Patents

 
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    Boycottnovell.com

  • Eye on Microsoft: Signs of Game Over

    Roy Schestowitz
    9 Feb 2010 | 9:42 am
    Summary: The press seems pessimistic about Microsoft, which is increasingly seen as unable to evolve and innovate; Microsoft’s security problems (and security PR) persist in a major way THIS VERY large post contains a lot of details (and new references) about the weaknesses of Microsoft and the endless spin it continues to rely on. We begin with this article from a former Microsoft chief who publicly blasted the company’s technical capabilities. We wrote about this in a previous post that complained about the way he rewrote history when he called Microsoft a “largely…

  • Windows ‘Battery Killer’ (Vista 7) Also Has USB Data Transfer Issues and Stability Problems, Does Not Sell Well

    Roy Schestowitz
    9 Feb 2010 | 7:45 am
    Summary: Vista 7 is plagued by serious bugs and new patches from Microsoft are said to be making things even worse; Microsoft is still unable to formulate a response to the new problems and Vista 7 sales continue to disappoint, so more vapourware and fake “leaks” are being used instead T HE reality behind Vista 7 continues to move along the lines that we have expected. It is beginning to look more and more like Vista as the weeks go by. Hundreds of millions of dollars in brainwash budget are running out and with this depletion, so does Microsoft’s ability to gag critics or…

  • Norwegian Agency for Public Management and eGovernment Slams Microsoft OOXML

    Roy Schestowitz
    9 Feb 2010 | 6:09 am
    Summary: The authorities in Norway justify the country’s decision to reject Microsoft’s standards-hostile ploy IT was almost 2 years ago that people of Norway were marching in the streets after Microsoft corruption. We wrote about the subject in: Steve Pepper Spills the Beans on MSOOXML in Norway Norway Embraces Open Standards, Many Others Follow Suit Norway Changes OOXML Vote, Receives New Microsoft Search Base (Updatedx2) Microsoft’s Latest OOXML Corruptions in Germany, Croatia, Norway OOXML Dirty Tricks Miscellanea: Norway, Misdirection, GPL Exclusion as Standard…

  • Steve Ballmer Visits Obama Once Again as His Fight Against Google Continues

    Roy Schestowitz
    9 Feb 2010 | 5:55 am
    Summary: Updates on the competition between Microsoft and Google — a rivalry that takes political form GOOGLE is gradually devaluing Microsoft’s products and Steve Ballmer understands that (Microsoft’s poor results [1, 2, 3, 4] are related to this). Free software and Google challenge Microsoft’s fundamental business model, as opposed to Apple for example. Moreover, watch how Google became an attractive employer, whereas Microsoft dropped like a stone (for several years now, even before the massive layoffs that are still ongoing, having officially begun over a year…

  • Microsoft’s Hostile Takeover of the Healthcare System

    Roy Schestowitz
    9 Feb 2010 | 4:26 am
    Summary: Microsoft wants to make medical records and management of patients a lot more dependent on Windows and its own private servers MICROSOFT has just announced another medical takeover. The following text has an interesting description for Microsoft, calling it “developer and licensor of software solutions”. Microsoft Corporation, a developer and licensor of software solutions, has acquired Sentillion, Inc., a developer of identity and access management solutions for the healthcare industry. Both the companies are based in the US. There is more information about it here and…
 
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    Biocompare Patent News

  • NexBio Granted United States Patent Covering DAS181 (Fludase® *) And Its Use For Prevention And Treatment Of Influenza And Parainfluenza

    8 Feb 2010 | 8:55 am
    NexBio, Inc. today announced the issuance by the United States Patent and Trademark Office of United States Patent No. 7,645,448 entitled "Class of Therapeutic Protein Based Molecules". This patent covers NexBio's sialidase pharmaceutical compositions, including its lead compound DAS181 (Fludase(®)), and methods of treating or preventing viral infection by influenza and parainfluenza with such compositions.

  • Alnylam Receives Notice Of Allowance From United States Patent And Trademark Office For New Patent Broadly Covering RNAi Therapeutics

    8 Feb 2010 | 7:53 am
    Alnylam Pharmaceuticals, Inc. (Nasdaq: ALNY), a leading RNAi therapeutics company, announced today that the United States Patent and Trademark Office (USPTO) has awarded a Notice of Allowance for the "Soutschek and Manoharan" patent (Application No. 10/916,185), which covers certain chemically modified siRNAs of any length directed to any target, including siRNAs with sterol conjugates for in vivo delivery. The new patent is based on the ground-breaking research by Alnylam scientists on systemic delivery of RNAi therapeutics as documented in Soutschek et al. (Nature 432, 173-178 (11 November…

  • Arrayit Wins Landmark DNA Testing Patent In Israel

    4 Feb 2010 | 10:16 am
    SUNNYVALE, Calif., Feb. 4 /PRNewswire-FirstCall/ --Arrayit Corporation , a life sciences and healthcare technology leader, announced today that the Company has received patent protection in the State of Israel for its proprietary Variation Identification Platform? (VIP?) DNA testing technology. The Israeli patent extends Arrayit's current patent portfolio, which includes VIP patents in the United States, Singapore, New Zealand, China, South Korea, and the European Union.

  • Fate Therapeutics Receives Allowance Of First U.S. Patent For Induced Pluripotent Stem Cell Technology

    4 Feb 2010 | 10:16 am
    Fate Therapeutics, Inc. received a Notice of Allowance from the United States Patent and Trademark Office for U.S. Patent Application Number 10/997,146 entitled "Methods for Reprogramming Somatic Cells." Upon issuance, the patent will cover foundational induced pluripotent stem cell (iPSC) technology for identifying agents that enable the reprogramming of human somatic cells, including pluripotency genes, small molecules and biologics. The invention by Rudolf Jaenisch, M.D., founding member of the Whitehead Institute for Biomedical Research and scientific founder of Fate Therapeutics, has a…

  • HealthSport, Inc. Announces Issuance Of Mexican Patent

    4 Feb 2010 | 10:15 am
    HealthSport, Inc. , the preeminent formulator and developer of edible, multi-layer film strips that deliver drug and dietary supplement actives through buccal and sublingual absorption as well as oral ingestion, announced today that the Mexican Institute of Industrial Property has approved HealthSport's patent application relating to its bi-layer edible film strip technology.
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    Anticipate This

  • They Invented What? (No. 159)

    Jake Ward
    5 Feb 2010 | 8:35 am
    U.S. Pat. No. 6,784,792: Method and device for recognition of a collision with a pedestrian. What is claimed is: 1. A method of detecting a pedestrian impact with a vehicle, the method comprising:           providing at least one first sensor on a bumper and at least one second sensor in an area of a front edge of an engine hood;          measuring one of a first pressure and a first deformation caused by the pedestrian impact;          forming a first criterion for deciding whether the pedestrian impact has occurred by comparing at least one first sensor output…

  • USPTO Announces Interim Procedure for Patentees to Request Patent Term Adjustment Recalculation.

