Patents

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  • After Final Consideration Pilot (AFCP), Version 2.0.

    Anticipate This!™ | Patent and Trademark Law Blog
    Jake Ward
    17 May 2013 | 12:07 pm
    The USPTO issued the following press release today, concerning the After Final Consideration (AFC) pilot program, which allows Examiners and Patent Applicants additional opportunities to reach agreement when the status of an outstanding Office Action has been made “final”. JW Note:  Our experience with the initial pilot program was positive, and we are pleased to see the USPTO further developing the program.  Any additional opportunity to reach agreement prior to filing costly appeals or requests for continued examination (RCE) is generally good for patent applicants. After…

  • Dreaming (Literally) about Patent Litigation and the "Right" Result

    The IPKat
    24 May 2013 | 5:28 am
    The IPKat is usually a gentle creature, but when he chooses to dig his IP claws into something, it can leave long-lasting marks. Something like that has been going lately in connection with patent litigation activity. Fellow Kats Jeremy, here, Darren, here, Jeff John, here, and former Kat, Norman, here, have all offered trenchant criticism about patent judgments and the patent litigation environment, ranging from the U.S. to India. The collective impression is that courts have a tendency to muck up decisions in the patent infringement area. Whether ruling on patentability or inventive step,…

  • Patent Abuse Reduction Act of 2013 (S.1013)

    Patent Law Blog (Patently-O)
    Dennis Crouch
    23 May 2013 | 12:37 pm
    By Dennis Crouch If it exists, the patent heat in Congress right now is focused on "curbing abusive patent litigation." A variety of bills have been introduced, including the SHIELD Act that would introduce a one-way fee shifting system that would require losing plaintiffs to pay the attorney fees of successful defendants. H.R. 845. The Bill also requires that the patentee plaintiff (or DJ Defendant) post a bond early in the lawsuit to ensure that the fees will be paid. Under its current structure, the bill is limited to cases where (1) the party asserting the patent is not the original…

  • Friday fantasies

    The IPKat
    24 May 2013 | 6:52 am
    Taking no chances: this is a photoof Rihanna hiding behind the treeon the left ... Publicity-shy: no; publicity-conscious: yes.  Famed (or infamous?) US-based singer Rihanna is apparently preparing for a new career as a UK litigant, it being reported that the Barbados-born bombshell has filed a $5 million lawsuit against high street retailer Topshop. Rihanna claims that Topshop’s sale of a t-shirt bearing her image falsely implied her endorsement of both the product and the retail chain.  If the shirts had been sold in the United States, Rihanna would have a strong claim of…

  • Going To Seed

    Patent Prospector
    21 May 2013 | 5:31 pm
    In Bowman v. Monsanto, the Supreme Court creates a glaring exception to patent law as a boon to corporate power. Such plutocratic largesse is the norm, as is ignoring facts to rule by bias, while crafting law from the bench without respect to statute. The abject corruption of the courts in this country continues. Bowman v. Monsanto (SCOTUS 11-796) Justice Kagan (author) of a unanimous opinion The doctrine of patent exhaustion limits a patentee's right to control what others can do with an article embodying or containing an invention. Under the doctrine, "the initial authorized sale of a…
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    patent news - Google News

  • Patent déjà vu: Nokia files suit against HTC in U.S. (again) - Digital Trends

    24 May 2013 | 8:58 pm
    Digital TrendsPatent déjà vu: Nokia files suit against HTC in U.S. (again)Digital TrendsIn case you haven't heard already, software patents are terrible. That being said, it certainly won't stop companies like Nokia and Apple from going on a finger-pointing field day against competitors in court. This time around Nokia is continuing a Nokia steps up patent suit against HTC, targets HTC OneZDNetNokia files new suits in patent fight with HTC, says reportsCNETNokia returns for second round of HTC patent dispute pile-onTechRadar UKTechnoBuffalo -Bloomberg -Fox Businessall 29…

  • Microsoft cleared of Motorola patent violation claim - Joystiq

    24 May 2013 | 6:55 pm
    LivemintMicrosoft cleared of Motorola patent violation claimJoystiqThe International Trade Commission has decided not to review the decision made last March by the administrative law judge presiding over Motorola's patent infringement case against Microsoft, thereby validating the judge's findings – which were in ITC Rules Against Google in Xbox Patent DisputePC MagazineITC says Microsoft did not violate Google patentReutersMotorola loses ITC patent case, can't ban Microsoft's XboxArs TechnicaVG247 -ZDNet -CNETall 48 news articles »

  • Pharma's defensive tag comes under threat; regulatory & patent tiffs up sector ... - Economic Times

    24 May 2013 | 4:26 pm
    Economic TimesPharma's defensive tag comes under threat; regulatory & patent tiffs up sector Economic TimesOverseas expansion, bringing in its wake increased regulatory compliance, intense competition, and disputes relating to violation of patents have increased the risk profile of the sector. Volatility in performance has become a norm for most drug

  • Bill to slay patent trolls garners broad backing - InfoWorld

    24 May 2013 | 1:06 pm
    Bill to slay patent trolls garners broad backingInfoWorldJohn Cornyn (R-Texas) to ward off litigious patent trolls. Though the EFF cited concerns that the bill doesn't go far enough in protecting consumers, the legislation may have enough support from both sides of the aisles to have a shot at becoming law.Stop Patent Trolls From Targeting Retailers | CommentaryRoll CallUS Senator introduces 'Patent Abuse Reduction Act'RegisterPatent Abuse Reduction Act of 2013 (S.1013)Patently-OThe Hill (blog) -SiliconANGLE (blog) -Adweekall 14 news articles »

