Patents

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  • Ford Files Patent That Could Start Cars With Fingerprints

    Patexia Rss Feed
    1 Oct 2014 | 8:50 am
    Ford Files High-Tech Patent That Could Eliminate Keys & Start Cars With Fingerprints No one likes passwords. We keep jumbles of them in our head -- usually two or three standards, plus a string of variations to suit the whims of allegedly "safer" websites with 12-character-minimums. We can get chastised, locked out, or all-together blocked while trying to remember the particular email/password combo we used for a long-ago signup.  
  • Supreme Court Preview -- Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. -- The End of Cybor Corp.?

    Patent Docs
    Patent Docs
    29 Sep 2014 | 9:42 pm
    By Andrew Williams -- The Supreme Court will begin its 2014-2015 term next Monday. Last year, the Court heard a record number of patent law cases, at least for recent history. Nevertheless, it is scheduled to hear another one on October 15. Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. will address whether appellate courts should afford any deference to a trial court's claim construction determination. This issue stems from the holding of the Supreme Court's 1996 Markman decision, although the Court did not address the standard of review in that decision. And even though the Teva case is…
  • Big US tech companies face major patent losses in the post-Alice world, IAM research reveals

    Patexia Rss Feed
    30 Sep 2014 | 12:05 pm
    49% of IBM's patents may be affected by Alice's decision IAM - Mobile The potentially catastrophic effects of the Alice v CLS Supreme Court decision on the patent holdings of the US’s biggest technology companies are laid bare by the IAM blog today. Research undertaken by IP data company ktMINE on behalf of ...
  • Crowdfunding, Escape Media, DUI: Intellectual Property - Bloomberg

    IP Newsflash - intellectual property news within the last 24 hours
    1 Oct 2014 | 12:00 am
    found 5 h ago on news.google.com
  • IQPC’s upcoming Global Patent Strategies Summit

    Patent Baristas
    Stephen Jenei
    30 Sep 2014 | 9:09 am
    EXCLUSIVE PAST SPEAKER PRESENTATIONS Global Patent Strategies Summit December 3-5 · San Jose, CA www.GlobalPatentSummit.com You may feel a bit like you’re grasping at straws in order to keep up with the ever-changing world of patent law. You’re not alone. IQPC’s upcoming Global Patent Strategies Summit will be your opportunity to learn from fellow patent experts who recognize the most important issues at play in the industry today. Join us December 3rd-5th in San Jose, CA to participate in the interactive forum. But first, take a look at the below presentations from speakers at…
 
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    Techrights

  • Links 1/10/2014: OPNFV Goes Public, PDF Reader Pullout

    Dr. Roy Schestowitz
    1 Oct 2014 | 2:10 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux About Linux Weekly News – 29th September 2014 Open source bullies hurt the Linux cause Sometimes people can be downright rude and nasty, for little or no reason. In the world of open source this kind of behavior can have the unfortunate effect of driving away new Linux users who are attacked in online forums for asking basic questions. Foss Force has some examples of open source bullies. What Linux User Groups Can Do for FOSS On a monthly basis — on the last Saturday each month — members…
  • Links 29/9/2014: OpenDaylight Helium Release

    Dr. Roy Schestowitz
    29 Sep 2014 | 4:45 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Secure Linux Systems Require Savvy Users Patches are available to fix the bash vulnerability known as Shellshock, along with three additional security issues recently found in the bash shell. The patches are available for all major Linux distros as well as for Solaris, with the patches being distributed through the various distros. DDOS Attack Brings Tux Machines Down Since sometime last week the popular Linux site Tux Machines has been under an apparent distributed denial-of-service (DDOS) attack.
  • European Patent Office Disorganisation: Problems With the Audit Mechanisms – Part IV

    Dr. Roy Schestowitz
    29 Sep 2014 | 1:07 pm
    Image from jutarnji.hr Summary: A prelude to a long article about a thug called Topić (above), his controversial Battistelli-sponsored appointment, and the removal of auditory functions by Battistelli A WEEK ago, in our third part of this increasingly long series (we receive more leaks all the time), we wrote about Battistelli, having already demonstrated to some degree that appointments at the EPO are made based on neoptism, regulatory controls get abolished (by the alleged abusers), wages are grossly inflated, and scope of patents has gone bat**** crazy, worse than that of the US in some…
  • More Good News About Demise of Software Patents and Along With Them, Consequently, Patent Trolls