    Jake Ward
    29 Jan 2010 | 1:42 pm
    Per this press release at the USPTO today: Procedure to Comply with the Federal Circuit Decision in Wyeth v. Kappos Regarding the Overlapping Delay Provision of 35 U.S.C.154(b)(2)(A)  WASHINGTON – The Commerce Department’s United States Patent and Trademark Office (USPTO) is providing patentees with the ability to request a recalculation of their patent term adjustment without a fee or petition as is normally required pending completion of necessary modifications to the USPTO’s computer program for calculating patent term adjustments.  The agency expects to complete by March 2, 2010,…

  • IPWatchdog Sued by Invention Submission Corporation (dba InventHelp).

    Jake Ward
    27 Jan 2010 | 11:27 am
    Per this post at the IPWatchdog last week, patent law blogger Gene Quinn is being sued by Invention Submission Corporation (ISC), an invention promotion company that currently does business as “InventHelp®”.  A copy of the complaint may be downloaded here. IPWatchdog has long been a vocal critic of invention promotion companies, and for good reason.  As most patent attorneys and agents will attest, invention promotion companies do not directly compete with patent law firms.  Rather, many invention promotion companies provide dubious invention marketing services (and…

  • CLE Event: Legal Off-shoring and In-shoring in the field of Intellectual Property – February 3, 2010.

    Jake Ward
    25 Jan 2010 | 6:06 am
    The Toledo Intellectual Property Law Association (TIPLA) is proudly presenting a program titled: Legal Off-shoring and In-shoring in the field of Intellectual Property.  The program will be held at the  University of Toledo College of Law on February 3, 2010, from 9:00AM – 12:00AM.  Three (3) hours of CLE credit are being sought for all attendee states. Speakers: Indira Saladi, Senior Intellectual Property Counsel,  Motorola, Inc. Ms. Saladi will present on Motorola’s development of in-house IP resources in India. Frank Landgraff, Senior Intellectual Property Counsel, GE Energy Mr.

  • Absolutely Ridiculous.

    Jake Ward
    22 Jan 2010 | 8:26 am
    Via the Just-n-Patent Examiner blog, which in turn was relaying an earlier message from Greg Aharonian of the Internet Patent News Service concerning a note that a frustrated attorney had sent to Director Kappos. — Dear Mr. Kappos, I have been practicing before the USPTO for 12 years now and have seen a lot of ridiculous stuff, but this takes the cake. Note the attached ”Notice of Non-Compliant Amendment” and the grounds therefore — the period at the end of claim 1 was accidentally caught in the underline of the word processing selection when indicating the amended…
 
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    Just A Patent Examiner

  • Resumption of Hiring in the USPTO's Future?

    1 Feb 2010 | 7:13 pm
    The PTO put out a press release today regarding President Obama's 2011 budget request for the USPTO.Significantly, the budget request will enable the Office to resume the hiring of examiners.Specifically, it will allow the Office to "[i]nitiate a targeted hiring surge and hire 1,000 patent examiners annually during FY 2011 and FY 2012. This effort will target former patent examiners and IP professionals who will require minimal training and can be productive virtually from the start of their employment."This is good news all around, although it will be interesting to see how the Office goes…

  • Revised Count System

    21 Jan 2010 | 4:39 pm
    The Office sent an email earlier this week, notifying the corps that the changes to the count system will be taking effect starting on February 14th. (Happy Valentine's Day!)For a while, examiners' production will be tracked under both the old and new count systems, with the examiner being graded based on whichever system works to their advantage. My guess is that they'll allow examiners that luxury only until the end of this fiscal year, so we'll have about 7 1/2 months to adapt the conduct of our examination to the new system. Generally, that means that we'll need to dispose of applications…

  • Professionalism

    20 Jan 2010 | 9:02 pm
    A few days ago, Greg Aharonian of the Internet Patent News Service relayed the following note that a frustrated attorney had sent to Director Kappos:---Dear Mr. Kappos,I have been practicing before the USPTO for 12 years now and have seena lot of ridiculous stuff, but this takes the cake. Note the attached"Notice of Non-Compliant Amendment" and the grounds therefore -- theperiod at the end of claim 1 was accidentally caught in the underlineof the word processing selection when indicating the amended language.Why did I receive this ridiculous response rather than the examiner merelynoting it…

  • PTO Calls Former Examiners to Return to the Office

    23 Dec 2009 | 7:54 pm
    The Patent Office is taking some interesting measures in an effort to reduce the backlog. Last week, the corps received an email detailing plans to offer ex-examiners the opportunity to return to the patent office. From the email:---Faced with a growing backlog and long patent pendency periods in a difficult fiscal environment, the United States Patent and Trademark Office (USPTO) is reaching out to former patent examiners, inviting them to return to the agency. “Because of their prior experience, returning examiners will need little training and will be able to hit the ground running,”…

  • Limited Time Offer

    4 Nov 2009 | 4:20 pm
    Effective Sunday, November 8th, the Office's Revised Count System Initiatives will go into effect, except for those initiatives that will require updates to the Office's software systems.Most significantly, that means that the new provisions for the docketing of RCEs will come online.The following initiatives will be effective this Sunday:* Certification and Recertification* Patent Examiners' Work Credit* Changes in Docket Management Policies* Patentability Determination and Hoteling Waiver* Examiner-Initiated InterviewsThe specifics of these initiatives were discussed in this earlier…
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    IPKat - news and fun for everyone!