  • Microsoft Applied to Patent TV Achievements - The Escapist

    24 May 2013 | 12:49 pm
    Side MissionMicrosoft Applied to Patent TV AchievementsThe EscapistWhile the Xbox One was revealed only a few days ago, Microsoft apparently filed patents last November for an Achievements-style system it could apply to television. The patent application labeled the television viewing experience as a passive one and Xbox One: Kinect 2′s visual DRM functions found in patent file – reportVG247Microsoft seeks patent for TV AchievementsComputerandvideogames.comMicrosoft files patent for television watching achievement reward systemFinancial PostSide Mission -Examiner.com -Spongall…
 
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  • IPNews® Intellectual Property News

    24 May 2013 | 6:45 am
    IP News® - Intellectual Property News | Mandour & Associates ... Recent Updates. Viacom May Get Dismissal From SpongeBob Uke's "Flying V" Guitar Trademark Lawsuit

  • Patent News™

    24 May 2013 | 1:38 am
    Recent Updates. Nintendo Scores Victory in Wii Controller Patent Lawsuit; Federal Judge Sides With Apple in IBOOKS Trademark Dispute; U.S. Postal Service and IBM Fend ...

  • Patent news & IP news | PriorSmart.com

    23 May 2013 | 11:07 pm
    Patent News and Intellectual Property News including breaking stories, patent litigations, IP blogs, Tweets, and USPTO stats.

  • Alltop - Top Patents News

    23 May 2013 | 9:20 pm
    IP News® - Intellectual Property News | Mandour & Associates ... Recent Updates. Viacom May Get Dismissal From SpongeBob Uke's "Flying V" Guitar Trademark Lawsuit

  • Rolf Claessen's IP Newsflash - patent and ip news, patent family ...

    23 May 2013 | 3:58 pm
    Hourly updated patent news, trademark headlines, intellectual property stories as well as related decisions, caselaw, notices of the offices, books, patent family
 
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    Techrights

  • Links 24/5/2013: Fedora ‘Pidora’, CIvil Rights Debated in the US

    Dr. Roy Schestowitz
    24 May 2013 | 8:10 am
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux LinkSmart’s Low-Cost, Big Data Plan with Linux and MapR LinkSmart’s audience and link management platform for publishers was built with big data at its core. So when management decided to migrate the cloud-based application to their own hardware, there was no question it would be completely powered by Linux. Linux-based infrastructure allows the 3-year-old startup to cut costs, both by avoiding the licensing fees of proprietary systems and by tapping the community’s collective knowledge base…

  • Bill Gates Still Getting Richer Through For-Profit Investments, Now Wants to Brainwash Children in Schools in Favour of His Investments

    Dr. Roy Schestowitz
    24 May 2013 | 2:11 am
    Nice business model if you can get it, with obligatory taxpayers-funded lobbying to kids as part of it Summary: Some of the latest strategies used by the world’s richest man to protect his investments and amass yet more money, adding to an ever-growing wealth while pretending it’s a charity The brainwash imposed by the Gates Foundation is not a new subject here. We have published a lot on this subject for over half a decade and we gave hundreds of examples. As a sort of corporation, with a market cap of nearly 100 billion dollars (or more), the Gates Foundation sure proves…

  • Microsoft Entryism and Its Effects on Corporate and Public Policy

    Dr. Roy Schestowitz
    24 May 2013 | 1:36 am
    “Entryism (also referred to as entrism, occasionally as enterism) is a political strategy in which an organisation or state encourages its members or supporters to join another, usually larger organisation in an attempt to expand influence and expand their ideas and program. In situations where the organization being “entered” is hostile to entrism, the entrists may engage in a degree of subterfuge to hide the fact that they are an organisation in their own right. In some cases the alleged entryists perceive themselves as supporters of a newspaper and not members of an…

  • Red Hat Should Follow Google’s and Twitter’s Footsteps on Patents to Avoid Becoming the Next Novell

    Dr. Roy Schestowitz
    24 May 2013 | 1:22 am
    A message to Rob Tiller and his team Official Rob Tiller photo from Red Hat’s Web site Summary: Red Hat continues to ignore my plea to defang the software patents it is applying for, potentially making them weaponised like Novell’s and Sun’s patents (e.g. Java at Oracle) upon buyout or another major event THE previous post talked about how The Guardian deceives readers when it comes to patents. It deceives readers in many other areas, pretending to be a “guardian”. Anyway, since The Guardian considers Twitter to be news, let’s recall Twitter‘s promise…

  • CAFC Decision Still Overridden by Overzealous Patent Lawyers in the Press, The Guardian and Other Corporate Press (CBS and AFP Included) Still Guard the Establishment

    Dr. Roy Schestowitz
    23 May 2013 | 3:48 pm
    Kim Dotcom (Schmitz) gets smeared even when he does the right thing Image by Andreas Bohnenstengel Summary: Analysis of a sceptical kind of corporate press coverage regarding software patents in the US; great examples of how Microsoft- and Gates-funded press outlets tend to get it all wrong on the facts, smearing digital freedom fighters Ugly distortion by patent lawyers The CAFC recently tabled an equivocal decision [1, 2] which will probably, based on reasonably wide consensus, be escalated to the SCOTUS and perhaps end software patents in the US once and for all. Sites of lawyers strongly…
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    Biocompare Patent News

  • European And US Cellulase Patents Granted To Direvo Industrial Biotechnology GmbH

    21 May 2013 | 9:58 pm
    Direvo Industrial Biotechnology GmbH (Direvo), an expert in enzyme development and optimization from Cologne, announced today the granting of U.S. and European Patents covering novel cellulase enzymes. Cellulase enzymes cleave plant based cellulose into small sugars and are used in numerous applications including production of pulp & paper, biofuels and synthesis of platform chemicals from renewable sources.