    Dr. Roy Schestowitz
    29 Sep 2014 | 12:46 pm
    Summary: A weekly roundup of news about patents in the United States and elsewhere, with special focus on software patents Free/libre software has much less to worry about now that software patents are getting weaker if not fewer, too. There are changes that affect not only software patents but patents as a whole. In the US, for example, patents on genes/genetics were ruled illegal not too long ago. Here is an explanation of why Australia might soon follow suit. Titled “Australian Court Disagrees With US: Claim Genes Are Totally Patentable”, the article reminds us that “Last…
  • IRC Proceedings: June 22nd, 2014 – September 13th, 2014

    Dr. Roy Schestowitz
    29 Sep 2014 | 5:45 am
    IRC Proceedings: June 22nd – June 28th, 2014 #techrights log #boycottnovell log #boycottnovell-social log #techbytes log IRC Proceedings: June 29th – July 4th, 2014 #techrights log #boycottnovell log #boycottnovell-social log #techbytes log IRC Proceedings: July 5th – July 12th, 2014 #techrights log #boycottnovell log #boycottnovell-social log #techbytes log IRC Proceedings: July 13th – July 19th, 2014 #techrights log #boycottnovell log #boycottnovell-social log #techbytes log IRC Proceedings: July 20th – July 26th, 2014 #techrights log #boycottnovell log…
 
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    The IPKat

  • The IPKat and his friends: time for an update

    30 Sep 2014 | 4:01 pm
    Every three months, the IPKat and Merpel give an update of the goings-on both on this weblog and on other IP-flavoured blogs to which members of this blog team also contribute.  This time round, the Kats welcome a large contingent of newly-enrolled postgraduate and undergraduate students of intellectual property law, as well as trainee attorneys and solicitors who may be experiencing it for the first time. In welcoming you, we hope that you will gain a well-based appreciation of intellectual property and the laws that affect it. We also hope that this appreciation will embrace both the…
  • That IPEC book: a review

    30 Sep 2014 | 1:48 pm
    This review of Intellectual Property Enterprise Court: Practice and Procedure is brought to you by Katfriend, fellow blogger and IP enthusiast Kingsley Egbuonu, who tweets at @KingsleyEgbuonu.Kngsley first became fascinated by this court's predecessor, the Patents County Court (PCC), in 2011 when he assisted a private individual facing a copyright claim (the book reviewed here would have been useful to him back then: you can read his cry for help here).  Then, in 2013, he spent half a year researching into the effects of the Jackson Review of Civil Litigation Costs on…
  • Trademark Infringement Plaintiff Sees Red (Gold), Defendants Claim Genericness

    30 Sep 2014 | 12:20 pm
    Compatriot, fellow member of the New York Bar, and, last but not least, former Kat, Laetitia Lagarde kindly pointed out to me this very interesting case. Thank you very much Laetitia, as, thanks to you, I keep building my case to be exclusively known as the “Bling Kat”!Indeed, we are back in the glamorous world of jewelry and trade marks. In this case, Plaintiff Solid 21 owns the registered trade mark RED GOLD® for, inter alia, fine jewelry and watches “made out of a special alloying of gold with a distinct color.” Plaintiff has used this trade mark in commerce in connection…
  • The Great British Vanishing Act Part 2: where has home-grown patent filing gone?

    30 Sep 2014 | 11:29 am
    Last month, in "The Great British Vanishing Act: where has home-grown patent filing gone?", Peter Arrowsmith (partner in London-based patent attorneys Cleveland) opened what turned out to be a lively debate as to whether current statistical trends are describing the end of the British inventor or can be explained by other, less depressing reasons.  In the post below, Peter responds to some of the hypotheses that have been offered for an apparent decline in UK patent filings by UK applicants that does not seem to be reflected by filing figures for some of the UK's closest trading…
  • A new website for UK IPO, and an event to explain everything

    30 Sep 2014 | 4:52 am
    With autumn already among us, it is time for a general season makeover. While embracing the new beauty trends, you may also want to embrace the idea that, starting 6 October, the UK Intellectual Property Office (IPO) will have a new website.First launched in the same year when Blur released Song 2 and Tony Blair became the youngest Prime Minister since Lord Liverpool in 1812, the IPO website has seen many changes over the years and has become an invaluable resource for all those working in or just interested in UK IP.To help its customers with the…
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    Patent Baristas