  • Patent4U Patentics found to be not patentable

    8 Feb 2010 | 10:47 pm
    The IPKat was puzzled and intrigued by a recent decision from the UK IPO (O/021/10).  The decision relates to UK patent application GB0716959.2 (published as GB2453318), filed in the names of Marc and Idan Zuta, who together run an Israeli company known as Patent4U Limited. The company claims to be able to "personally assist and participate in the various aspects to promoting your business. From defining your invention, R&D to participating in business meetings and asisting [sic] in raising investments", which all sounds very helpful.  Part of Patent4U's services involve…

  • PCT applications fall 2009, Chinese PCT applications soar

    8 Feb 2010 | 8:43 am
    International patent filings under the Patent Cooperation Treaty (PCT) fell by 4.5% in 2009 with sharper than average declines experienced by some industrialized countries and growth in a number of East Asian countries, the WIPO announced today. Provisional data indicates that 155,900 international patent applications were filed in 2009 as compared to the nearly 164,000 applications filed in 2008.The drop-off in Germany and the USA was about 11%, while PCT filings from China increased by nearly 30%. China became the fifth largest PCT user.The USA maintained its top ranking, filing just under…

  • Monday Musings

    8 Feb 2010 | 4:54 am
    The Kat's wish everyone a very happy start the week and hope, if you are in London, are enjoying the snow!The gloves are out for Aussie Olympic flag - The iconic Boxing Kangaroo flag (left) attracted controversy at the Winter Olympic Games Village in Vancouver over the weekend. The IOC believed that the flag, being flown by the Australian team in the Olympic Village, violated the IOC's rules on unauthorized commercial symbols being displayed at the Games. The flag is a registered trade mark of the Australian Olympic Committee used to promote sport. However, the Australian team has today won…

  • Friday Folderols

    5 Feb 2010 | 5:26 am
    Blackberry-maker RIM have won another case at the High Court (judgment available on BAILII here), this time against another company in the business of making mobile phones.  Motorola's European patent EP0818009 has been found invalid and in any case not infringed by RIM's Blackberry system. More details (though not much) on the EP Patent Law Blog here. Australian group Men at Work, famous for that 1980s song "Down Under" have, according to NME, been found to have plagiarised the tune from an old Girl Guides song, "Kookaburra Sits In The Old Gum Tree". This Kat remembers the song well,…

  • How to elect a new EPO President - some suggestions

    5 Feb 2010 | 12:40 am
    The IPKat had plenty of comments on his brief post earlier this week about the continued failure of the EPO's Administrative Council to elect a new President.  To add to the pot of comments already put on how the new President should be chosen (many of which seem to be about locking the relevant people up until they finally come to a decision) the IPKat also received by email the following carefully crafted suggestions on what might be done to rectify the situation.  Suggestion No. 1: "Your latest post impelled me to go look at the relevant secitons of EPC2000. Relevant parts…
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    Patent Baristas

  • AwakenIP: Helping to Reignite Recognition of the Value of Intellectual Property

    Stephen Albainy-Jenei
    3 Feb 2010 | 11:24 am
    Jeff Kuester, a technology attorney with Taylor | English in Atlanta, Georgia, has started AwakenIP, a web site devoted to intellectual property law.  As noted on the site: This website is an attempt to help reignite broader recognition of the full value of intellectual property. Much criticism has been levied against the usefulness of intellectual property and its place in our new economy, but there are those among us who continue to recognize the wisdom of maintaining strong intellectual property protection for worthwhile contributions that “promote the progress of science and useful…

  • Changes in the Implementing Rules of the European Patent Convention (EPC)

    Stephen Albainy-Jenei
    2 Feb 2010 | 11:33 am
    The Administrative Council of the EPO decided, in March 2009, to make significant changes to the Implementing Rules of the European Patent Convention (EPC). These changes will enter into force on April 1, 2010 and will have a significant impact on the grant procedure before the EPO. Introduction of a new time limit for filing divisional applications Up until now, a divisional application could be filed relating to any pending earlier European patent application at any stage of the grant procedure of this earlier application. Amended Rule 36(1) restricts this possibility by introducing a new…

  • Prosecution Laches and Inequitable Conduct: Cancer Research Tech. v Barr Labs.

    Guest Barista
    28 Jan 2010 | 9:43 am
    A fellow patent attorney (who wishes to remain anonymous) called my attention to a recent decision issued by Judge Sue L. Robinson of the Delaware District Court.  Cancer Research Technology et al. v Barr Laboratories et al., D-Del, Civ. No. 07-457-SLR, January 26, 2010.  Download CRT v Barr. I’m not a district court decision junkie: since most patent cases revolve, at least in part, around claim construction, and since under Cybor the Federal Circuit reviews claim construction de novo, I tend to ignore many district court decisions – why bother getting into a claim construction-based…

  • Resurgence of the Need for Opinions of Counsel

    Guest Barista
    25 Jan 2010 | 8:20 am
    As a direct consequence of overruling the affirmative duty of due care to avoid infringement upon learning of a patent, the Federal Circuit expressly instructed in Seagate that “there is no affirmative obligation to obtain [an] opinion of counsel.”  In re Seagate Technology, 497 F.3d 1360, 1371 (Fed. Cir. 2007) (en banc), cert. denied, 128 S. Ct. 1445 (Feb. 25, 2008).  See also Knorr-Bremse Systeme Fuer Nutzfahrseuge GmbH v. Dana Corp., 383 F.3d 1337, 1345 (Fed. Cir. 2004) (en banc) (“In tandem with our holding that it is inappropriate to draw an adverse inference that undisclosed…

  • Proposed Changes to Inventive Step/Non-Obviousness in Australia

    Stephen Albainy-Jenei
    21 Jan 2010 | 6:32 pm
    Those of you who regularly prosecute patents in Australia will be aware that Australia has a unique approach to inventive step/non-obviousness. Specifically, Australian law differs from international norms in two fairly notable ways: Firstly, not all prior art references are citable. Rather, in order to be citable, a prior art reference must firstly be shown to be a piece of prior art information that the skilled person could have been reasonably expected to have “ascertained, understood, and regarded as relevant”. Notably, prior art references have been excluded from consideration…
 
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    Patent Docs

  • Newsweek = Newspeak on Gene Patenting

    Patent Docs
    8 Feb 2010 | 9:59 pm
    By Kevin E. Noonan -- Newsweek has always been Avis to Time Magazine's Hertz -- evidenced by an increasing difference in subscriptions (3.3 million versus 1.97 million on 2009). So it isn't surprising that the magazine needs to do something to tweak its readership, even if that something is to distort its reporting on an important issue. Which is, of course, what Newsweek has done on its science news page in the February 15th issue, in an article cleverly entitled "Who Owns Your DNA?" The article, by "Science Editor" Susan Begley (at left), is of course not a science story...

  • Court Report

    Patent Docs
    8 Feb 2010 | 9:52 pm
    By Sherri Oslick -- A note to our readers: In an effort to catch up with recently filed biotech and pharma cases following a brief hiatus, Patent Docs presents this additional installment of Court Report. Eli Lilly and Company v. Fresenius Kabi Oncology PLC 1:10-cv-00147; filed February 4, 2010 in the Southern District of Indiana Infringement of U.S. Patent Nos. 4,808,614 ("Difluoro Aantivirals and Intermediate Therefore," issued February 18, 1989) and 5,464,826 ("Method of Treating Tumors in Mammals with 2',2'-difluoronucleosides," issued November 7, 1995) following a Paragraph IV…

  • Court Report

    Patent Docs
    7 Feb 2010 | 9:59 pm
    By Sherri Oslick -- A note to our readers: Patent Docs apologizes to our readers for the recent Court Report hiatus. This Court Reporter was away at trial and has just now been able to come up for air. We will catch our readers up in the next few postings. Patent Docs thanks our readers for their patience. Novartis AG v. Kappos 1:10-cv-00164; filed January 29, 2010 in the District Court of the District of Columbia Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 7,569,337 ("Coumarins Useful...