  • Acorda Therapeutics Announces Issuance Of Additional U.S. Patent For AMPYRA® Covering A Range Of Dosage Strengths

    20 May 2013 | 9:44 am
    Acorda Therapeutics, Inc. (Nasdaq: ACOR) today announced that the United States Patent and Trademark Office (USPTO) has issued U.S. Patent Application No. 8,440,703 ("the '703 patent") entitled "Methods of Using Sustained Release Aminopyridine Compositions." The '703 patent includes claims directed to methods of improving lower extremity function and walking and increasing walking speed in patients with multiple sclerosis (MS) by administering less than 15 mg of sustained release 4-aminopyridine (dalfampridine) twice daily.

  • Insmed Granted Key Composition Of Matter Patent Allowance For ARIKACE In Europe

    14 May 2013 | 5:22 am
    -- Insmed Incorporated (NASDAQ: INSM), a biopharmaceutical company focused on developing and commercializing an inhaled anti-infective to treat patients battling serious lung diseases in orphan indications that are often life-threatening, today announced that the European

  • Biotage And Peptide Synthesis

    13 May 2013 | 9:40 am
    CEM Corporation, a competitor of Biotage (STO: BIOT), recently published a press release claiming to have won a "patent dispute" with Biotage. The so called "patent dispute" relates to Biotage's filing of opposition against certain patents of CEM in Europe* (Germany, France, Italy and Great Britain) and Japan**, because Biotage believes that the patents as originally granted give CEM a broader protection than CEM is entitled to.

  • Onset Dermatologics Launches Patented Aurstat® Anti-Itch Hydrogel 225mL

    8 May 2013 | 3:33 am
    -Onset Dermatologics, a PreCision Dermatology Company and a leader in developing and commercializing novel, prescription products for improving skin health, today announced the availability of Aurstat® Anti-Itch Hydrogel. Aurstat® is a treatment for itch, including itch related to atopic dermatitis. Atopic dermatitis is also called eczema. Aurstat® contains HOCl (hypochlorous acid) as a preservative.
 
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    Anticipate This!™ | Patent and Trademark Law Blog

  • After Final Consideration Pilot (AFCP), Version 2.0.

    Jake Ward
    17 May 2013 | 12:07 pm
    The USPTO issued the following press release today, concerning the After Final Consideration (AFC) pilot program, which allows Examiners and Patent Applicants additional opportunities to reach agreement when the status of an outstanding Office Action has been made “final”. JW Note:  Our experience with the initial pilot program was positive, and we are pleased to see the USPTO further developing the program.  Any additional opportunity to reach agreement prior to filing costly appeals or requests for continued examination (RCE) is generally good for patent applicants. After…

  • Importance of Using a Registered Patent Practitioner.

    Jake Ward
    1 May 2013 | 1:55 pm
    Most anyone who has been involved in the filing of a patent application at the U.S. Patent and Trademark Office (USPTO) will tell you this – the patenting process is complicated.  It is full of strange rules.  To make matters worse, these rules seem to be in a constant state of flux.  As a result, the patenting process presents many potential pitfalls for inventors, and especially for those who decide to prepare and file themselves as ”pro se” or without the advice of counsel. Many patent practitioners can recall stories where pro se applicants have ultimately…

  • They Invented What? (No. 228)

    Jake Ward
    30 Apr 2013 | 7:39 am
    U.S. Patent No. 6,145,506: Decorative penile wrap. What is claimed is: 1. A decorative penile wrap mountable about a human penis for stimulative, non-intercourse use comprising: a sheath sized for encircling a human penis, the sheath having a cylindrical wall extending between opposed, first and second open ends, the cylindrical wall forming a hollow interior bore for receiving a human penis, the cylindrical wall disposed substantially in contact with the penis along the entire length of the wall; means for securing the sheath about a human penis; and decorative indicia formed on the exterior…

  • They Invented What? (No. 227)

    Jake Ward
    17 Apr 2013 | 2:46 pm
    U.S. Patent No. 4,995,379: Instant face lift. I claim: 1. A face lift device comprising a flexible band of material adapted to be adhesively attached to a human scalp, said band being flat on a first surface, and having a plurality of loops provided on the opposing surface; a two-piece strap wherein the first strap piece has a first end that is adapted to be adhesively attached to one side of the wearer’s head or neck and the second and end of said first strap piece is shaped to permit it to pass through one of the loops on the said band, the second strap piece has a first end that is…

  • They Invented What? (No. 226)

    Jake Ward
    12 Apr 2013 | 12:02 pm
    U.S. Patent No. 6,167,572: Reinforced garment with looped grasping handles. What is claimed to be new and desired to be protected by Letters Patent is set forth in the appended claims: 1. An apparatus for providing a pair of handles for use on the exterior of conventional trouser-like garments, comprising: a) a pair of elongated handle members each having a first end and a second end sized for use on human trousers; b) reinforcement means disposed in the interior of the trousers; c) means for attaching said elongated members to said reinforcement means of the trousers, said first and second…
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    The IPKat

  • Friday fantasies

    24 May 2013 | 6:52 am
    Taking no chances: this is a photoof Rihanna hiding behind the treeon the left ... Publicity-shy: no; publicity-conscious: yes.  Famed (or infamous?) US-based singer Rihanna is apparently preparing for a new career as a UK litigant, it being reported that the Barbados-born bombshell has filed a $5 million lawsuit against high street retailer Topshop. Rihanna claims that Topshop’s sale of a t-shirt bearing her image falsely implied her endorsement of both the product and the retail chain.  If the shirts had been sold in the United States, Rihanna would have a strong claim of…

