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    patent news - Google News

  • Apple wins patent victory of sorts in Chinese court - MarketWatch

    26 Apr 2015 | 10:22 pm
    MarketWatchApple wins patent victory of sorts in Chinese courtMarketWatchHONG KONG (MarketWatch) — A Chinese high court has sided with Apple Inc. AAPL, +0.47% in a patent dispute with a local company over the former's Siri voice-recognition system, and the case may now be headed to China's Supreme Court, according to a ...Apple wins patent appeal in ChinaBusiness Spectatorall 6 news articles »
  • Let's Invent: Revisiting the question of patents - The Union Leader

    26 Apr 2015 | 9:13 pm
    The Union LeaderLet's Invent: Revisiting the question of patentsThe Union LeaderAll of these emails pointed to one conclusion: Amateur inventors carry such a deep illusion about a patent that I need to rewrite my answer of last week so their delusion and hopelessness would be erased. This week, I start with a much clearer approach When Should a Do It Yourself Inventor Seek Patent Assistance?IPWatchdog.com11 things a patent is notFoster's Daily DemocratIP monitor - I went public with my invention – can I still get a patent?Lexology (registration)Globesall 6 news articles »
  • Mushroom Patent Could Radically Change the World in Positive Ways - The Raw Food World News

    26 Apr 2015 | 7:37 pm
    The Raw Food World NewsMushroom Patent Could Radically Change the World in Positive WaysThe Raw Food World News(TRFW News) For the last 35 years, one man has taken an extensive look at mushrooms. He has collected, cultivated, and studied mushrooms. He's written several articles and books that have earned him world-renown credibility. (1,2) Amazing but true, ...
  • Xiaomi's Newly Filed Patent Could Mean Fingerprint Scanning Technology For ... - Android Headlines - Android News

    26 Apr 2015 | 11:05 am
    GeekSaysXiaomi's Newly Filed Patent Could Mean Fingerprint Scanning Technology For Android Headlines - Android NewsSimilar to Apple's latest iPhone 6 handset, it would appear that Xiaomi is looking to place the fingerprint scanning technology across the home button for their upcoming smartphones. Recently, the Chinese manufacturer filed a patent that would allow Xiaomi Mi 5: Company files for patent hinting at brand new features International Business Times UKXiaomi Mi 5 Flagship to Reportedly Sport Fingerprint SensorNDTVNew Xiaomi fingerprint scanning technology could be used on…
  • The Innovation Act is Bad News for America's Patent System -

    26 Apr 2015 | 10:29 am
    The Innovation Act is Bad News for America's Patent SystemIPWatchdog.comThe Innovation Act (H.R. 9) goes well beyond what is needed to address bad actions of a small number of patent holders, and instead raises costs for all legitimate patent holders to enforce their Constitutionally-given property rights in court. The
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  • Patients’ Data at Risk as NHS Reinforces Its Microsoft/Accenture Stockholm Syndrome

    Dr. Roy Schestowitz
    27 Apr 2015 | 1:24 am
    Privatising the NHS and compromising privacy of every Brit with foreign entities CC BY-SA 3.0, via Wikipedia Summary: The worst privacy violator in the world and the firm behind LSE failures are pocketing as much as £0.35 billion of British taxpayers’ money to acquire access to very sensitive data of British people IT IS being reported in the British media that the NHS, which is gradually moving to adopt more and more Free/libre software, has just given a contract to Microsoft minion Accenture (article by IDG). £0.35 billion are to be spent on mail alone; that’s just crazy!
  • Links 26/4/2015: Debian 8, OpenMandriva Lx 3 Alpha, Mageia 5 RC

    Dr. Roy Schestowitz
    26 Apr 2015 | 9:31 am
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Desktop GNU/Linux Desktop Breaks Out In Finland Weekdays are interesting. Those are the days we find out whether folks are just playing with GNU/Linux at home or putting it to work. Finland has seen huge spikes in usage, all on weekdays. Kernel Space Linux Kernel 4.0 Update Kit Now Available for Black Lab Linux 6.5, Ubuntu 15.04 Roberto J. Dohnert announced the immediate availability of the Linux Kernel 4.0 Update Kit for his Black Lab Linux computer operating system, allowing users to update to…
  • Links 25/4/2015: Debian LTS Plans, Turing Phone Runs Linux

    Dr. Roy Schestowitz
    25 Apr 2015 | 1:27 am
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Desktop GNU/Linux Share of Global Page-Views Reaches New High Eight days in April, 2015, so far, have reached 2% share of page-views for GNU/Linux on the desktop worldwide, according to data from StatCounter. Server Containers and Microservices Force VMware To Ship A Linux Distribution VMware is the most unusual and unexpected player in the industry to ship a Linux distribution. Here is an analysis of what forced the virtualization giant to make this move. Kernel Space Btrfs In Linux 4.1 Has Fixes…
  • Who Kills Yahoo? It’s Microsoft, Not Yahoo!