  • USPTO Budget Request for FY 2011 and Perspectives from the Patent Community

    Patent Docs
    7 Feb 2010 | 9:46 pm
    By Christopher P. Singer -- On February 1, 2010, the U.S. Patent and Trademark Office issued a press release announcing President Obama's $2.3 billion budget request for the USPTO for fiscal year 2011. According to the statement, the amount of the budget request is intended to support and achieve the strategic objectives of the five-year plan for the USPTO as mapped out by Director Kappos and Commerce Secretary Locke. Specific goals include reducing application pendency and the existing application backlog, improving patent quality, enhancing IP protection and enforcement, and upgrading the…

  • USPTO Extends Period for Public Comment and Period of Effectiveness for Recent Programs

    Patent Docs
    7 Feb 2010 | 9:32 pm
    By Sarah Fendrick -- The U.S. Patent and Trademark Office has extended the time for public comment for two recent Office initiatives and has extended the period of effectiveness for a third Office initiative. Extension of Period for Comments on Enhancement in the Quality of Patents In December 2009, the USPTO published a notice in the Federal Register seeking public comment on the enhancement in quality of patents. Specifically, the Office solicited public comment with respect to potential methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to…
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    Patent Law Blog (Patently-O)

  • Damages: Federal Circuit Again Demands More Substance from Damages Experts

    Dennis Crouch
    8 Feb 2010 | 1:21 pm
    ResQNet.com and Jeffrey Kaplan v. Lansa, Inc. (Fed. Cir. 2010) The district court held that one of ResQNet’s patents was infringed and awarded $500k in past damages based on a 12.5% royalty rate. The court denied the patentee’s requested permanent injunction but instead ordered an ongoing license at the 12.5% royalty rate. The court also awarded sanctions against ResQNet’s counsel for failing to withdraw patents from suit that were clearly not infringed. On appeal, the Federal Circuit took issue with the damages calculation — holding that the lower court had…

  • Goods sold f.o.b. China considered sold "within the United States" for infringement purposes

    Dennis Crouch
    8 Feb 2010 | 12:06 pm
    SEB (T-Fal) v. Montgomery Ward & Co. (Fed. Cir. 2010) The French company SEB sued Montgomery Ward, Pentalpha and others for infringement of its patent covering deep-fat-fryer. Patent No. 4,995,312. SEB won a jury verdict verdict of willful infringement and was awarded $4.6 million in damages, but the district court reduced the damage award to $2 million and refused to award enhanced damages for willfulness citing Seagate. f.o.b. sales: Pentalphia shipped its products f.o.b. China and argued that it therefore could not be liable for sales in the US.  The Federal Circuit rejected…

  • Patently-O Bits and Bytes

    Dennis Crouch
    8 Feb 2010 | 9:16 am
    The following is a list of upcoming events that I will be attending. I look forward to seeing you there!: Texas Intellectual Property Law Journal's 11th Annual Intellectual Property Symposium at The University of Texas School of Law in Austin on February 19th, 2010. Stanford Technology Law Review Symposium at Stanford Law School focusing on “PTO Reform” on February 26, 2010. IP Law Summit for Corporate IP Counsel in Miami at the Doral Resort on March 25–27, 2010. Corporate IP Counsel Summit in New York City at the Helmsley Hotel on April 27–28, 2010. If you are…

  • Patent Examiner Experience Levels, Part II

    Dennis Crouch
    8 Feb 2010 | 6:19 am
    The graph below shows examiner experience as grouped by technology center as of the end of FY2009.  The blue-bars represent the percent of examiners and SPEs that have fewer than three years experience at the PTO. The red-bars represent the percent of examiners and SPEs that have ten or more years experience at the PTO.  This is a continuation of an earlier discussion.

  • USPTO Budget Shortfall Causes: Maintenance Fees

    Dennis Crouch
    7 Feb 2010 | 6:26 am
    A major reason for the current USPTO budget shortfall is the dropping rate of renewal. According to the USPTO annual reports, the "maintenance fees have traditionally been the largest category of patent fees." Renewal rates are charged in three-stages. The first-stage payment of $980 is due 3.5 years after issuance. The second-stage payment of $2,480 is due 7.5 years after issuance. And, the third-stage payment of $4,110 is due 11.5 years after issuance. In FY2009 renewal rates dropped for each stage. Most troubling for future PTO revenue, the first-stage renewal rate for FY2009 was…
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    Peter Zura's 271 Patent Blog

  • WIPO Reports 4.5% Drop in PCT Filings For 2009

    Two-Seventy-One Patent Blog
    8 Feb 2010 | 7:10 am
    WIPO reported today that, despite the economic turmoil in 2009, PCT applications experienced a mere 4.5% drop for the year - provisional data indicates that 155,900 applications were filed in 2009 as compared to the nearly 164,000 applications filed in 2008. The U.S. continues to be a top user of PCT applications, filing just under a third of all international applications in 2009.  The top 10 filers include:(1)  United States -- 45,790 applications(2)  Japan -- 29,827 applications(3)  Germany -- 16,736 applications(4)  Republic of Korea -- 8,066…

  • D. Del: Only Pre-Litigation Conduct Admitted for Willfulness, Despite Prliminary Injunction and CAFC Affirmance

    Two-Seventy-One Patent Blog
    1 Feb 2010 | 1:56 pm
    Cordis Corporation v. Boston Scientific, et al., 1-03-cv-00027 (DED January 28, 2010, Memorandum Order)In the litigation, the court made a preliminary finding of infringement against defendants, which was affirmed on appeal. The accused devices were not taken off the market, however, and the case proceeded to trial based on the court's finding, upon a more developed record, that genuine issues of material fact precluded entry of a summary judgment as to infringement. A jury ultimately determined that certain Boston Scientific products infringed Cordis' patents.Cordis moved for willful…