  • USPTO Report on Virtual Marking

    Stephen Jenei
    1 Oct 2014 | 7:05 am
    Congress directed the USPTO to submit a report on virtual marking after enactment of the AIA. The AIA made many changes to United States patent law, including an amendment to 35 U.S.C. § 287(a), the so-called “marking” statute. The purpose of marking an article is to provide constructive notice to the public that the article is patented. Failure to appropriately mark an article can preclude the recovery of damages for infringement until effective notice is given. In the AIA, Congress intended to modernize and update the statute. Prior to the AIA, the marking statute required patented…
  • FDA Warning Letters Expected to Increase in 2015

    Stephen Jenei
    30 Sep 2014 | 11:17 am
    Did you know that the number of FDA warning letters issued increased substantially by 78% from 2007 to 2013? One of the industries that accounted for the highest number of warning letters was Pharmaceutical/Biotechnology. Sparta Systems recently released an infographic that provided an analysis of FDA warning letter trends since 2007, and also gave their predictions for 2015. Here’s how these trends might affect the Pharmaceutical/Biotechnology industry. Related posts: FDA Panel Decides that Foradil Needs Warning Label FDA Bans Import of Generic Drugs From Two Ranbaxy Plants Are any…
  • IQPC’s upcoming Global Patent Strategies Summit

    Stephen Jenei
    30 Sep 2014 | 9:09 am
    EXCLUSIVE PAST SPEAKER PRESENTATIONS Global Patent Strategies Summit December 3-5 · San Jose, CA www.GlobalPatentSummit.com You may feel a bit like you’re grasping at straws in order to keep up with the ever-changing world of patent law. You’re not alone. IQPC’s upcoming Global Patent Strategies Summit will be your opportunity to learn from fellow patent experts who recognize the most important issues at play in the industry today. Join us December 3rd-5th in San Jose, CA to participate in the interactive forum. But first, take a look at the below presentations from speakers at…
  • Proposed IP Matter Management Invention Disclosure Scheme

    Stephen Jenei
    16 Sep 2014 | 1:50 pm
    I recently received a note form an in-house counsel asking for feedback on a proposed standard for invention disclosures.  This is an offshoot of LEDES (www.ledes.org) by representatives from universities, law firms, companies, and software vendors. The intent is to provide an open standard for transferring invention data, typically from inventors to their patent attorneys. The LEDES Intellectual Property Matter Management (IPMM) subcommittee has presented to the LOC membership a working draft of an invention disclosure schema standard and now seeks public feedback.  The IPMM subcommittee…
  • Grapefruit Juice and Gunpowder:  Practicing Under The New USPTO Guidance

    Stephen Jenei
    19 May 2014 | 1:34 pm
    Last chance to register for a free webinar is available on the new US Patent & Trademark Office Guidelines. When:                 This Wednesday, May 21st from 1pm – 2pm EDT. Presented by:   Dr. Anthony Sabatelli, Partner at Dilworth IP.  On March 4th the US Patent and Trademark Office issued guidelines to its examining corps for assessing patent eligible subject matter under 35 USC §101. The guidelines were issued in light of the Supreme Court’s decisions in Myriad, Prometheus, and related cases. See, “Guidance For Determining Subject Matter Eligibility Of Claims…
 
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    Patent Docs

  • PTAB Update -- A Review of the First Round of Comments -- Part 2

    Patent Docs
    1 Oct 2014 | 9:18 pm
    By Andrew Williams -- As we have previously reported, the USPTO has been seeking feedback on the PTAB trial proceedings established by the Leahy-Smith America Invents Act. A Federal Register notice from June 27, 2014, contained a "Request for Comments on Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board." The deadline for submission was extended until October 16, 2014. Nevertheless, eleven comments were filed by the original deadline. These can roughly be divided up into three categories: (1) companies, (2) individuals, and (3) intellectual property…
  • USPTO Outlines Changes to Myriad-Mayo Guidance at BIO Symposium

    Patent Docs
    30 Sep 2014 | 9:59 pm
    By Donald Zuhn -- Last Friday, at the Biotechnology Industry Organization (BIO) IP & Diagnostics Symposium in Alexandria, VA, the U.S. Patent and Trademark Office provided additional information regarding changes that the Office plans to make to its controversial Myriad-Mayo Guidance. The Myriad-Mayo Guidance, which was issued on March 4, implemented a new procedure for determining the subject matter eligibility of claims under 35 U.S.C. § 101 in view of the Supreme Court's decisions in Association for Molecular Pathology v. Myriad Genetics, Inc. (2013), and Mayo Collaborative Services…
  • Supreme Court Preview -- Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. -- The End of Cybor Corp.?