    Dr. Roy Schestowitz
    24 Apr 2015 | 9:27 am
    Summary: The media should blame Microsoft, not Marissa Mayer, for what’s going on (and has been going on for 7 years) at Yahoo! HAVING essentially killed Nokia and Novell by infiltrating them and taking control of them, Microsoft would like to have history rewritten. This is true also when it comes to Yahoo!, which Microsoft systematically killed from the inside and Yahoo! is now trying to push away to regain some independence. Watch Marissa Mayer receiving heat for laying off a lot of Yahoo! staff. How about blaming those who induced this destruction in the first place? Microsoft has…
  • EPO Management is Trying Hard to Appease Its Critics While Pushing Forth Unitary Patent Agenda

    Dr. Roy Schestowitz
    24 Apr 2015 | 9:08 am
    Lives of ordinary Europeans silently compromised Summary: The European Patent Office and European Commission promote the agenda of large multinational corporations (at the expense or European citizens) and critics are being kept at bay Ahead of the May 5th Unitary Patent decision we have been hoping for stronger action and a push/effort that puts the underlying issues in European media. Sadly, however, it has been quiet on this front. Secrecy plays a role in this relative calm. If Europeans knew what was going on and what was really at stake, they would be up in arms, marching in the streets…
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    The IPKat

  • Practically perfect in every way? Well it's not bad for a Distance Learning Course in Copyright

    26 Apr 2015 | 9:36 pm
    Behind every distance learningcourse, there's a great postman(not forgetting the cat)Almost exactly one year ago, in "Stay close, but keep your distance? No paradox really ...", this Kat posted a short piece about the advantages and attractions of the distance learning programmes in copyright law run by his friends at King's College London. It struck him then that the course on offer was a jolly good one, and he said so. Since then, this Kat has gratified to discover that his opinion of this Diploma/Masters course is shared by others. The organisers report that the 2013/4 iteration of these…
  • Why things are as they are in patent law: forgotten principles and histories, and the role of complexity

    26 Apr 2015 | 6:14 pm
    In my previous post ‘Subject Matter Relationships: the need for strictness, complexity and fuzziness’ (here) I considered the different tests that are used to compare subject matter for priority, added matter and infringement. That post generated many interesting comments from readers which led to me think about why things are as they are.Here are two of those comments:‘When you lack the discipline to make any single court decision binding, you necessarily create the possibility of the "rule of law" completely arbitrary and vacillating from one decision to the next. It is easy to see…
  • Friday fantasies

    24 Apr 2015 | 8:58 am
    Forthcoming events. As usual, the IPKat's list of impending conferences, seminars, lectures and other IP attractions has been given its weekly spring-clean and update, so don't forget to check it out. Latest on the list is the "Meet the Judges" seminar that takes place in Dublin, Ireland, on Friday 5 June.  It's organised by European trade mark organisation MARQUES and features more judges than you can shake your wig at.  It's ideal for trade mark litigators, particularly if they fancy combining their professional pleasures with a weekend break on the banks of the River Liffey…
  • German Federal Court says that libraries have a right to digitise their collections

    24 Apr 2015 | 2:56 am
    Last September this blog reported [here and here] on the decision of the Court of Justice of the European Union (CJEU) in TU Darmstadt v Ulmer, C-117/13, a reference from the Bundesgerichtshof (German Federal Court of Justice) seeking clarification as to the interpretation of relevant exceptions in the InfoSoc Directive - these being Article 5(2)(c) and Article 5(3)(n) - that allow, amongst others, publicly accessible libraries to digitise works in their collections and make them available for users to view at dedicated terminals.Among other…
  • The case against patents: what does first-mover advantage tell us?

    24 Apr 2015 | 1:55 am
    For Kat readers who may not be aware, for more than a decade a professional literature has developed that is challenging the justification for maintaining a patent system, at least in its current form. Perhaps the most notable scholars engaged in this endeavor are Professors Michele Boldrin and David K. Levine, both of the Washington University in St. Louis. The long form of their arguments is set out in their 2008 book, Against Intellectual Monopoly. Various short forms of the positon are scattered across numerous articles. The arguments made by Boldrin and Levine have engendered much…
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    Patent Baristas

  • USPTO Offers Email Alerts  when Patent Applications Publish

    Stephen Jenei
    24 Apr 2015 | 8:48 am
    The U.S. Patent and Trademark Office (USPTO) announced the release of the Patent Application Alert Service. This system provides customized, email alerts to the public for free when patent applications of interest are published. Additionally, the system offers direct access to the published applications that meet your search criteria. Third-Party Preissuance Submissions 35 U.S.C. 122(e) provides a mechanism for third parties to submit patents, published patent applications, or other printed publications of potential relevance to the examination of a patent application with a concise…
  • Don’t Miss the Only Life Science Educational Event Dedicated to Due Diligence

    Stephen Jenei
    23 Apr 2015 | 9:04 am
    Mergers, acquisitions, in-licensing and out-licensing have dramatically increased in popularity as a revenue stream for life science organizations. This is due to both the length of time it can take to research a new product from the ground up, and the progressively crowded marketplace. The life sciences industry has experienced success through increased licensing, which has moved it from a secondary activity to a necessary measure to ensure a healthy bottom line. Big pharma, innovative biotechs and medical device companies have millions of dollars riding on the success of licensing deals. A…
  • CEA Marketing Group Wants You To Tell the Senate to Stop Patent Trolls

    Stephen Jenei
    28 Oct 2014 | 11:21 am
    A marketing company is currently helping CEA and a coalition of other companies (and legislators!) in a project to raise awareness to fight “patent troll” issues and to petition the senate for Patent Legislation Reform. According to the site, their message is: Sign our petition now and tell the Senate to focus on patent reform during lame duck. No more excuses! However, the site does not tell you anything further without having to input all of your information, which we were not willing to do.  The CEA does have lots of anti-troll websites and campaigns and there is no…
  • What is Intellectual Property? A Student Guide and Definition.