  • Here Comes the Hike: 15% Increase in Fees Proposed by USPTO

    Two-Seventy-One Patent Blog
    1 Feb 2010 | 1:22 pm
    From the Wall Street Jornal:Inventors and companies would face a new 15% surcharge on patent fees under the Obama administration's proposed budget, with the funds going to help the U.S. Patent and Trademark Office to "improve the speed and quality of patent examinations."The head of the patent office floated the surcharge proposal late last year. The proposal would require congressional approval.The funds would allow the administration to hire more examiners and upgrade technology under the Patent and Trademark Office's proposed $2.3 billion budget for fiscal year 2011.[O]verall, the Commerce…

  • Attorney Delinquence Excuses 7-Year Delay in Reviving Expired Patent

    Two-Seventy-One Patent Blog
    28 Jan 2010 | 7:55 pm
    SprinGuard Technology Group Inc. v USPTO, No. 08-12119 (D. Mass., January 21, 2010, Order)SprinGuard brought an action under the Administrative Procedure Act (“APA”) to seek judicial review of decisions of the Director of the PTO denying SprinGuard’s petitions to reinstate its Patent, which granted in 1999, but expired in 2003 for failing to pay a required maintenance fee.After the patent issued, the PTO mailed a letter in 2002 to SprinGuard’s attorney stating that the first maintenance fee was past due; it received no response. The fee was not paid, and the patent expired on January…

  • PwC Releases 2009 Patent Litigation Study

    Two-Seventy-One Patent Blog
    27 Jan 2010 | 7:29 am
    Each year PriceWaterhouseCoopers (PwC)conducts studies on patents and patent litigation, where the organization analyzes statistics relating to "hot" topics of patent law.  This year PwC looked at nonpracticing entities (NPEs - companies that do not design, manufacture, or distribute products) and their effect on litigation.The study found that, adjusting for inflation using the Consumer Price Index, the annual median damage award has ranged from $2.2 million to $10.6 million, with a median award of $4.4 million over the last 14 years. Overall, this statistic has been more-or-less…
 
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    The Invent Blog

  • Patent blogger sued by invention promoter

    nipper
    22 Jan 2010 | 7:41 pm
    Patent blogger Gene Quinn of IPWatchdog.com was sued yesterday by invention promotion company InventHelp.  Gene wrote a post on his blog entitled “Invent Help Sues IPWatchdog Alleging they are Not a Scam” which has the complete story.  In the post, Gene indicates that he is looking for information about InventHelp’s practices from former Invent Help customers, as well as patent attorneys/agents.  FYI, in case you have information for him. Related posts:Advent Product Development sued for fraud, improper and deceptive invention promotion Via Patent Lawsuit Updates —…

  • Social Media and Law Blogs 101

    nipper
    20 Jan 2010 | 7:50 am
    Links to two of my recent articles written for lawyers: Law Blogs 101, The Idaho Law Report, January 19, 2010. Social Media Opens Up a Variety of New Professional Connections, The Advocate (Official Publication of the Idaho State Bar), vol. 53, no. 1, p. 35-36 (2010). Related posts:Free Webinar on Social Media 101 “Don’t Pee in the Pool!” Friday, May 22, 2009 10:00... Tech Tips from the Idaho Practical Skills Seminar Here’s a link to my law practice management article in... CLE/webinar on The Plant Variety Protection Act There is an upcoming CLE (webinar) put on by…

  • Why entrepreneurs hate lawyers

    nipper
    18 Jan 2010 | 8:36 am
    Read:  Venture Hacks blog on Top 10 reasons why entrepreneurs hate lawyers. Note:  Eight of his reasons are about failures to communicate, the other two are about money. Related posts:Five by Five – The Entrepreneurs Matt Homann (one of my favorite blawgers) has been doing... Interviews with famous entrepreneurs Have you checked out nPost.com?  They have an extensive list...

  • Book Review – The Way Toys Work

    nipper
    17 Jan 2010 | 10:38 am
    Most larger cities have a “children’s museum” where kids (and grown ups) can experience “hands on” science.  Anything that teaches kids that science is cool is worth supporting! Our local children’s museum is called the “Discovery Center of Idaho.”  For about ten years now, I have provided free patent searches to the winners of the Discovery Center’s annual “Invent Idaho” science fair contest for elementary and middle school students.  It has been a blast working with young kids that are so excited about inventing. Through…

  • Resolve to be an Advisor

    nipper
    4 Jan 2010 | 8:12 am
    RULE 2.1: ADVISOR In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation. Rule 2.1 does not say you need to win and the other attorney needs to lose.  Nor does it say your client needs to win. Instead, it reminds us that as advisors, attorneys have a duty to render candid advice to our clients.  Sometimes that means talking them out of pursuing…
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    Patent Prospector

  • Unpublished

    8 Feb 2010 | 2:52 pm
    ResQNet sued Lansa in 2001 for infringing five patents related to terminal emulation. Lansa found art, two unpublished user manuals for a software product called Flashpoint, that it argued anticipated one of the asserted patents, 6,295,075. But the district court wouldn't admit the art as public, and hence not legally prior art. Lansa tried to argue that NewLook 1.0 anticipated '075 by being sold more than a year prior to 075's filing date, but NewLook 1.0 "lacked an essential limitation," so was not found to be invalidating prior art. Alas for Lansa, a later version of NewLook was…

  • Deep Fryer

    7 Feb 2010 | 1:29 pm
    SEB sued Montgomery Ward and others for infringing 4,995,312 by selling a cheap deep fryer manufactured by Pentalpha. Speedy justice meant that getting to trial took a mere seven years, whereupon a jury found willful infringement, awarding $4.65 million in damages, which the district court judge hence cut by $2 million. The district court had awarded enhanced damages and attorneys' fees to SEB, but then snatched them back in light of the 2007 CAFC Seagate ruling that willfully gutted willfulness. Herein, a tale of disingenuity, and an appeal decision greasing understanding of inducing…

  • Inherent Anticipation

    2 Feb 2010 | 2:48 am
    Abbott sued Beckton, Dickinson and Company and Nova Biomedical for infringing 5,628,890, which claims a glucose sensor. A jury found '890 anticipated. Abbott appealed the trial judge's jury instruction over the meaning of anticipation. The CAFC surveyed the boundary of inherency, and found the nugget: "all elements must be disclosed in an anticipatory reference in the same way as they are arranged or combined in the claim." Abbott v. Becton, Dickinson and Company and Nova Biomedical (CAFC 2009-1008, -1009, -1010, -1034, -1035, -1036, -1037) precedential The district court judge,…