  • Dreaming (Literally) about Patent Litigation and the "Right" Result

    24 May 2013 | 5:28 am
    The IPKat is usually a gentle creature, but when he chooses to dig his IP claws into something, it can leave long-lasting marks. Something like that has been going lately in connection with patent litigation activity. Fellow Kats Jeremy, here, Darren, here, Jeff John, here, and former Kat, Norman, here, have all offered trenchant criticism about patent judgments and the patent litigation environment, ranging from the U.S. to India. The collective impression is that courts have a tendency to muck up decisions in the patent infringement area. Whether ruling on patentability or inventive step,…

  • The monetarisation of Let's Plays: an exercise in copyright management

    24 May 2013 | 1:09 am
    Despite his impressive pedigree, having served time as a patent examiner with the UK's Intellectual Property Office, Katfriend and Page Hargrave trainee patent attorney Sean Gilday is modest enough to describe himself as something of a novice in the fields of both patent attorneyhood and guest-blogging. However, if there is one thing that Sean is prepared to admit to being reasonably well versed in, it’s video games.  Several news articles circulating recently have motivated him to write a post that takes a look at the oftentimes hazy interface where the world of video games touches…

  • "But everyone else does it": the Corporate edition

    23 May 2013 | 9:42 am
    Last week, fellow Kat Neil delighted us with a brilliant post on one of the biggest nightmares of IP lawyers, who are so often confronted with the wisdom of the crowd. “But everyone else does it” is not only the client’s dreaded response to an advice he dislikes. It works equally well (or bad) to explain corporate practices that raise doubts or concerns. A couple of days ago, representatives of Apple appeared before the Permanent Subcommittee on Investigations of the US Senate, at a hearing dedicated to ‘Offshore Profit Shifting and the US Tax Code’, to testify about the…

  • Can unfit copyright laws favour businesses' growth and emergence of new services?

    23 May 2013 | 2:29 am
    Surely thinking about (bad) copyright and innovation:Katfriend, photographer and copyright ownerDouglas McCarthy's Pushkina After a week in Shanghai, this Kat is back on the blogosphere with a question which has been haunting her for the past few days, even more than jet-lag or the conclusion of season 5 of Mad Men (which she could enjoy in its entirety while on the plane back to London). The obsessive (well, sort of) question has arisen following a bit of reflection on the (quite trite) universally acknowledged wisdom that good copyright laws might favour innovation and growth. But…
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    Patent Baristas

  • IP Law & Management Institute in San Diego

    Stephen Jenei
    16 May 2013 | 8:05 am
    Practical Strategies, Tactics and Tips for the Optimization of IP Assets in a Dynamic Business Environment International Performance Management Institute (IPMI) is holding the IP Law & Management Institute on November 3rd -5th, 2013 at the Paradise Point Resort & Spa in San Diego, CA. Hailed as “One of the few programs geared to experienced in-house IP Counsel”, the Institute is a CLE-accredited program designed to provide time-starved Heads of IP with the opportunity to meet and network with their peers, learn from best practices and validate solutions and services. Topics…

  • A Letter from the Court of Appeals for the Federal Circuit to the United States Supreme Court

    Stephen Jenei
    15 May 2013 | 7:02 am
    Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under that statute. May 10, 2013 717 Madison Place, N.W. Washington, D.C. 20439 United States Supreme Court 1 1st St NE Washington, D.C. 20543 RE: CLS BANK INTERNATIONAL v. ALICE CORPORATION PTY. LTD. PER CURIAM Dear Supreme Court: When…

  • Monsanto Seed Patent Rights Not Exhausted After Sale

    Stephen Jenei
    14 May 2013 | 11:12 am
    In a unanimous decision, the Supreme Court laid out that patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission. And….Boom Goes the Dynamite! (Bowman v. Monsanto Co. et al., (Bowman v Monsanto 11-796) The decision will have an impact on a plethora of businesses besides agriculture including gene therapies, vaccines, cell lines, nano-technologies, software and any invention that can be easily replicated (since soybeans must be planted, cultivated, and harvested — soybeans do not regenerate…

  • That’s a Negative Ghost Rider, the Pattern is Full

    Stephen Jenei
    13 May 2013 | 10:15 am
    Today is “Talk Like Top Gun Day.”  It’s a day to celebrate the 80′s classic  film that highlights both the US Navy Strike Fighter Tactics Instructor program (SFTI program) and beach volleyball. From the Top Gun Day website: Top Gun Day is May 13th.   What is Top Gun Day?  Well it’s like talk like a pirate day, only way cooler because it allows you to quote Top Gun all day long, wear aviator sunglasses (no matter how cheap), pretend you’re a fighter pilot (“it’s time to buzz the fridge”), play volleyball in jeans, and drink Hemlock–wait, wait–I mean…

  • The Scope of Prior Art by Others under AIA and a Comparison with European and Japanese Patent Law

    Stephen Jenei
    9 May 2013 | 5:32 am
    Today’s post is by Guest Barista Jay Pattumudi, a Patent Attorney with Bruzga and Associates. Under the new U.S. patent reform act, America Invents Act (AIA), the scope of prior art for making novelty and obviousness determinations has been broadened in some aspects but, in some cases, has been narrowed. With regard to making such determinations, the act’s provisions took effect March 16, 2013. This article makes a comparison of the provisions of AIA with those of European (i.e., EPO) and Japanese (i.e., JPO) patent law in the following two tables, which will be discussed below. The…
 
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    Patent Docs

  • ACI Global Patenting Strategy and Practice Conference

    Patent Docs
    24 May 2013 | 8:55 pm
    American Conference Institute (ACI) will be holding its Advanced Summit on Global Patenting Strategy and Practice on July 15-16, 2013 in New York, NY. ACI faculty will help attendees: • Develop a global patenting strategy to protect the commercial embodiment of your product in critically important markets around the world; • Determine the impact of patent harmonization efforts on your ability to protect your IP in foreign jurisdictions; • Review and understand the standards for patentability, filing requirements, claim construction, and obviousness or inventive step in major markets…