    Stephen Jenei
    24 Oct 2014 | 7:54 am
    Innovate Product Design has created this infographic on “What is Intellectual Property? A Student Guide and Definition.” The infographic is intended to help people and students understand the importance of intellectual property and why it is also important for designers to protect their creative idea. © 2014 Innovate Product Design URL to Infographic:
  • 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…
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    Patent Docs

  • Court Report

    Patent Docs
    26 Apr 2015 | 9:54 pm
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Medicis Pharmaceutical Corp. v. Taro Pharmaceuticals U.S.A., Inc. et el. 3:15-cv-02841; filed April 22, 2015 in the District Court of New Jersey • Plaintiff: Medicis Pharmaceutical Corp. • Defendants: Taro Pharmaceuticals U.S.A., Inc.; Taro Pharmaceutical Industries, Ltd. Infringement of U.S. Patent Nos. 8,236,816 ("2x2x2 Week Dosing Regimen for Treating Actinic Keratosis with Pharmaceutical Compositions Formulated with 3.75% Imiquimod," issued August 7, 2012), 8,299,109…
  • Conference & CLE Calendar

    Patent Docs
    26 Apr 2015 | 9:43 pm
    April 21, 2015 - U.S. Biosimilars (American Conference Institute) - Munich, Germany April 27-29, 2015 - M&A and Strategic Alliances in the Life Sciences Industries*** (American Conference Institute) - New York, NY April 27-28, 2015 - Paragraph IV Disputes conference*** (American Conference Institute) - New York, NY April 30, 2015 - "Interim Guidance on Patent Subject Matter Eligibility" (American Bar Association) - 1:00 to 2:30 pm (ET) May 12, 2015 - "Patent Prosecution: Leveraging Declarations to Strengthen Patents Against Post-Grant Proceedings" (Strafford) - 1:00 to 2:30 pm (EDT) May…
  • Due Diligence Summit for Life Sciences

    Patent Docs
    25 Apr 2015 | 9:05 pm
    ExL Events will be holding its 2nd Due Diligence Summit for Life Sciences on June 9-10, 2015 in Boston, MA. The conference will offer presentations on the following topics: • Organize and Support Due Diligence for Out-Licensing or Partnering (case study) • Explore How International Due Diligence Differs (case study) • Due Diligence and Integration Planning (case study) • Find Your Next "Blockbuster" Drug Through Comprehensive Portfolio Assessment and Measure the Market Potential of Products • Virtual Due Diligence and Leveraging Data Rooms • Compose and Run a Successful Gap…
  • EU Pharmaceutical Law Forum

    Patent Docs
    25 Apr 2015 | 9:02 pm
    Informa Life Sciences will be holding its 24th Annual EU Pharmaceutical Law Forum on May 19-21, 2015 in Brussels, Belgium. The conference will offer presentations on the following topics: • Feedback from the EU Commission on competition law (keynote presentation) -- to be presented by a representative from DG Competition, European Commission; • Reverse payment patent settlements; • Examining recent EU merger control cases in the pharmaceutical industry; • Assessing pricing: Discounts and rebates; • Review of high profile national cases/decisions in competition law; • Unified…
  • Fine-structure Genetic Mapping of Human Population in Britain

    Patent Docs
    23 Apr 2015 | 9:59 pm
    By Kevin E. Noonan -- One of the consequences of the explication of human genomic DNA by the Human Genome Project and related efforts has been a better understanding of anthropological history, i.e., how the human population has changed geographically over time. This better understanding has been set forth in broad strokes based on mitochondrial DNA differences in historical and contemporary human populations (leading to the "African Eve" hypothesis of human ancestry) as well as analyses of Y-chromosome polymorphism (or lack of it; Genghis Khan has a frightfully large number of descendants).
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    Patently-O » Patent

  • Grace Period Restoration Act of 2015

    Dennis Crouch
    24 Apr 2015 | 9:26 am
    In the move to a first-to-file patent system, the U.S. narrowed its pre-filing grace period previously codified under 35 U.S.C. 102(b)(2010).  The new law enacted as part of the Leahy-Smith America Invents Act (AIA) continues to permit a one-year grace period but limits the scope of coverage only to a pre-filing “disclosure . . . of a claimed invention” (A) “made by the inventor or joint inventor or by another who obtained the subject matter directly or indirectly from the inventor” or (B) made subsequent to an (A) disclosure.  35 U.S.C. §102(b)(1)(A) and (B)(2015).  There are a…
  • Patent Quality Plans and Submissions