    Patent Docs
    29 Sep 2014 | 9:42 pm
    By Andrew Williams -- The Supreme Court will begin its 2014-2015 term next Monday. Last year, the Court heard a record number of patent law cases, at least for recent history. Nevertheless, it is scheduled to hear another one on October 15. Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. will address whether appellate courts should afford any deference to a trial court's claim construction determination. This issue stems from the holding of the Supreme Court's 1996 Markman decision, although the Court did not address the standard of review in that decision. And even though the Teva case is…
  • Court Report

    Patent Docs
    28 Sep 2014 | 9:59 pm
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cadence Pharmaceuticals Inc. et al. v. InnoPharma Licensing LLC et al. 1:14-cv-01225; filed September 24, 2014 in the District Court of Delaware • Plaintiffs: Cadence Pharmaceuticals Inc.; SCR Pharmatop; Mallinckrodt IP • Defendants: InnoPharma Licensing LLC; InnoPharma Inc. Infringement of U.S. Patent Nos. 6,028,222 ("Stable Liquid Paracetamol Compositions, and Method for Preparing the Same," issued February 22, 2000) and 6,992,218 ("Method for Obtaining Aqueous…
  • Conference & CLE Calendar

    Patent Docs
    28 Sep 2014 | 9:51 pm
    September 30, 2014 - 2014 Intellectual Property Continuing Legal Education Seminar (DuPont and Widener University School of Law) - Wilmington, DE September 30, 2014 - First Inventor to File America Invents Act Roadshow (U.S. Patent and Trademark Office) - Dallas, TX September 30 - October 1, 2014 - Paragraph IV Disputes Master Symposium (American Conference Institute) - Chicago, IL October 2, 2014 - "USPTO Guidance for Determining Subject Matter Eligibility In View of U.S. Supreme Court's Mayo and Myriad Decisions" (McDonnell Boehnen Hulbert & Berghoff LLP) - 10:00 to 11:15 am (CT)…
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    Patently-O » Patent

  • Would you like 10,000 Cloems with that Patent?

    Dennis Crouch
    1 Oct 2014 | 3:07 pm
    by Dennis Crouch Although you might be the first-to-file a patent application covering a particular new innovation, certain market areas are so competitive that you should expect follow-on patents from competitors that take the original idea and push it in other similar-but-different directions.  Those follow-on patents won’t block you from practicing your core invention, but they may well block you from implementing practical and important elements of a market-ready solution. One potential partial solution to this problem is being offered by a new company out of Canes, France.
  • Upcoming Events

    Dennis Crouch
    1 Oct 2014 | 10:00 am
    I’m looking forward to a few upcoming events for patent law professionals: HOUSTON: On the evening of November 5, 2014, I will be delivering the University of Houston’s IP IL Annual Fall Lecture at the Four Seasons Hotel in Houston (Sponsored by the Katz Foundation). My talk will be on incentives (current and future) for patent clarity. [LINK]. Thank you to the University of Houston Law Center for hosting this event. AUSTIN: November 6-7, 2014, I will be down in Austin Texas participating in the annual Advanced Patent Law Institute with a talk titled Evidence Based Patent Law: Trends and…
  • USPTO Breaks New Ground with 300,000 Patents Issued This Fiscal Year

    Dennis Crouch
    30 Sep 2014 | 12:53 pm
      Fiscal Year 2014 has just ended for the Federal Government and – as expected – we have a new record number of US patent grants. For the first time, the USPTO has issued more than 300,000 utility patents in one fiscal year. Don’t worry, there remain more than 1,000,000 applications pending in the pipeline and more than 25,000 appeals remain pending before the Patent Trial and Appeal Board. During the fiscal year, the 8,300 patent examiners ‘disposed of’ more than 600,000 cases which in some circles will be calculated as an allowance rate of about 50%.*…
  • Doctrine of Equivalents: What Elements Are you Narrowing?