  • Webinar on Post-Grant Proceedings

    Patent Docs
    24 May 2013 | 8:50 pm
    Strafford will be offering a webinar/teleconference entitled "Post-Grant Patent Proceedings Before the PTAB" on June 12, 2013 from 1:00 - 2:30 pm (EDT). Scott A. McKeown and Greg H. Gardella of Oblon Spivak McClelland Maier & Neustadt will discuss the new post-grant patent practice and offer best practices for counsel to either patentees or third parties in inter partes review, post-grant review, and covered business method challenges. The panel will review the following questions: • How has post-grant practice been transformed since the America Invents Act? • What are the best…

  • Webinar on Trade Secret Theft

    Patent Docs
    24 May 2013 | 8:49 pm
    McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "Preventing Chinese Trade Secret Theft: The Obama Administration's Strategy on Mitigating the Theft of U.S. Trade Secrets" on June 11, 2013 from 10:00 am to 11:15 am (CT). MBHB attorney Joshua Rich will cover recent developments in the attempt to mitigate theft of U.S. trade secrets. Topics to be covered include: • An overview of the "Administration Strategy on Mitigating the Theft of U.S. Trade Secrets" • Recent Obama Administration steps to implement the Administration strategy • Industry and public…

  • Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

    Patent Docs
    23 May 2013 | 9:59 pm
    By Kevin E. Noonan -- Enactment of the Leahy-Smith America Invents Act in 2011 focused the patenting community on the changes of U.S. patent law from "first to invent" under the 1952 Patent Act to "first inventor to file" under the AIA as the basis for deciding priority and defining the scope of prior art to a claimed invention. Nevertheless, the provisions of the 1952 Act remain in force for any application filed prior to March 16, 2013, and the Federal Circuit's recent decision in Dey, L.P. v. Sunovion Pharmaceuticals, Inc., illustrates that there remain issues in the "old" law...

  • Supreme Court Grants Certiorari in Medtronic v. Boston Scientific

    Patent Docs
    22 May 2013 | 8:34 pm
    By Andrew Williams -- On May 20, 2013, the Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case (Supreme Court docket number 12-1128). The sole issue on appeal is encapsulated by the question presented: QUESTION PRESENTED: In Medlmmune, Inc. v. Genentech, Inc., 549 U.S. 118, 137 (2007), this Court ruled that a patent licensee that believes that its products do not infringe the patent and accordingly are not subject to royalty payments is "not required . . . to break or terminate its . . . license agreement before seeking a declaratory judgment in federal…
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    Patent Law Blog (Patently-O)

  • Patent Abuse Reduction Act of 2013 (S.1013)

    Dennis Crouch
    23 May 2013 | 12:37 pm
    By Dennis Crouch If it exists, the patent heat in Congress right now is focused on "curbing abusive patent litigation." A variety of bills have been introduced, including the SHIELD Act that would introduce a one-way fee shifting system that would require losing plaintiffs to pay the attorney fees of successful defendants. H.R. 845. The Bill also requires that the patentee plaintiff (or DJ Defendant) post a bond early in the lawsuit to ensure that the fees will be paid. Under its current structure, the bill is limited to cases where (1) the party asserting the patent is not the original…

  • Sample Civil Procedure II Exam

    Dennis Crouch
    22 May 2013 | 12:17 pm
    In CivPro II (a 2-hour course), we covered civil procedure issues related to class actions, discovery, summary judgment, JML, new trial, appellate jurisdiction, and preclusion. Here is the two-hour exam. – Dennis Dent sued Baker in the United States District Court for the Eastern District of Missouri alleging patent infringement. After receiving the complaint, Baker had his production manager (Morgan) review the product sales history. Morgan delivered an internal memorandum to Baker indicating that Baker sold 10,000 allegedly infringing sunglasses in the past year for a total revenue of…

  • Motiva v. ITC and Nintendo

    Jason Rantanen
    21 May 2013 | 4:18 pm
    By Jason Rantanen Motiva, LLC v. International Trade Commission and Nintendo Co., Ltd. (Fed. Cir. 2013) Download 12-1252.Opinion.5-9-2013.1Panel: Newman, Prost (author), O'Malley In order to bring a section 337 action in the International Trade Commission to prevent the importation of a product that infringes a patent, the plaintiff must establish that a domestic industry exists or is in the process of being established for the articles protected by the patent. Earlier this year, a Federal Circuit panel consisting of Judges Bryson and Mayer held that: section 337 makes relief available to…

  • Guest Post: Monopoly Without Apology

    Dennis Crouch
    21 May 2013 | 11:38 am
    By Shubha Ghosh Without any surprise, even to those who wrote amici in support of the farmer in Bowman v. Monsanto, the Supreme Court ruled in favor of Monsanto last week. During oral arguments in February, the Court made it clear that it would find against Bowman because he had made an unauthorized copy of Monsanto's patented seed. Since oral argument, the focus has been on how the Court would rule in favor of Monsanto. The final ruling, while narrow in its language, is a potentially confusing one. In this post, I write about the implications of Bowman for the future. Towards the end of her…

  • Supreme Court to hear another Case Involving Licensees in Good Standing who Challenge Patent Rights

    Dennis Crouch
    20 May 2013 | 8:40 am
    By Dennis Crouch Medtronic Inc. v. Boston Scientific Corp., Docket No. 12-1128 (Supreme Court 2013) The Supreme Court has granted a writ of certiorari in a license dispute involving giants of the medical device world – Medtronic and Boston Scientific. Medtronic has licensed defibrillator patents owned by Mirowski Family Ventures and now controlled by Boston Scientific as exclusive licensee. U.S. Reissue Patent Nos. RE38,119 and RE39,897. Medtronic's license gives it the right to challenge the patent in court even while still under license. That right to challenge is also supported by the…
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    Patent Prospector