  • Diabetic

    29 Jan 2010 | 1:25 am
    5,820,551 claims single-use test strips for measuring blood sugar, useful for diabetics. Becton, Dickinson and Company threw down a declaratory judgment (DJ) action on competitor Abbott over a couple other patents. Abbott countered with a suit that also asserted '551. Weak move. The DJ worked: summary judgment of non-infringement and anticipation of numerous claims of one patent. '551 underwent a bench trial, and didn't survive the operation: invalid due to obviousness and unenforceable due to inequitable conduct. Abbott appealed. Therasense and Abbott Labs v. Becton, Dickinson and Company,…

  • Restricted Reply

    26 Jan 2010 | 12:40 am
    37 CFR § 41.37, on appeal briefs, fully covers regulation of arguments made on appeal: "Any arguments or authorities not included in the brief or a reply brief filed pursuant to § 41.41 will be refused consideration by the Board, unless good cause is shown." 37 CFR § 41.41, on reply briefs: "A reply brief shall not include any new or non-admitted amendment, or any new or non-admitted affidavit or other evidence." In a January 7, 2010 expanded-panel BPAI ruling ex parte Borden, denying a rehearing of an appeal, the Board ruled much more restrictively on reply briefs:…
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    Patent, Copyright and Trademark Blog

  • My Wife as a Caricature

    9 Feb 2010 | 4:49 am
    Dear Rich: Recently my wife had a caricature done of her at a local university by an company who specialises in creating caricatures. She was so impressed by the picture of her she wants to use the likeness on future promotional materials (i.e. flyers, business cards etc) for her future business venture. Would we have to get permission to be able to use the likeness from said company and if so how pricey can buying the rights to this property get? The Dear Rich Staff loves caricature art -- representations of people in an exaggerated fashion, usually for comic relief. In fact, we just found…

  • Transferring TMs to New Corporation

    8 Feb 2010 | 5:04 am
    Dear Rich: I have two trademarks registered to a corporation and will be transferring the rights to use these trademarks to a new corporation. Do I have to notify the Patent and Trademark Office and how would I do that? Also I notice that someone asked about renewing a patent. Is that also necessary for trademarks? First of all, the Dear Rich Staff wants to acknowledge that the person who asked this question also happens to be the same person who comes by and fixes our mother's computer so we say thanks for all that great service over the years -- and BTW, we messed with the ethernet cords…

  • Value of Nuremberg Trial Transcript

    7 Feb 2010 | 4:51 am
    Dear Rich: I saw your question about the Nuremberg trial transcripts. My father was Justice Robert Jackson's driver during the Nuremberg trials. He gave my father a signed copy of the transcript along with several pictures. Is there any value to this original document? You'll need the advice of an appraisor who specializes in autographs, manuscripts and rare books. We're afraid that question is just out of our bailiwick. But if any readers know, drop us a line.  

  • Failed to Pay Maintenance Fees: Is the Patent Lost?

    5 Feb 2010 | 7:21 am
    Dear Rich: Help! A friend of a friend failed to pay his patent maintenance fees timely and his patents have expired. Is there any way to pay a late fee and "revive" the patents? Yes there is. If it's been less than two years since the patent expired, you can revive it if you pay the fee and a surcharge of between $700 and $1640 depending on whether the reason for the failure was 'unavoidable' or 'unintentional.'  You'll need to file a petition and you can learn more about the requirements, here. If it's been more than two years, you can revive the patent only if you can show…

  • Fiction Writer Asks ... May I?

    4 Feb 2010 | 9:31 am
    Dear Rich: In a work of fiction may I write about an adventure in a well known museum and describe specific exhibits that get vandalized? May I write critically about a well known writer who has been dead for over 100 years? May I write about stuffing a family into a Chevy truck? May I write about a fictitious company that clearly resembles a large fortune 500 company? Yes, yes, yes, and yes, although the Dear Rich Staff is a little concerned about the idea of "stuffing a family into a Chevy truck." 
 
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    Patent News and Information

  • RSS Management

    9 Feb 2010 | 6:43 am
    hudson valley wedding custom wedding rings new york city dog shampoo custom bluegrass banjos custom wedding bands organic mattress reviews green sleep mattress review nest organics asheville RSS definitive axis conduits custom wedding rings

  • Daniel Furniss, 1951-2010

    9 Feb 2010 | 1:00 am
    Daniel Furniss, the passionate, gregarious go-to trial lawyer at Townsend and Townsend and Crew, suffered a heart attack and died early Friday morning.

  • New challenges to property rights - Kansas City Star

    8 Feb 2010 | 8:18 pm
    Sam Korte, a patent attorney for GPS device maker Garmin Ltd., showed an authentic Garmin navigation device, on the right, and a counterfeit version on the left. The rapid pace of globalization and technological innovation has created unprecedented ...

  • Patent lawyers give your big idea an edge - Kansas City Star

    8 Feb 2010 | 8:18 pm
    There?s a patent behind millions of products ? from fishing lures to life-saving medical devices to the icing on a cake. And behind many patented products (and services) is an attorney ? preparing and filing applications, drafting legal ...

  • Does China Still Need U.S. Tech? Google Tiff Highlights Evolution - YAHOO!

    8 Feb 2010 | 8:11 pm
    A big elephant has been in the room ever since Google faced off with China's government over censorship and threatened to leave the country. The looming question is whether China's tech development is reaching a point where its government is ready to ...
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    Securing Innovation

  • Tweet of the Week @CiscoSystems

    IP
    8 Feb 2010 | 5:46 pm
    John Earnhardt noted on The Platform, the blog of Opinions and Insights from Cisco, that this is the 5th anniversary of Cisco's first blog post. This auspicious occasion was marked, today, with this tweet. Click on the image above to read the entire post, but here's an excerpt. This first blog entry started something of a trend at Cisco. We now have internal blogs “out the wazoo” (I believe is the technical term). And, we now have 16 “corporate blogs” that you can access on Blogs.Cisco.com. Topics range from High Tech Policy (our first blog), to corporate stuff (this…

  • BusinessWeek Special Report: Patent Trolls

    IP
    2 Feb 2010 | 10:23 pm
    Don't miss this Special Report from BusinessWeek. Tech Giants' New Way to Thwart Patent Suits Frustrated by litigation costs, Microsoft, Sony, and Nokia are paying third-party patent acquirers such as RPX to fend off patent lawsuits Slide Show: Patent Trolls' Top Targets Apple, Sony, Dell, and Microsoft are the companies most frequently sued by so-called non-practicing entities alleging patent infringement Acacia: The Company Tech Loves to Hate With the most patent-infringement cases against tech giants, Acacia Research is often called a "patent troll." Inventors hail it as a savior…