    Dennis Crouch
    30 Sep 2014 | 11:54 am
    Millipore v. AllPure (Fed. Cir. 2014) Patent cases are incredibly expensive to litigate.  However, in a series of recent cases courts have appeared more willing to dismiss cases on summary judgment or even on the pleadings.  This case follows that trend with a holding that the defendant does not infringe the asserted patent claims — neither directly nor under the doctrine of equivalents.  In a prior generation patentees could typically get to a jury with an allegation of infringement doctrine of equivalents. However, the court has simultaneously tightened the rules for DOE…
  • Patenting Software in the US as compared with Europe

    Dennis Crouch
    29 Sep 2014 | 4:27 pm
    Guest post by Shubha Ghosh and Erika Ellyne This post compares and contrasts the United States approach to patentable subject after last term’s Alice v CLS decision, with that in the European Union. The bottom line is that the EU may be now more favorable to software claims than the US. In its 2014 Alice decision, the US Supreme Court makes clear that a two step test applies to determination of when an invention is patentable subject matter. First, the reviewer of the patent, whether patent examiner or judge, must determine if the patent covers an excluded area from patenting, such as an…
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    The Invent Blog

  • USPTO First To File Roadshows

    stevenipper
    23 Sep 2014 | 8:03 am
    Via this USPTO webpage: The USPTO will be hosting seven half-day roadshows across the country during September-October 2014 to increase the understanding of the First Inventor to File (FITF) provisions of the America Invents Act (AIA). In prosecuting patent applications according to the FITF provisions since March 16, 2013, the USPTO has recognized some complications in the administrative processes as well as a need for a better understanding of the FITF provisions. A link to the information, including contact information and the agenda, can be accessed here:…
  • Adobe Acrobat Tips for Patent and Trademark Practitioners

    stevenipper
    22 Sep 2014 | 8:40 am
    Here are some helpful posts for patent and trademark practitioners on the use of Adobe Acrobat: Acrobat for Legal Professionals Blog (ALPB) on Converting Color PDFs to Greyscale or Black and White. ALPB on Converting Color PDF to Greyscale PDF (An Update). ALPB on Acrobat 8: New Examine Document Feature. ALPB on Creating Email Portfolios for Small Electronic Data Discovery Productions. ALPB on Preventing Edits to Bates Numbers . . . now with an Action!. ALPB on Preventing Edits to Bates Numbers applied in Acrobat. ALPB on Can I change the number of digits when I Bates Number?. ALPB on Bates…
  • Free/Low Cost IP Statute Supplements

    stevenipper
    12 Sep 2014 | 9:58 am
    It used to be that almost every intellectual property attorney would personally have a printed copy of all of the U.S. patent, trademark and copyright statutes sitting on their desk. Every year, a new edition would be bought to replace the old edition… These compilations are not inexpensive. For instance, a softbound copy of “Federal Intellectual Property Laws and Regulations, 2014 ed.” by Thomson West will set you back $269. Then came the Internet, and the ability to access electronic copies of the statutes online. Many practitioners opted to stop purchasing printed copies…
  • The use of “characterized in that” in claims filed in the United States

    stevenipper
    10 Sep 2014 | 8:27 am
    PCT Rule 6.3(b) states that: Whenever appropriate, claims shall contain: (i) a statement indicating those technical features of the invention which are necessary for the definition of the claimed subject matter but which, in combination, are part of the prior art, [and] (ii) a characterizing portion-preceded by the words “characterized in that,” “characterized by,” “wherein the improvement comprises,” or any other words to the same effect-stating concisely the technical features which, in combination with the features stated under (i), it is desired to…
  • Upcoming USPTO Webinar: “Patent Litigation Tool Kit”

    stevenipper
    4 Sep 2014 | 7:03 am
    The USPTO has announced a new webinar entitled the “PATENT LITIGATION ONLINE TOOL KIT”: Main street business owners and consumers have received letters accusing them of using a patented invention, along with demands for money to settle the dispute. The USPTO will be hosting a webinar discussing the Patent Litigation Online Tool Kit (please see the attached flyer). The litigation tool kit answers common questions about patent litigation such as: What are my options for responding to the suit? How can I tell whether or not I’m infringing? How do I find a lawyer? How can I…
 