  • Going To Seed

    21 May 2013 | 5:31 pm
    In Bowman v. Monsanto, the Supreme Court creates a glaring exception to patent law as a boon to corporate power. Such plutocratic largesse is the norm, as is ignoring facts to rule by bias, while crafting law from the bench without respect to statute. The abject corruption of the courts in this country continues. Bowman v. Monsanto (SCOTUS 11-796) Justice Kagan (author) of a unanimous opinion The doctrine of patent exhaustion limits a patentee's right to control what others can do with an article embodying or containing an invention. Under the doctrine, "the initial authorized sale of a…

  • Down the Rabbit Hole

    16 May 2013 | 11:17 pm
    Alice, a corporation from Down Under, got a family of system and method patents that broadly claimed computerizing escrow as a way of mitigating settlement risk. CLS got spooked and got a summary declaratory judgment of invalidity via §101 without the judge bothering to construe the claims. In an en banc appeal, the CAFC, in affirmance, displays a profound ignorance of the law with a stunning absence of cogency. CLS v. Alice Corporation (CAFC 2011-1301) en banc Simple legal terminology takes a beating here. The seriatim opinions (a series written by individual judges, as singular…

  • No Benefits

    7 Apr 2013 | 1:11 am
    Steve Morsa filed a patent claiming benefits processing. The PTO rejected over prior art, first arguing anticipation; then, when that deficiency was pointed out, hand-waving obviousness. Morsa made cogent, reasonably undeniable arguments, based on evidence, that the prior art used was not in fact prior art - that it was published nearly two years later. Morsa argued that the supposed prior art wasn't enabling, nor a solid basis for obviousness. The PTO didn't care a whit for any of it. The Board granted a rehearing only to pile on new grounds of rejection, without allowing Morsa any…

  • Means

    4 Apr 2013 | 2:30 pm
    In Saffran v. Johnson & Johnson, the CAFC (2012-1043) satisfied its plutocratic bias, relieving J&J of a pesky infringement by narrowing claim construction from that emanating from esteemed Judge T. John Ward in the Eastern District of Texas. The interesting facet in this case was a reminder that relying upon means-plus-function claim language is always fraught with the danger of inadequate disclosure. "'[a] patentee cannot avoid providing specificity as to structure simply because someone of ordinary skill in the art would be able to devise a means to perform the claimed…

  • Patent Law By Design

    31 Mar 2013 | 3:32 pm
    Tim Owens added a internal (unclaimed) trapazoidal region to his bottle design application. The examiner considered it a substantial change (new subject matter), as did the PTO appeal Board and CAFC. That may seem unremarkable, except it represents a substantial change in the law by PTO fiat, backed by the appeals court. In re Timothy S. Owens et al (CAFC 2012-1261) precedential; Judges Prost (author), Moore, Wallach The test for sufficiency of the written description, which is the same for either a design or a utility patent, has been expressed as "whether the disclosure of the application…
 
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    Dear Rich: Nolo's Intellectual Property Blog

  • Bird Feeder: Patent or Copyright?

    The Dear Rich Staff
    22 May 2013 | 6:00 am
    Dear Rich: I have a design for a bird feeder which hasn't been made by anyone else yet. I want to pitch the idea to a company but don't want them to steal my idea. Is a copyright on the design good enough to stop them, or should I apply for a patent? Copyright won't protect useful objects, so we don't think that would be the best choice (unless you want to stop others from copying your bird feeder's imagery). Instead, consider one of the following methods of protection:Design patents. Inventors use design patents to protect the appearance or design of a functional object. Some…

  • Is Inventor's Lab Subject to Zoning Laws?

    The Dear Rich Staff
    21 May 2013 | 6:00 am
    Dear Rich: I am an inventor who has received two patents and am waiting for a third. My inventions are all electrical and I do my inventing in a separate structure I built on my property. The structure was built to code and I got all the needed permits. Recently, there was an accident in my work area and a small fire occurred. The fire department came but I had already put the fire out with an extinguisher. However, a neighbor wasn't happy when she learned that I use the structure, which is near her home, for electrical experiments and she's claiming that the structure is not zoned for…

  • Bringing in a Musician After the Song is Written

    The Dear Rich Staff
    20 May 2013 | 6:00 am
    Dear Rich: I have many songs that were written/recorded to a drum beat (loop) or with no music. I write the lyrics, arrangement and compose the vocal melody. My understanding of publishing splits is 50% lyrics and 50% music. If I bring in a musician after the fact to help write the music, what is the publishing split since the music was written to my melody and vocal arrangement? A publisher told me the vocal melody is considered part of music composition. Is this true? Some musicians/composers often ask for 25% publishing since the song was written when they got involved and some want 50%.

  • Can I File Foreign Patent Application in English?