  • IPCom, Patent Trolls, Reputation Management

    IP
    28 Jan 2010 | 4:08 pm
    Is there a likelihood of confusion between IP.com Inc. and IPCom GmbH & Co. KG, a German non-practicing entity, or NPE, that is sometimes called a patent troll? The Register, a British online journal, apparently sees the potential for confusion with the similarity of names and tries to keep its readers well-informed in this report that the British courts recently found the IPCom patents invalid in the UK. IPCom GmbH (not to be confused with IP.com) acquired a load of patents from Bosch, and has been waving them at mobile-phone companies ever since, with limited success. This time last…

  • Kent Displays Reflex™ LCD Tablet

    IP
    26 Jan 2010 | 7:12 pm
    Kent Displays recently announced forming Improv Electronics, a new business unit focused on development and sales of consumer electronic products. The products will utilize Kent Displays revolutionary Reflex™ no power LCD technology. The first product sold under the Improv Electronics name, the Boogie Board LCD Writing Tablet, is now available. This product is the first paperless writing tablet to utilize a pressure-sensitive Reflex LCD for the writing surface. While most other LCDs are made on glass, the Reflex LCDs used in Boogie Board tablets are made of impact-resistant, flexible…

  • Guy Kawasaki on the Art of Innovation

    IP
    25 Jan 2010 | 6:24 am
    Entrepreneur, Twitter star, and former Apple software evangelist Guy Kawasaki highlights advice for creating meaning, innovation, and...revenue. We follow @GuyKawasaki from our Twitter account @ipdotcom and read his blogs, How to Change the World and Holy Kaw! Guy Kawasaki has thoughtfully included IP.com's blog, Securing Innovation on his Alltop pages for Patents and Innovation (but not on the page of links for Inventions) along with a lot of other blogs we read regularly.
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    Latest Patents

  • Apple patents granted on 09 February 2010

    Administrator
    9 Feb 2010 | 6:44 am
    11 US patents granted on 09 February 2010 and assigned to Apple 1 RE41,113 Systems and methods for replacing open windows in a graphical user interface 2 D609,715 Animated graphical user interface for a display screen or portion thereof 3 D609,705 Monitor 4 7,660,929 Connector interface system for a multi-communication device 5 7,660,831 Synchronization methods and systems 6 7,660,749 Method, system, and medium for representing visitor activity in an online store 7 7,660,127 Electrical components coupled to circuit boards 8 7,660,104 User interface component with a removable cover 9 7,659,896…

  • Canon patents granted on 09 February 2010

    Administrator
    9 Feb 2010 | 6:43 am
    25 US patents granted on 09 February 2010 and assigned to Canon 1 7,661,063 Document processing apparatus and control method thereof 2 7,660,996 Electronic apparatus and unit utilized in electronic system 3 7,660,805 Method of generating data servers for heterogeneous data sources 4 7,660,796 Information processing method and apparatus 5 7,660,555 Printing apparatus, information processing apparatus, and control method therefor 6 7,660,553 Image heating apparatus 7 7,660,550 Process cartridge and image forming apparatus 8 7,660,549 Electrophotographic image forming apparatus 9 7,660,545…

  • Fujitsu patents granted on 09 February 2010

    Administrator
    9 Feb 2010 | 6:42 am
    30 US patents granted on 09 February 2010 and assigned to Fujitsu 1 7,661,079 Designing and operating of semiconductor integrated circuit by taking into account process variation 2 7,660,992 Electronic data storage system and method thereof 3 7,660,974 Method and apparatus for analyzing performance, and computer product 4 7,660,885 Communication performance analyzing program, communication performance analyzing apparatus and communication performance analyzing method 5 7,660,697 Apparatus and method for calculating size tolerance, and computer-readable recording medium in which program for…

  • Google patents granted on 09 February 2010

    Administrator
    9 Feb 2010 | 6:41 am
    4 US patents granted on 09 February 2010 and assigned to Google 1 7,661,128 Secure login credentials for substantially anonymous users 2 7,660,822 Systems and methods for sorting and displaying search results in multiple dimensions 3 7,660,557 Dynamic selection and scheduling of radio frequency communications 4 7,660,458 Three-dimensional model construction using unstructured pattern

  • Hewlett-Packard patents granted on 09 February 2010

    Administrator
    9 Feb 2010 | 6:41 am
    20 US patents granted on 09 February 2010 and assigned to Hewlett-Packard 1 7,661,095 System and method to build a callgraph for functions with multiple entry points 2 7,661,003 Systems and methods for maintaining performance of an integrated circuit within a working power limit 3 7,660,937 Emulating a USB host controller 4 7,660,877 Systems and methods in which a provider is selected to service content requested by a client device 5 7,660,821 Data storage system 6 7,660,794 Method and program product for reducing database walk frequency while repetitively accessing a firewall connection and…
 
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    FreshPatents.com: Image analysis - USPTO Class 382 Patent Applications Update

  • Device for reading encoded data interspersed in a printed image

    8 Feb 2010 | 12:13 am
    An apparatus for reading data encoded as an array of dots printed on a substrate together with an image. The dots of the array are substantially invisible to an average unaided human eye. The apparatus includes a light source for illuminating the substrate; a detector for receiving the illumination from...

  • System and method for searching for contact

    8 Feb 2010 | 12:13 am
    A system and method for searching for a contact by a handheld device includes creating a face database, the face database storing face images, and association of the face images with contact information, selecting an image from a photo stored in the handheld device, locating a face in the selected...

  • Image processing apparatus, image processing method and program

    8 Feb 2010 | 12:13 am
    Disclosed herein is an image processing apparatus, including an expansion section configured to expand an input image by interpolation using peripheral pixel values; a positioning section configured to carry out positioning of an expanded image obtained by expansion of the input image and an output image obtained in an immediately...

  • Resolution enhancement of video sequences with arbitrary enhancement factor

    8 Feb 2010 | 12:13 am
    Restoration based super-resolution combines a video sequence of low-resolution noisy blurred images using maximum likelihood estimation without regularization to produce a higher resolution image or video sequence up to a maximum enhancement factor r for the given video sequence. The maximum r value for a given sequence of low-resolution images...

