number of its patents.  After PFS sought reexamination of some of those patents, the parties settled.  That settlement called for Foliar to pay PFS $50,000 over five years, and included a mutual covenant not to sue where Foliar agreed not to assert its previously asserted patents and PFS agreed not to challenge their validity.The settlement didn't work.  After the first year's payment, the parties were unable to continue operating under the agreement.  PFS sued Foliar a couple of…
 
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    Patexia Rss Feed

  • Fujitsu Patents Biometric Vein Authentication Technologies

    23 Oct 2014 | 9:24 am
    Earlier this week Fujitsu filed US Patent Application 20140294251 - Vein authentication method, image processing method, and vein authentication device, which describes an improved method for infrared light irradiation of an individual's palm for biometric authentication of that person. The company also filed US Patent 8855378 - Biometric authentication device and method, which describes a biometric authentication device that can acquire a time-series of biological images by...
  • Big Tech winning battle with 'patent trolls'

    23 Oct 2014 | 9:04 am
    In the wake of several changes in U.S. law, which make it easier to challenge software patent, patent prices are plummeting, the number of court fights is down, and stock prices of many patent-holding companies have fallen.  Big Tech winning battle with 'patent trolls' | Reuters (Reuters) - For two decades, companies that buy software patents to sue technology giants have been the scourge of Silicon Valley. Reviled as patent trolls, they have attacked everything from Google's
  • Apple wins jury trial: Calls opponent "patent troll"

    23 Oct 2014 | 8:55 am
    With the conclusion of the jusry trial, apple beat a $94M demand for supposedly infringing on two patents owned by GPNE Corp. Jury trial concludes: Apple slaps down patent troll’s $94M demand | Ars Technica GPNE sent demand letters to "truckers and farmers, roofers and dairies."
  • Eli Lilly Says Canada Patent Ruling Violates NAFTA

    23 Oct 2014 | 8:35 am
    Eli Lilly Says Canada Patent Ruling Violates NAFTA | Corporate Counsel   Eli Lilly & Co. told an international trade body that Canada violated international law when it invalidated two of its key patents. The company said the invalidation by Canadian courts of patents for two Lilly drugs—Zyprexa, used in the treatment of schizophrenia; and Strattera, used to treat Attention Deficit Hyperactivity Disorder (ADHD)—is illegal and “constitutes an uncompensated...
  • Is the USPTO Ready to Turn Over a New Leaf?

    22 Oct 2014 | 2:15 pm
    The White House just announced the nomination of  former Deputy General Counsel for Google, Michelle Lee, for the next director of the US Patent and Trademark Office (USPTO).  The nomination is one in a series positive steps taken by the White House towards a potentially more efficient US patent system.   Thus far 2014 has seen its share of setbacks for the US patent system.  In may an important patent reform bill hit the cutting room floor due to the lack of...
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    Arizona IP Attorney » Blog

  • Disney Opposes Deadmau5 in Trademark Battle

    JacksonWhite Law
    23 Oct 2014 | 1:27 am
    Mickey Mouse has been an icon since 1928, but a possible trademark has The Walt Disney Co. concerned for their mouse friend. The Walk Disney Co. is asking the U.S. Patent and Trademark Office to refuse a trademark filed by Deadmau5. Deadmau5 (dead mouse) is an electronic music star who wears a LED powered mouse helmet during shows. The man behind the ears is Canadian disc jockey, Joel Zimmerman. Joel has received Grammy nominations and even preformed at the Grammy Awards. Lawyer Up, Mickey In 2013, Zimmerman filed an application in hopes of trademarking his wide-smiling mouse symbol. Disney…
  • Celebs Seek Copyright Justice for Leaked Nude Photos

    JacksonWhite Law
    21 Oct 2014 | 3:20 am
    It’s no surprise that celebrities have their private business made public more than the rest of the population. For some, this private business includes nude photos. Stars like Jennifer Lawrence and Kate Upton were two of many starlettes whose intimate images were accessed by a computer hacker and released to countless viewers across the web. These two are some of the victims pursuing the removal of these photos through copyright claims. A Flagrant Violation of Privacy Images have been removed from various sites due to threats of copyright infringement. As for the individuals who stole and…
  • ALS Association Wants Trademark Rights to ‘Ice Bucket Challenge’

    JacksonWhite Law
    16 Oct 2014 | 12:35 pm
    Lately, individuals have not been able to open their social media accounts without witnessing another ALS ice bucket challenge. It seems everyone is participating. In fact, with the help of the challenge, the ALS Association has been able to raise over $94 million in under a month. With all the commotion, the ALS association is wanting even more than donations: trademark rights. Shameful Two trademark applications were filed last week by the ALS Association. The applications claim that the ALS Association owns the phrases “ice bucket challenge” and “ALS ice bucket challenge” for…
  • Jay Z, Kanye West Sued for Copyright Infringement

    JacksonWhite Law
    14 Oct 2014 | 3:30 am
    Jay Z and Kanye West, along with Frank Ocean, collaborated for the song “Made in America” on the Watch the Throne album. After resent accusations, it seems the throne might be in trouble! Jay Z and Kanye Sued The two rappers are being accused of copyright infringement. The claim was made by Joel McDonald, a musician residing in New York. He claims the chart-topping rappers stole the idea for the song from his work “Made in America” which was released in 2009. McDonald is seeking $3 million in damages. Not the First Accusation  This is not the first song from the album facing issues.
  • Half of U.S. Trademark Registrations Could Be “Partially Illegitimate”

    JacksonWhite Law
    14 Oct 2014 | 2:37 am
    The U.S. Patent and Trademark Office recently conducted a survey that revealed nearly half of all federal trademarks are at least partially illegitimate. The Survey 500 trademark registrations were analyzed in the survey and half of these registrations contained false claims regarding the goods or services. These illegitimate trademarks are blocking legitimate business from obtaining the trademark registries they want or prefer. How did this happen? When registering for a trademark, individuals must list all goods and/or services that will be covered by the registration. The rights offered by…
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