    The Dear Rich Staff
    17 May 2013 | 6:00 am
    Dear Rich: I want to file for foreign patent rights using a PCT application. I'm planning on applying in a few countries. Can I file in English?  Some of our readers may not know that a PCT filing refers to a procedure administered under The Patent Cooperation Treaty. Using the PCT process, you can file a patent application in the U.S. and then file a single “international application” (the “PCT application”) with the PCT Department of the USPTO that establishes a filing date for all member countries. This filing does not result in a universal PCT patent; the inventor must…

  • Doesn't Like His Patent Examiner

    The Dear Rich Staff
    16 May 2013 | 6:00 am
    Dear Rich: I'm having a hard time with a patent examiner. I've tried to be reasonable but it seems like the examiner is just rejecting various claims because he can. What do I do if I'm stuck with a bum examiner? Most applicants or their attorneys bite the bullet and try to deal with the examiner as best they can. You can find advice on responding to unfavorable office actions in David Pressman's Patent It Yourself(Whatever you do, you don't fire off angry missives about the examiner's mental state because those can quickly go viral in the patent world.) If you get a final…
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    Latest Patents

  • Amazon patent applications published on 23 May 2013

    Administrator
    23 May 2013 | 8:59 am
    1 US patent application published on 23 May 2013 and assigned to Amazon 1 20130132577 AUTHORIZING COMMUNICATIONS BETWEEN COMPUTING NODES

  • Apple patent applications published on 23 May 2013

    Administrator
    23 May 2013 | 8:59 am
    34 US patent applications published on 23 May 2013 and assigned to Apple 1 20130133047 INTERWORKJNG BETWEEN FIRSTAND SECOND AUTHENTICATION DOMAINS 2 20130132934 APPLICATON INTERFACE ON MULTIPLE PROCESSORS 3 20130132848 APPLICATION INTERACTION VIA MULTIPLE USER INTERFACES 4 20130132781 Program Counter (PC) Trace 5 20130132699 METHOD FOR TRACKING MEMORY USAGES OF A DATA PROCESSING SYSTEM 6 20130132653 DATA PARTITIONING SCHEME FOR NON-VOLATILE MEMORIES 7 20130132502 SELECTION OF SYNCHRONIZATION STATIONS IN A PEER-TO-PEER NETWORK ENVIRONMENT 8 20130132501 SYNCHRONIZATION OF DEVICES IN A…

  • Canon patent applications published on 23 May 2013

    Administrator
    23 May 2013 | 8:58 am
    76 US patent applications published on 23 May 2013 and assigned to Canon 1 20130133080 LICENSE MANAGEMENT SYSTEM AND METHOD 2 20130132935 IMAGE FORMING APPARATUS CAPABLE OF UPDATING CONTROL PROGRAM, AND STORAGE MEDIUM 3 20130132829 DOCUMENT GENERATION APPARATUS, METHOD, AND STORAGE MEDIUM 4 20130132758 HUB DEVICE AND SYSTEM USING THE SAME 5 20130132747 INFORMATION PROCESSING APPARATUS WITH POWER CONTROL UNIT, CONTROL METHOD THEREFOR, AND STORAGE MEDIUM STORING CONTROL PROGRAM THEREFOR 6 20130132716 DATA COMMUNICATION APPARATUS, CONTROL METHOD THEREFOR, AND STORAGE MEDIUM STORING CONTROL…

  • eBay patent applications published on 23 May 2013

    Administrator
    23 May 2013 | 8:58 am
    2 US patent applications published on 23 May 2013 and assigned to eBay 1 20130132824 SYSTEM AND METHOD FOR CONTEXT AND COMMUNITY BASED CUSTOMIZATION FOR A USER EXPERIENCE 2 20130132226 CLICK MODELING FOR ECOMMERCE

  • Fujitsu patent applications published on 23 May 2013

    Administrator
    23 May 2013 | 8:57 am
    33 US patent applications published on 23 May 2013 and assigned to Fujitsu 1 20130133083 MEDIATION PROCESSING METHOD, MEDIATION APPARATUS AND SYSTEM 2 20130132970 MULTITHREAD PROCESSING DEVICE, MULTITHREAD PROCESSING SYSTEM, AND COMPUTER-READABLE RECORDING MEDIUM HAVING STORED THEREIN MULTITHREAD PROCESSING PROGRAM 3 20130132921 COMPUTER PRODUCT, CIRCUIT DESIGN METHOD AND APPARATUS 4 20130132775 DIAGNOSTIC MODULE DELIVERY DEVICE, DIAGNOSTIC MODULE DELIVERY METHOD, AND RECORDING MEDIUM 5 20130132708 MULTI-CORE PROCESSOR SYSTEM, COMPUTER PRODUCT, AND CONTROL METHOD 6 20130132692 STORAGE DEVICES…
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    FreshPatents.com: Image analysis - USPTO Class 382 Patent Applications Update

  • Event detection apparatus and event detection method

    20 May 2013 | 1:39 pm
    An event detection apparatus includes an input unit configured to input a plurality of time-sequential images, a first extraction unit configured to extract sets of first image samples according to respective different sample scales from a first time range of the plurality of time-sequential images based on a first scale...

  • Seam carving using seam energy re-computation in seam neighborhood

    20 May 2013 | 1:39 pm
    Systems, methods, and computer-readable storage media for resizing images using seam carving techniques are disclosed. The methods may facilitate efficient re-computation of the energy of an image between seam carving iterations in a resizing operation by re-computing only the energy of pixels and/or seams in the neighborhood of removed and/or...

  • Computing 3d shape parameters for face animation

    20 May 2013 | 1:39 pm
    A three-dimensional shape parameter computation system and method for computing three-dimensional human head shape parameters from two-dimensional facial feature points. A series of images containing a user's face is captured. Embodiments of the system and method deduce the 3D parameters of the user's head by examining a series of captured...

  • Resolution conversion upon hierarchical coding and decoding

    20 May 2013 | 1:39 pm
    In a decoding method of decoding encoded image data which has been hierarchically encoded in advance, a size of an image to be outputted is determined, and then the encoded image data is decoded up to a layer of hierarchy which is at least one layer more than a minimum...

  • Detection device and method for transition area in space

    20 May 2013 | 1:39 pm
    Provided is a transition area detection device capable of detecting, with high precision, a transition area in a space without using a positioning sensor. The transition area detection device has a corresponding point search-use feature point selection unit for selecting feature points used for determining a reference image from among...
 