    Dennis Crouch
    23 Apr 2015 | 9:05 am
    Earlier this week I wrote about the upcoming deadline for comments on the USPTO’s patent quality initiative as well as the Berkeley Technology Law Journal’s parallel publication process.  Although the BTLJ’s project is not sanctioned by the PTO, we are working to coordinate our efforts in order to help the PTO evaluate the proposals and suggestions. Along that line, I wanted folks to be aware that, although the BTLJ will not publish all submissions, all submissions will be provided to the USPTO for their consideration.  (Thus, by submitting to BTLJ, you can’t…
  • Moving Forward: Judge Stoll

    Dennis Crouch
    23 Apr 2015 | 8:36 am
    On a voice-vote, the Senate Judiciary Committee has unanimously approved President Obama’s nominee Kara Stoll to be the next addition to the Court of Appeals for the Federal Circuit.  Now that the log-jam over Loretta Lynch’s nomination as attorney-general is coming to a close, I would expect full Senate approval within the next few weeks. See: Nomination memo; The following are a few responses to Questions For the Record asked by some members (Grassley/Cruz) of the Senate Judiciary Committee: What role, if any, should the constitutional rulings and doctrines of foreign…
  • Our Expanded Regime of Submarine Prior Art

    Dennis Crouch
    22 Apr 2015 | 8:01 am
    by Dennis Crouch The general rule in our new first-to-file patent system is that your effective application filing date* is of utmost importance.  In general that date is the trigger-date for prior art.  Prior Publications count as prior art (102(a)(1) prior art) as do Patents and Patent Applications filed prior to the trigger-date (102(a)(2) prior art).  To be clear, publications are generally thought of as prior art as of their date of publication, but we have a special rule for U.S. patent filings — once published or patented they become prior art as of their effective filing…
  • Of Printer Cartridges and Patent Exhaustion: The En Banc Federal Circuit is Poised to Clarify Quanta

    Dennis Crouch
    21 Apr 2015 | 7:19 pm
    Guest post by Samuel F. Ernst, Assistant Professor of Law at the Chapman University Dale E. Fowler School of Law. Lexmark International, Inc. sells its patented printer cartridges directly to customers and indirectly through authorized resellers.  Ordinarily these authorized “first sales” would exhaust Lexmark’s patent rights in the cartridges, such that Lexmark could not sue third parties, such as Impression Products, Inc., for patent infringement when they refill and resell the spent cartridges at a reduced price.  However, after Lexmark’s authorized and indiscriminate first sale…
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    Patent Prospector

  • Disparate Legal Precedents

    8 Apr 2015 | 4:33 am
    In Vasudevan v Tibco et al (CAFC 2014-1094), the district court managed a clean claim construction that went to accessing "disparate databases." It then ruled in summary judgment that the specification did not meet the written description requirement and was not enabled (both deficiencies in meeting §112(a)). It did so with solid reasoning. A specification must "contain a written description of the invention." 35 U.S.C. § 112 ¶1 (2006). The test for the sufficiency of the written description "is whether the disclosure of the application relied upon reasonably conveys to those…
  • Controversy

    8 Apr 2015 | 4:09 am
    In Apotex v. Daiichi Sankyo v. Mylan (CAFC 2014-1281, -1292), the CAFC grabs the litigation cudgel that a district court refused to pick up because it did not perceive a controversy meriting litigation. The CAFC reversed, as the parties involved had financial stakes in who first gets to make a generic version of a drug going off patent. The case illustrates the byzantine inanity that characterizes the U.S. drug patent system.
  • Lost Credibility

    11 Mar 2015 | 12:36 am
    In Warsaw Orthopedic v. Nuvasive, Southern California district court Judge Cathy Ann Bencivengo demonstrated her incompetence in patent law by granting damages inappropriately. A CAFC panel (CAFC 2013-1576, -1577) reminded: "a patentee is entitled to either a reasonable royalty or lost profits-- not both. At oral argument, counsel for Warsaw admitted it was not entitled to both a reasonable royalty and lost profits on a single sale, nor was it seeking both."
  • Exhausting

    18 Feb 2015 | 2:39 am
    Helferich licensed relevant portions of its patent portfolio to mobile handset manufacturers. Then it turned around and sued content providers that feed users through their handsets. In a whitewash ruling, Judge John W. Darrah of Illinois district court found non-infringement via exhaustion. A CAFC panel (2014-1196) reversed that sloppiness, noting that the lower court "did not focus on the particulars of any of Helferich's claims." "We see no sound basis for expanding exhaustion doctrine to hold that authorized sales to persons practicing the handset claims exhaust the patentee's rights to…
  • Clear Error

    2 Feb 2015 | 4:12 am
    The CAFC has long internally fretted about its self-indulgence of de novo review in claim construction, which is a legal interpretation of technical facts. In Teva v. Sandoz, the Supreme Court settled that score. When reviewing a district court's resolution of subsidiary factual matters made in the course of its construction of a patent claim, the Federal Circuit must apply a "clear error," not a de novo, standard of review.
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    Patent Pending Blog - Patents and the History of Technology