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    Patent Prospector

  • Unobtrusive Manner

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

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

    27 Aug 2014 | 5:01 am
    Planet Bingo got patents for a computer managing a game of bingo, starting with parent 6,398,646. It assertion against VKGS lasted only until summary judgment, where all claims were found patent ineligible under § 101. Like Alice and Bilski, there is no bingo no more for patents claiming to "organize human activity." The courts consider that too abstract. Speaking of abstraction, try this on for gibberish: "Abstract ideas may still be patent-eligible if they contain an "'inventive concept' sufficient to 'transform' the claimed abstract idea into a patent-eligible application."" Sounds like…
  • Inequitable Conduct

    16 Aug 2014 | 11:38 pm
    The district court and CAFC found Dr. Bernard Charles Sherman, founder and chairman of Apotex, guilty of inequitable conduct in his patenting of an antihypertensive claimed in 6,767,556. "Dr. Sherman breached his duty of candor, good faith, and honesty before the PTO." Typical CEO behavior, especially in the big leagues. But then, Dr. Sherman was just another crooked player in a very crooked game. Abusing the law is bread-and-butter business for Federal judges, particularly when patents are asserted by small fry against corporate giants.
  • Collaborative Filtering

    16 Aug 2014 | 11:26 pm
    I/P engine sued Google, Target, and Gannett (a media conglomerate) over 6,314,420 & continuation 6,775,664. Judge and jury at district court found the patents infringed, and neither anticipated nor obvious. As these were major U.S. corporations, there was no way that those decisions would be upheld on appeal. Sure enough. The CAFC panel majority agreed with Google that "as a matter of law [the claimed invention] simply combines content-based and collaborative filtering, two information filtering methods that were well-known in the art." To rub it in the noses of unreasonable citizens who…
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    Dear Rich: Nolo's Intellectual Property Blog

  • Can a Translation Be Made From a Translation?

    The Dear Rich Staff
    1 Oct 2014 | 6:00 am
    Dear Rich: I am working on a book translation project. The book was written in one language and then translated into a second language (English). Now, a company wants to translate the book from English into a third language. Does the primary rights holder have the right to weigh in on this aspect of using their material -- that is, can they yes or no to use of their material based on which language translation is used to get their material into the third language? If yes, what is that right called? Does the subsidiary rights holder to the English translation have a say? What rights would they…
  • Can We Use Illustration for Cover of Book?

    The Dear Rich Staff
    30 Sep 2014 | 6:00 am
    Dear Rich: I run a non-profit educational website called Simply Charly that explores history's greatest movers and shakers. And we're planning to publish a series of books using many of the illustrations we own on the covers of the books. I was wondering if we'll run into some copyright issues using our own illustrations. You need to look at the paperwork associated with the acquisition of the images. As a general rule, if you: (1) employed the artist who created the covers, (2) hired the artist and had him or her sign a work made for hire agreement, or (3) paid the artist and…
  • Student "Help" Site Pilfered My Exam Question

    The Dear Rich Staff
    29 Sep 2014 | 6:13 am
    Dear Rich: I'm a college professor in the sciences, and over the years I've written a number of questions to assign to students in my various classes. Some of them I'll re-use in subsequent years. Last night I stumbled across one via Google on a site called chegg.com, a site that exists in part to provide answers to students posting questions. When I contacted them asking them to take down that question, the rep I spoke with conferred with others there and told me that they couldn't, and that the situation was effectively no different than if a student had posted a question directly from a…
  • Getty and Watermarks

    The Dear Rich Staff
    25 Sep 2014 | 6:00 am
    Dear Rich: I have completed a "rough cut" of my documentary. I have hundreds of photos, some claimed by Getty. If I use a similar photo without Getty's watermark can they still legally claim rights? If Getty owns rights to the photos used in your documentary, then you'll need to pay for a license regardless of whether the watermark is visible. By the way, removing digital watermarks, copyright notices or other copyright rights management may be a separate violation of copyright law.Although Getty has adopted a "sharing" approach to use of its photos online, it's unlikely that…
  • Can I Replicate Bar From TV Show?