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    Florida IP

  • Patent Obtained During Marriage Is Marital Asset in Florida

    Woodrow Pollack
    7 May 2013 | 10:55 am
    James Taylor (I believe no relation to the singer) was awarded U.S. Patent No. 5,806,566 in 1998.  At the same time, he was married to Mary Taylor.   In 2011, the Taylors obtained a final judgment of dissolution of their marriage.  The divorce settlement subjected the Taylors' marital assets to equitable distribution, and specified that a percentage of proceeds from the patents were to be divided 60% to Ms. Taylor with 40% to Mr. Taylor. A year later, Mr. Taylor sued Taylor Made Plastics, Inc. for patent infringement.  Taylor Made sought dismissal, arguing that Mr. Taylor…

  • Trademark Statute of Limitations - Governed by Laches

    Woodrow Pollack
    24 Apr 2013 | 4:27 am
    Roca Labs has sued Boogie Media, LLC and Slava Krasnov for unfair competition, cybersquatting, and trademark infringement concerning the trademarks NATURLA GASTRIC BYPASS, GASTRIC BYPASS NO SURGERY, ROCA LABS, and Gastric Bypass EffectTM.  Roca was able to serve the corporate defendant, but has not yet served the individual. According to Fed. R. Civ. P. 4(m), a plaintiff is given 120 days to serve a defendant, lest the Court dismiss the claim without prejudice (or direct service be made within a certain time period).  Here, the 120 period expired on January 31, 2013.  Two…

  • Back to State Court, Brother

    Woodrow Pollack
    4 Apr 2013 | 7:54 am
    Hulk Hogan (a/k/a Terry Bollea) sued a local radio host (you may have heard of him -- Bubba the Love Sponge) and his ex-wife in state court for releasing a vide of Hogan having sex with Bubba's ex-wife.  Hogan amended his complaint, dropping the radio host, and adding Gawker.  Gawker removed the case to federal court, under the guise that: (1) the radio host's ex-wife was fraudulently joined in the suit; and (2) the suit arose under the Copyright Act. Fraudulent Joinder Diversity juridiction requires a disputed amount exceeding $75k and parties being citizens of different states.

  • Hide & Seek Safari - Florida's Long Arm Statute

    Woodrow Pollack
    3 Apr 2013 | 2:00 am
    R&R Games makes a children's game called Hide & Seek Safari.  R&R owns the federal trademark registration for HIDE & SEEK SAFARI.  R&R has discovered a number of "Safari Hide & Seek" and "Hide & Seek Safari" puzzle games online.  R&R has thus sued a number of defendants for trademark infringement and conspiracy to commit trademark infringement.  R&R sued a number of defendants for this action as per below: Smart - Corporate defendant - principal place of business in Belgium. Vandoren - CEO of Smart, lives in Belgium, has not…

  • First-to-file rule is alive and well

    Woodrow Pollack
    1 Apr 2013 | 5:57 pm
    AAMP of Florida owns U.S. Patent 8,014,540 entitled "Remote Control Interface For Replacement Vehicle Stereos."  AAMP is currently asserting the '540 Patent (and another) against Metra Electronics Corporation here in the Middle District.  AAMP sent a cease and desist letter to another company -- Crux Interfacing Solutions -- located in California.  The risk of doing so, of course, is that the California company will respond to the letter by filing its own lawsuit for a declaratory judgment of noninfringement/invalidity in its jurisdiction.  That's exactly what happened…
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    Patexia Rss Feed

  • Vermont fighting back against "Patent Trolls"

    24 May 2013 | 5:06 pm
    Vermont just passed an interesting law to deal with the patent trolling. "Under the law, purported patent trolls can be sued by businesses that say they've been victimized, their customers or the state attorney general. Defendants who lose could be forced to pay all the victims' legal fees and damages of up to $150,000." Patent trolls law passes in Vermont - May. 24, 2013 Patent-rich Vermont is the first state to pass a law cracking down on bad-faith claims of patent...

  • "Thrombosis" contest online

    17 May 2013 | 2:44 pm
    The latest contest is a search for licensing opportunities for a stent technology to reduce complications associated with stent thrombosis--or blood clots in a blood vessel--after coronary surgery. Can you find a commercial use of magnesium to prevent stent thrombosis? Enter the contest!

  • Patent Monetization Webinar

    16 May 2013 | 10:51 am
    Learn about Patent Monetization Strategies (how to get the most out of your patents) from Peter Kim, Principal at Irvine Pointe and former Director of IP Strategy at Rabmus, in the next Patexia IP Matters webinar. The webinar will take place on June 13th at 1:30PM ET (10:30AM PT) and will last twenty minutes. This is a rare opportunity to learn about these issues from a former insider at a top IP licensing company.  Especially for free! The event is invite only, you can register...

  • Invitation to submit your application for the policy-making 2.0 prize

    10 May 2013 | 6:01 am
      Dear all The Crossover project, together with UNDP CIS, the Democratic Society and Euractiv, is organising the first "Policy-Making 2.0" prize. It goal is to raise awareness and consolidate the community about a new set of tools to support policy making, such as as open and big data, visualisation, opinion mining, collaborative governance, modeling and simulation, serious gaming.   We think that your application would be a great candidate for the prize, and we...

  • Registration for Patent Types Webinar Closes Soon

    7 May 2013 | 4:12 pm
    If you want to see the patent types webinar on May 9th, make sure you register by Thursday. The webinar will cover the parts and types of patents. It will be given by Daniel Porter, case research manager here at Patexia, will start at 1:30 PM ET, and will last 20 minutes. Looking forward to seeing you there. Patents and Patent Types | Patexia.com Patents and Patent Types
 
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