  • The Wirtz Water Pump, River Pump, Spiral Pump, or Coil Pump

    Bob Shaver
    30 Mar 2015 | 2:09 pm
    How do you use the energy of flowing water, such as in a stream or river, to pump water to a height far higher than the source of the water?  How do you do that without electricity, without solar power, just using the moving water?  A device that does just that was invented in 1746 by Wirtz of Switzerland.  It was largely forgotten when steam power and later electrical power came  along, but it has seen a resurgence of interest among people trying to use simple technology in the U.S. and also in developing countries. Its called a Wirtz pump, and is also known as a spiral pump, a river…
  • Shaver and Swanson, LLP, our new patent law firm

    Bob Shaver
    29 Mar 2015 | 11:07 am
    Scott Swanson, our Paralegal Amy Hennig, and our Office Manager Dicsie Gullick and I recently started a new law firm, to continue our work in patent and trademark law, as well as litigation involving patents and trademarks.  We got my daughter Ciera Shaver to work on the website, and she came up with this cool graphic.  This is a great graphic for a patent law firm, because Scott and I both ride bikes, and arguably, the bicycle is the perfect invention.  If not the ultimate invention, its a pretty darn revolutionary invention.  Our website is located at
  • The Largest Stone Moved by Man, The Thunder Stone

    Bob Shaver
    2 Sep 2013 | 5:46 pm
    The largest stone ever moved by man, as far as I know, is the stone moved to St. Petersberg to serve as the base for the equistrian statue of Peter the Great.  It was called the Thunder Stone, and was moved four miles by land from a swamp in Finland, to a waiting barge.  It weighed 1250 tons, by far the heaviest stone known to have been moved by man.  It traveled by barge to its resting place in St. Petersburg, and was carved to it's final shape as it was being moved.  It started out as 1500 tons, and was something like 1250 tons when in its finished form. It was moved by placing…
  • Behistun Inscription, Iran

    Bob Shaver
    9 Sep 2012 | 7:03 pm
    In 1835 Sir Henry Rawlinson investigated some writings and figures carved in a stone wall on the road between the ancient capital of Babylonia and Media, located in modern Iraq .  The writings were on a panel carved into the rock, the panel being 15 meters high and 25 meters long.  The panel is 100 meters above the foot of the cliff.  Using copies of the text that he made, Rawlinson determined that the text of the inscription was a declaration, geneology, and history lesson written by King Darius of Persia, written before his death in 486 BC.  The inscription was important because the…
  • Constructing the Great Pyramid of Giza

    Bob Shaver
    11 Dec 2011 | 8:46 pm
    Theories on how the Great Pyramid at Giza take various forms.  Most of them have involved some form of ramp, up which the large stone blocks were hauled.  The problem was that construction of some of the ramps would have taken more effort and material than the pyramid itself.  Recently a French architect has proposed a theory that seems pretty logical, and solved a lot of the problems with the previous ramp theories.  Fleshing out a theory suggested by his architect father, Jean-Pierre Houdin spent most of a decade planning how he would build a pyramid, and developing 3D computer models…
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    Dear Rich: An Intellectual Property Blog

  • Wants to License Oral Histories

    The Dear Rich Staff
    22 Apr 2015 | 6:00 am
    Dear Rich: I founded a nonprofit that is an archive of oral histories. A European museum wanted to feature three stories from my project in an exhibition. They asked me under what conditions I'd allow use of material belonging to the nonprofit and whether my license would also cover the rights of the three stories in particular. Since this is the first time I've had to seriously consider how to protect my work I'm unsure as to what I should request to ensure my work is safe. The answer depends on what rights you have to license. We reviewed your standard release and it authorizes your…
  • Who Periscoped My Game of Thrones?

    The Dear Rich Staff
    20 Apr 2015 | 6:00 am
    Dear Rich: I have a basic understanding of copyright law, and my impression is that certain types of live-streaming could be defended as fair use -- for instance, if someone Periscoped "Game of Thrones" while offering a live critique of it. Or maybe if someone Periscoped a group of friends watching the show. My question is – at what point, if any, does live-streaming become “transformational”?"Periscoping" refers to live streaming via the Periscope app to friends, and we doubt whether transmitting a complete episode of "Game of Thrones" would qualify as a transformative use,…
  • Fish Out of Water (and Copyright)

    The Dear Rich Staff
    13 Apr 2015 | 6:00 am
    Dear Rich: I am currently in the process of making a logo for trout nets I sell. My graphic design artist did a great job but used a trout silhouette off of a stock photo site. The site says it is prohibited to use their material as part of a logo, but it is just a silhouette of a trout jumping and I feel like that is more public domain than not. I talked to my graphic design artist who is willing to sketch one up from scratch, I just feel it is kind of silly as there are only so many ways to depict a silhouette of a trout jumping out of the water. Your argument -- that there are a…
  • Do I Need a Lawyer to License Crafts?

    The Dear Rich Staff
    8 Apr 2015 | 6:00 am
    Dear Rich: I'm a crafts artist and I create fantasy animals and sell them as sculptures and prints. A company wants to license two designs for fabric for use in children's products. They're asking me to sign a license for three years. According to the contract, I can still sell sculptures and paper prints. I just can't do clothing. bed sheets and similar fabric items. I think I understand the agreement. I'd hate to blow most of my advance on a lawyer if I don't need one. But people are telling me I should see an attorney. What do you think?That's a tough call. We talk about licensing at our…
  • Does Your Chewing Gum Lose its Flavor in Canada?