    The Dear Rich Staff
    22 Sep 2014 | 6:00 am
    Dear Rich: My business partner and I are interested in starting a replica bar based on a location from a popular TV show (no, not Cheers). I can't find any evidence that the bar name in question is trademarked, though the name of the original show certainly is. Regardless, I'm guessing the characters and settings are all covered by copyright. Still I wonder if there is any way we can use the name from the show without violating copyright? If we were to model the bar's design/decor after the location from the show, would that violate copyright?  If you are pursued by the TV show's owners,…
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    Latest Patents

  • Amazon patents granted on 30 September 2014

    Administrator
    30 Sep 2014 | 6:11 pm
    22 US patents granted on 30 September 2014 and assigned to Amazon 1 8,850,419 Descaling computing resources 2 8,850,362 Multi-layered hierarchical browsing 3 8,850,329 Tagged browsing history interface 4 8,850,308 Automated determination of website structure 5 8,850,288 Throughput-sensitive redundancy encoding schemes for data storage 6 8,850,263 Streaming and sampling in real-time log analysis 7 8,850,185 Post attack man-in-the-middle detection 8 8,850,002 One-to many stateless load balancing 9 8,849,995 Managing host computing devices 10 8,849,945 Annotating content with interactive objects…
  • Apple patents granted on 30 September 2014

    Administrator
    30 Sep 2014 | 6:10 pm
    34 US patents granted on 30 September 2014 and assigned to Apple 1 D714,294 Housing plate 2 8,850,572 Methods for handling a file associated with a program in a restricted program environment 3 8,850,317 Web browser audio controls 4 8,850,206 Client-server system with security for untrusted server 5 8,850,162 Macroscalar vector prefetch with streaming access detection 6 8,850,160 Adaptive write behavior for a system having non-volatile memory 7 8,850,151 Hybrid-device storage based on environmental state 8 8,850,140 Data backup for mobile device 9 8,850,104 Independent management of data and…
  • Canon patents granted on 30 September 2014

    Administrator
    30 Sep 2014 | 6:09 pm
    91 US patents granted on 30 September 2014 and assigned to Canon 1 8,850,551 Information processing system control method, intermediate service device, authentication method, and storage medium 2 8,850,459 Information processing apparatus, information processing method, and program 3 8,850,309 Optimized methods and devices for the analysis, processing and evaluation of expressions of the XPath type on data of the binary XML type 4 8,850,302 Information processing apparatus and method thereof for generating drawing data of a moving image object in a raster format for printing an image based on…
  • eBay patents granted on 30 September 2014

    Administrator
    30 Sep 2014 | 6:09 pm
    2 US patents granted on 30 September 2014 and assigned to eBay 1 8,849,724 Shipping container reuse recommendation system 2 8,849,710 Projection shopping with a mobile device
  • Fujitsu patents granted on 30 September 2014

    Administrator
    30 Sep 2014 | 6:08 pm
    47 US patents granted on 30 September 2014 and assigned to Fujitsu 1 D714,287 Personal computer 2 D714,242 Mobile information terminal 3 D714,241 Mobile information terminal 4 D714,235 Radiator for electronic device 5 8,850,435 Detecting bottleneck condition based on frequency distribution of sampled counts of processing requests 6 8,850,382 Analysis apparatus and method to analyze a printed circuit board 7 8,850,376 Method, device, and a computer-readable recording medium having stored program for information processing for noise suppression design check 8 8,850,264 Information terminal and…
 
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    Patexia Rss Feed

  • Masimo Wins Infringement Verdict Against Philips Electronics

    1 Oct 2014 | 4:48 pm
    A federal judge ruled earlier today that Philips Electronics NA should pay Masimo Corp $466.8M for having infringed two patents covering the measurement of blood oxygen and pulse rate. Philips had conceded infringement, but argued that the patents should be invalid on the grounds of obviousness. The Delaware jury found that Philips did not prove these claims, and ruled in Masimo's favor in the case that started back in 2009. Philips Electronics loses $467 million patent verdict...
  • SIPO Grants ZTE’s Application to Invalidate Vringo Patent

    1 Oct 2014 | 8:54 am
    “The decision by the Patent Re-examination Board in China is expected to serve as an important reference in other litigations that are based on equivalent patents in other markets”   China Patent Agency Grants ZTE’s Application to Invalidate Vringo Patent | Business Wire ZTE noted the Patent Re-examination Board of State Intellectual Property Office of China has granted its application to invalidate the CN00812876.6 patent owned by Vringo Inc. and its...
  • Ford Files Patent That Could Start Cars With Fingerprints