    The Dear Rich Staff
    6 Apr 2015 | 6:00 am
    Dear Rich: Is the song "Does Your Chewing Gum Lose Its Flavour (On the Bedpost Overnight)" in the public domain in Canada?Although many music fans believe that Does Your Chewing Gum Lose its Flavour originated with Skiffle-master Lonnie Donegan in 1959, the novelty song was originally released in 1924 by the Happiness Boys. It was written by Billy Rose, Ernest Breuer, and Marty Bloom (see label, right) with one difference; their song was titled Does Your Spearmint Lose its Flavour. Donegan changed it because the BBC would not play songs that included trademarks and…
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    Latest Patents

  • Amazon patent applications published on 23 April 2015

    23 Apr 2015 | 5:18 pm
    2 US patent applications published on 23 April 2015 and assigned to Amazon 1 20150113022 MANAGING MEDIA CONTENT, PLAYLIST SHARING 2 20150113021 MANAGING MEDIA CONTENT, FEDERATED PLAYER
  • Apple patent applications published on 23 April 2015

    23 Apr 2015 | 5:18 pm
    22 US patent applications published on 23 April 2015 and assigned to Apple 1 20150113472 Grain Generation and Blending 2 20150113453 METHODS AND DEVICES FOR SIMPLIFIED GRAPHICAL OBJECT EDITING 3 20150113412 INTERACTIVE BUILD ORDER INTERFACE 4 20150113411 Automatic Configuration of Displays for Slide Presentation 5 20150113408 AUTOMATIC CUSTOM SOUND EFFECTS FOR GRAPHICAL ELEMENTS 6 20150113404 Publishing Media Content to Virtual Movie Theatres 7 20150113396 CURVED SHADOWS IN VISUAL REPRESENTATIONS 8 20150113372 TEXT AND SHAPE MORPHING IN A PRESENTATION APPLICATION 9 20150113371 PRESENTATION…
  • Canon patent applications published on 23 April 2015

    23 Apr 2015 | 5:17 pm
    1 US patent application published on 23 April 2015 and assigned to Canon 1 20150111289 FLUID INTERFACE CARTRIDGE FOR A MICROFLUIDIC CHIP
  • eBay patent applications published on 23 April 2015

    23 Apr 2015 | 5:17 pm
    1 US patent application published on 23 April 2015 and assigned to eBay 1 20150112754 USER INTENT TRACKING STREAMS
  • Fujitsu patent applications published on 23 April 2015

    23 Apr 2015 | 5:17 pm
  • add this feed to my.Alltop Image analysis - USPTO Class 382 Patent Applications Update

  • Determination of z-effective value for set of voxels using ct density image and sparse multi-energy data

    20 Apr 2015 | 1:47 pm
    Z-effective (e.g., atomic number) values are generated for one or more sets of voxels in a CT density image using sparse (measured) multi-energy projection data. Voxels in the CT density image are assigned a starting z-effective value, causing a CT z-effective image to be generated from the CT density image....
  • Automatic photo album creation based on social information

    20 Apr 2015 | 1:47 pm
    A social photo curation system is used to automatically identify a subset of photos for an album to provide to a viewing user. The album and its photos are associated with metadata indicating information about the photos, such as individuals tagged in the photos, locations where the photos were taken,...
  • Computing device and method for jointing point clouds

    20 Apr 2015 | 1:47 pm
    A computing device and a method joints point clouds of an object into a coordinate system. The computing device calculates edge points of each image, and calculates a curvature scale space (CSS) corner of each image according to the edge points of each image. The computing device calculates a sub-pixel...
  • Image-related methods and systems

    20 Apr 2015 | 1:47 pm
    Digital watermark encoding—and associated registry transactions—are made transparent to consumers—performed as built-in features of common image processing operations, such as taking a picture, or printing a picture. In one arrangement, a user particularly defines network experiences that a hardcopy image is to invoke. The user may interact with buttons and...
  • Image processing apparatus and image processing method

    20 Apr 2015 | 1:47 pm
    An image processing apparatus includes an image acquisition unit acquiring a plurality of images, a corresponding point acquisition unit, a first fundamental matrix estimation unit, an epipole coordinate deriving unit, an epipole coordinate determination unit, and a fundamental matrix determination unit. The corresponding point acquisition unit acquires first corresponding points....
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    Intellectual Property RSS Feed | JD Supra Law News

  • Reveal Your Hurt

    Orrick - NorCal IP Group
    25 Apr 2015 | 1:51 pm
    Corning Optical Communications Wireless Ltd. v. Solid, Inc. et al., 5:14-cv-03750 (Magistrate Paul Grewal) (April 14, 2015) - The days of “wait until we serve our expert report” to reveal damages figures might be over, at least if your case is in...By: Orrick - NorCal IP Group
  • Otsuka Pharm. Co., Ltd. v. Mylan Inc.

    Robins Kaplan LLP
    25 Apr 2015 | 1:50 pm
    Case Name: Otsuka Pharm. Co., Ltd. v. Mylan Inc., No. 14-4508 (JBS/KMW), 2015 U.S. Dist. LEXIS 35679 (D.N.J. Mar. 23, 2015) (Simandle, C.J.) . Drug Product and Patent(s)-in-Suit: Abilify® (aripiprazole); U.S. Patents Nos. 8,017,615 (“the ’615...By: Robins Kaplan LLP
  • Context and Relationships among Claim Elements in Patents

    Womble Carlyle Sandridge & Rice, LLP
    25 Apr 2015 | 1:23 pm
    A claim in a patent application or issued patent should express not only the building blocks of an invention but also the relationships among the building blocks. Understanding and expressing these relationships clearly in a claim is vital for all...By: Womble Carlyle Sandridge & Rice, LLP
  • Amicus Briefs on Biosimilar Patent Litigation

    Foley & Lardner LLP
    25 Apr 2015 | 12:45 pm
    Amgen has appealed the district court decision denying its motion for a preliminary injunction to keep Sandoz’ biosimilar version of Neupogen® off the market. The appeal is on an expedited briefing schedule at the Federal Circuit, and three amicus...By: Foley & Lardner LLP
  • Zarxio®, First BPCIA Approved Biosimilar, Added to Purple Book

    K&L Gates LLP
    25 Apr 2015 | 12:11 pm
    In September 2014, the FDA published the first edition of the Purple Book: Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity or Interchangeability Evaluations (“Purple Book”), the biological equivalent of the...By: K&L Gates LLP
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    Florida IP

  • Staying Litigation Because of Request for Inter Partes Review?

    Woodrow Pollack
    6 Apr 2015 | 6:08 am
    Not yet.  The request is premature until the Patent Office determines whether or not to institute the Inter Partes Review ("IPR").TAS Energy, Inc. sued Stellar Energy Americas, Inc. for patent infringement concerning U.S. RE 44,815.  TAS and Stellar are competing engineering firms that each sought to design and construct a gas turbine inlet air cooling and thermal energy storage system for Duke Energy.  TAS additionally sought a preliminary injunction to enjoin Stellar's activities, but that motion was denied.  Stellar next petitioned the U.S. Patent and Trademark Office…
  • Request for Directed Verdict -- Is "Pods" Generic?

    Woodrow Pollack
    17 Mar 2015 | 4:52 am
    No.A jury agreed with PODS that U-Haul infringed the "pods" trademark and that U-Haul was unable to prove that the mark was generic.  U-Haul asked for a directed verdict notwithstanding the jury's conclusion and separately asked for a new trial.The Court noted the narrow lens through which a Rule 50 directed verdict motion is viewed:A Rule 50 motion should be granted only if the evidence is so overwhelmingly in favor of the moving party that a reasonable jury could not arrive at a contrary result.(quote omitted).  U-Haul argued that it had presented significant evidence including…
  • The Infringer Sourced The Infringing Goods in China, So Infringement Was Willful, Right?

    Woodrow Pollack
    2 Mar 2015 | 5:30 am
    No.Washington Shoe Company ("WSC") has sold certain shoes in Target.  (There is debate through the opinion discussed below whether WSC sold its shoes through Target "for years," but I will not get into that factual dispute.)  WSC sent an initial demand letter to Olem Shoe Corp. concerning the below boots:Olem responded that it was investigating the claim, but WSC had not identified any copyright registrations.  WSC responded with registration information, but the Copyright Office was unable to locate the deposit copies corresponding to the boots.  WSC then filed…
  • Patent Eligibility Attack On the Pleadings?

    Woodrow Pollack
    11 Feb 2015 | 6:44 am
    Not where you need to rely on evidence outside the pleadings...Stoneeagle Services has sued Pay-Plus Solutions and Premier Healthcare Exchange for infringement of U.S. Patent RE 43,904 and RE 44,748 relating to healthcare provider reimbursement systems and methods.  Defendants, as has become all too common, moved for judgment on the pleadings early in the case, arguing that the patents are not patent eligible.  They challenged "representative" claim 2: 2. A method of facilitating payment of adjudicated health care benefits to a health care provider comprising:identifying the health…
  • Are Declaratory Judgment Claims of Non-infringement in Response to a Claim of Infringement Redundant and Unnecessary?

    Woodrow Pollack
    27 Jan 2015 | 7:46 am
    Yes.The Alexis Brothers, acrobatic circus performers who regularly perform as a featured act of Cirque de Soleil, own a copyright registration titled "Peace and Discord" for an original choreographic work consisting of a sequences of poses and transitions for theatrical performances.  A sample of their performance is here. The Alexis Brothers sued Cirque Italia, LLC and two acrobatic performers (the "A&A Duo") for copyright infringement.  A sample of their performance is here.The A&A Duo asserted counterclaims seeking (among others):1) Declaratory judgment that they did not…
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    Patexia Rss Feed

  • Happy World IP Day from the Patexia Team

    24 Apr 2015 | 4:15 pm
    April 26th is World IP Day.  Take a look and see if there are any great events going on near you. World Intellectual Property Day – April 26 World Intellectual Property Day is a yearly celebration of IP's role in stimulating innovation and creativity. Find out more about what's planned for 2015.
  • US warns China over ‘weak’ intellectual property regime