    1 Oct 2014 | 8:50 am
    Ford Files High-Tech Patent That Could Eliminate Keys & Start Cars With Fingerprints No one likes passwords. We keep jumbles of them in our head -- usually two or three standards, plus a string of variations to suit the whims of allegedly "safer" websites with 12-character-minimums. We can get chastised, locked out, or all-together blocked while trying to remember the particular email/password combo we used for a long-ago signup.  
  • USPTO Breaks New Ground with 300,000 Patents Issued This Fiscal Year

    1 Oct 2014 | 8:48 am
    FY 2014 has yielded a record number of more than 300,000 US patent grants.  While that may seem like a massive number, it pales in comparison to the 1,000,000 pending applications in the pipeline, or the more than 25,000 pending appeals waiting for judgment by the Patent Trial and Appeal Board.  New Ground with 300,000 Patents Issued This Fiscal Year | Patently-O
  • Big US tech companies face major patent losses in the post-Alice world, IAM research reveals

    30 Sep 2014 | 12:05 pm
    49% of IBM's patents may be affected by Alice's decision IAM - Mobile The potentially catastrophic effects of the Alice v CLS Supreme Court decision on the patent holdings of the US’s biggest technology companies are laid bare by the IAM blog today. Research undertaken by IP data company ktMINE on behalf of ...
 
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  • English Bar Infringed on Copyrighted Music

    JacksonWhite Law
    18 Sep 2014 | 4:00 am
    In England, a decision by their High Court determined that a Bristol bar will need to pay thousands of dollars for playing copyrighted music without the permission of a music royalty company.  The fine was about three thousand dollars and the music is banned from being played there until they have a license. The bar, known as Club Comfi, was caught playing copyrighted music there with no license from the music royalty collectors, called Phonographic Performance Ltd. Phonographic Performance has 90,000 members including record labels, independents, performers and musicians, according to the…
  • Will TV Show Glee Be Forced to Change Name?

    JacksonWhite Law
    16 Sep 2014 | 1:21 am
    The musical television show, Glee recently lost a trademark battle in the UK. The Fox show has been ordered to “cease naming” the series ‘Glee’ in the UK. ‘The Glee Club’ In 1999, ten years before the airing of Glee, Mark Tugham registered the name ‘The Glee Club.’ His clubs are known for their comedy and music venues in locations including Birmingham, Nottingham, Oxford and Cardiff. Tughan believes the television series is hurting his business because many believe the two are tied together. He decided to take Fox to court in a trademark battle. The Ruling Judge Roger Wyand…
  • Frequent Travelers Worried about Airbus Patent

    JacksonWhite Law
    11 Sep 2014 | 1:32 am
    A patent application was recently filed by Airbus that has travelers thinking maybe the tiny seats in coach are not so bad after all. The patent application has the ability to make even the smallest plane seating look luxurious. The design depicts folding saddle seats with a low back rest. The design would force travelers be perched on what looks like a bicycle seat. The upright design will allow for more passengers to fit on a plane. Where only three could fit previously, 4 saddle seats can. This could be the cost-cutting opportunity airlines have been looking for. Publically Rejected The…
  • ‘I Believe’ Sports Chant Making Debut in New Court

    JacksonWhite Law
    9 Sep 2014 | 1:30 am
    Any student, alumni, or fan of Utah State basketball is familiar with the invigorating chant “I believe that we will win.” However, it looks like the chant will be heard in a new type of court this offseason as San Diego State University (SDSU) has filed for trademark rights on the slogan. SDSU’s Rights SDSU’s rights with the slogan would extend to caps, hats, jackets, bottoms, shirts, T-shirts, sweatshirts, and other paraphernalia. The trademark is scheduled for publishing on July 22; from this date, USU will have 30 days to file an opposition. At the moment, Utah State officials are…
  • Non-profit Organizations suing for Trademark Infringement

    JacksonWhite Law
    4 Sep 2014 | 4:00 am
    The Patriot Guard Riders Inc. is a non-profit group that escorts military funerals and serve as a blockade between mourners and the Westboro Baptist Church and they are based in Oklahoma. They recently filed a lawsuit against Michigan Patriot Guard Inc. in Michigan for trademark infringement. The U.S. Patent and Trademark Office recently rejected Michigan Patriot Guard Inc.’s trademark, “Michigan Patriot Guard Rides with Respect.”  The Patriot Guard Riders Inc. has registered “Patriot Guard Riders Riding with Respect.” The U.S. Patent and Trademark Office determined that the…
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