    24 Apr 2015 | 10:40 am
    United States Commerce Secretary Penny Pritzker is warning China that weak intellectual property (IP) protections and selective application of the law are hampering foreign investment in the country. US warns China over ‘weak’ intellectual property regime » US warns China over ‘weak’ intellectual property regime On the pulse
  • Big data could be the key to disrupting the U.S. patent industry

    24 Apr 2015 | 10:32 am
    Big data is key to disrupting the U.S. patent industry | Brookings Institution Patents haven’t always been easy for companies to come by, but a new technology startup is changing the way businesses search for inventions, explains Bob Litan
  • The EFF Says to Congress: Stop Trying to Limit EFF’s Ability to Challenge Patents

    24 Apr 2015 | 10:25 am
    Congress: Stop Trying to Limit EFF’s Ability to Challenge Patents | Electronic Frontier Foundation EFF recently won our challenge to invalidate claims of the “podcasting patent” using a procedure at the Patent Office called inter partes review. This procedure allowed us to challenge a patent that was being used to demand licenses from individual podcasters, even though EFF itself had never been threatened by the patent owner.
  • Coalition for Afforable Drugs Targets Biogen

    23 Apr 2015 | 8:47 am
    Kyle Bass' Coalition for Affordable Drugs has filed another IPR, this time directed at Biogen's US 8,759,393, which covers the multiple sclerosis drug Tecfidera. The twice-daily dosage of Tecfidera covered by the '393 patent represents Biogen's top selling drug. Hedge fund manager targets patent for Biogen's blockbuster drug, Tecfidera - Boston Business Journal
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    SiNApSE - Powered by BananaIP Counsels

  • OSTP & USPTO give due Recognition to game changing Innovators

    Angitha KJ
    26 Apr 2015 | 11:24 pm
    On April 20, the OSTP (Office of Science and Technology Policy) and the USPTO hosted the 2015 – Patents for Humanity Awards in the Eisenhower Executive Office Building. The USPTO announced the winners on April 13, 2015. Patents for Humanity is the USPTO’s voluntary prize competition for patent owners and licensees. The program was launched at The White House in February, 2012 for promoting businesses of all kinds to apply their innovations to address global challenges in health and standard of living. The award recipients received public recognition in the award ceremony, a…
  • Intellectual Property: Of Fact, and Fiction; Releasing today

    SiNApSE Staff
    25 Apr 2015 | 8:30 pm
    Happy IP Day to one and all! Today we bring to you a fun and fulfilling set of books as a box set – Intellectual Property, Of Fact and Fiction. A specially designed collection of Dr. Kalyan C. Kankanala’s best selling works on Intellectual Property is set for release today, 26th of April, 2015. The book is currently available for order in the ebook format on Amazon Kindle, iTunes, Kobo, Flipkart, Barnes & Noble etc. It will be available in hard copy format too on Amazon, Flipkart etc. To order this book, on Amazon Kindle, click here now! Want a little peak into what the…
  • Case Note: Hypnos Ltd. v. PEPS Industries Pvt. Ltd. and Ors

    Thomas Joseph
    23 Apr 2015 | 11:22 pm
    Citation: ORA/126/2012/TM/CH, Order dated 16th April, 2015 Parties Involved: Applicant: 1. Hypnos Limited (UK) Respondents: 1. Hosur Coir Foam Pvt. Ltd. 2. Peps Industries Pvt. Ltd. 3. The Registrar of Trademarks, Trademarks Registry, Chennai Brief Facts: The Applicant, a UK based family run bed manufacturing company, filed a rectification petition to cancel the registration of the ‘HYPNOS’ trademark owned by Respondent No. 1 under Class 20. The HYPNOS mark owned by Respondent No.1 is associated with mattress, pillows, cushions, seats and other related products. The Applicant had also…
  • PEPS victorious in Trademark Battle against UK bed manufacturer

    Thomas Joseph
    23 Apr 2015 | 10:29 pm
    A two-year long trademark litigation between Peps, the largest spring mattress company in India, and a UK bed manufacturer, has culminated with the Indian bed manufacturer emerging victorious! The Trademark Rectification suit was initiated in 2012 by HYPNOS, UK, for removal of the registered and highly popular ‘HYPNOS’ mark of Peps, from the Trademark Registry. The British Company claimed that the mark was famous in India owing to the spill-over of its trans-border reputation. In retaliation, Peps contested HYPNOS UK’s claim that it was not well-known, especially to Indian consumers.
  • Models Sue for use of persona in Escort Service promotion

    Dr. Kalyan Kankanala
    21 Apr 2015 | 11:40 pm
    Five US models sued and two individuals for use of their photographs for escort services, and on pornographic websites. These models had allegedly signed 6-month contracts for modelling services, and were shocked to find their photographs on unwelcome websites. The suit alleges fraud, misrepresentation, unauthorized use of photographs, breach of reputation, and intentional infliction of emotional distress. Though rarely pursued, such issues are very common in the Indian context as well. More often than not, we see photographs and persona of models being posted on obscene…
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