  • Static image presentation method

    8 Feb 2010 | 12:13 am
    A static image presentation method is disclosed. The static image mentioned above has as least one human face pattern. The static image presentation method includes: firstly, identifying the human face pattern on the static image to obtain a human face pattern center and a human face pattern range; and then,...
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    patentability

  • USPTO Director Announces President Obama’s FY 2011 Budget Request for the USPTO

    Brian Fletcher
    1 Feb 2010 | 1:40 pm
    In a press release today, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos today announced President Obama’s $2.322 billion fiscal year 2011 (FY 2011) budget request for the USPTO. The president’s budget request for FY 2011 will support a five-year plan designed to enable the USPTO to achieve the strategic objectives laid out by Under Secretary Kappos and Commerce Secretary Gary Locke – a significant reduction in patent pendency periods and the existing patent inventory backlog; improvement in patent…

  • USPTO Announces Interim Procedure for Patentees to Request Patent Term Adjustment Recalculation

    Brian Fletcher
    29 Jan 2010 | 8:07 am
    The United States Patent and Trademark Office (USPTO) announced on January 28, 2010 that it will provide patentees with the ability to request a recalculation of their patent term adjustment without a fee or petition as is normally required pending completion of necessary modifications to the USPTO’s computer program for calculating patent term adjustments.  The agency expects to complete by March 2, 2010 the software modification necessary to comply with the U.S. Court of Appeals for the Federal Circuit’s recent decision in Wyeth v. Kapppos regarding the overlapping delay provision…

  • USPTO Provides Guidance For Claims Directed To Computer Readable Media

    Brian Fletcher
    29 Jan 2010 | 7:01 am
    In a notice dated January 26, 2010, the United States Patent and Trademark Office (USPTO) provided guidance for patent applicants who use claims directed to computer readable media  (also called machine readable media and similar variations).  A problem has developed in the way the USPTO and the courts have interpreted such claims, i.e., they may include non-statutory, transitory propagating signals. According to the USPTO, the broadest reasonable interpretation of a claim drawn to a computer readable medium typically covers forms of non-transitory tangible media and transitory propagating…

  • USPTO Calculations For Patent Term Adjustments Have Been Wrong

    Brian Fletcher
    12 Jan 2010 | 3:21 pm
    The U.S. Patent and Trademark Office (USPTO) has been erroneously calculating the periods of patent term adjustment for PTO delays in issuing patents, the U.S. Court of Appeals for the Federal Circuit held on January 7, 2010.  The court refused to accept the PTO’s interpretation of 35 U.S.C . 156(b)(1) for purposes of identifying “periods of delay” and “overlapping” periods of delay, pointing out that the statute contains no ambiguities that require deference. The statute provides term adjustments for two types of delay:  (A) where the PTO fails to meet particular deadlines set…

  • USPTO To Accelerate Examination of Green Tech Patents

    Brian Fletcher
    7 Dec 2009 | 8:38 am
    Inventors Digest is reporting here that the USPTO is launching a pilot program (“Green Tech”) which will permit patent applications pertaining to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction to be accorded special status and be examined on an accelerated basis. The program is designed to accelerate the development of green technology, increase America’s competitiveness in this area, promote green investment and create green jobs. We haven’t seen anything official from the USPTO yet, but this is…
 
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    Florida IP

  • Interesting insight into the minds of a patent infringement jury

    Woodrow Pollack
    14 Jan 2010 | 5:57 am
    The Prior Art caught up with 3 of the jurors who heard the i4i v. Microsoft case which resulted in an injunction against certain versions of Microsoft Word and a damage award of $290 million. Most interesting to me were these 2 observations from the jurors:First, patents carry a presumption that they are valid. The jurors were impressed with this presumption, and have a high level of confidence in what the patent office is doing.As far as Microsoft’s claim that the i4i patent at issue should be invalidated, Greer [the jury foreperson] says she didn’t buy that argument: “I really felt…

  • Microsoft Word (custom XML) injunction upheld

    Woodrow Pollack
    22 Dec 2009 | 12:12 pm
    As reported a few months ago (here, here, here, here & here), Microsoft lost a patent infringement trial to i4i for Microsoft's custom XML feature of Word. A permanent injunction was entered preventing Microsoft from selling, offering to sell, importing or using certain copies of Word with the infringing custom XML editor. The jury also awarded $200 million in damages.Earlier today, the Federal Circuit affirmed the damages award, and kept the injunction intact, except for modifying its effective date to January 11, 2010. In all other respects, the Federal Circuit affirmed (including the…

  • The North Face vs. The South Butt

    Woodrow Pollack
    18 Dec 2009 | 7:04 am
    Image via Wikipedia v. ABA Journal has an article about this interesting dispute here. James Winkelman (whom I believe is 17 years old) started selling hiking apparel under the name "South Butt." His website, http://www.thesouthbutt.com/ includes the following disclaimer:We are not in any fashion related to nor do we want to be confused with The North Face Apparel Corp. or its products sold under "The North Face" brand. If you are unable to discern the difference between a face and a butt, we encourage you to buy North Face products.The North Face has sued, under theories of trademark…

  • Keep it cool, Google

    Woodrow Pollack
    1 Dec 2009 | 5:13 am
    As reported by Slashdot this morning, Google is pursuing a patent application aimed at improvements in cooling computer systems. Entitled "Targeted Cooling or Datacenters," this applicants explain that "Power consumption is ..., in effect, a double whammy. Not only must a data center operator pay for electricity to operate its many computers, but the operator must also pay to cool the computers."As originally claimed, the application seeks to protect a method of cooling electronic equipment which includes circulating air across a number of electronic devices located in a rack, monitoring the…

  • Patent license "no challenge" clause can be enforceable, but this one was "clumsily and ineffectively constructed."

    Woodrow Pollack
    1 Dec 2009 | 4:38 am
    Alzheimer's Institute of America ("AIA") licensed certain patents to Mayo Clinic Jacksonville. Through this license, Mayo agreed "not to initiate or voluntarily participate in, or knowingly permit its Affiliates to initiate or voluntarily participate in, any action directed at undermining, invalidating, or declaring unenforceable any claims under" AIA's patents. A dispute erupted and AIA sued Mayo for patent infringement. In defense, Mayo asserted the affirmative defense of patent invalidity and counterclaimed for a declaration of patent invalidity. AIA amended its pleadings to assert a…
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    ISinIP

  • Spring IP lectures.

    thomason
    9 Feb 2010 | 5:05 am
    Per an earlier post, this Spring semester has a lot of IP to offer.  Tomorrow afternoon, 2/10, Prof. Donald Chisum will sum up some of the most significant patent cases from 2009.  Then, on Thursday afternoon, 2/11, Prof. Janice Mueller will give the Randall-Park lecture on The ‘Impossible Issue’ of Non-Obviousness in Design Patents. Both lectures are in the main courtroom at the UK Law School, Lexington, KY.

  • An Economy of Terms.

    thomason
    27 Jan 2010 | 1:40 pm
    Of late, most of my posts are on Twitter.  Work, school and play are causing me to cramp down my expressiveness to 140 characters. Check it out over at http://twitter.com/SPATLAW

  • FTC Thinks Surround Sound Comparable to Stereo.

    thomason
    20 Jan 2010 | 9:14 am
    The FTC decided, after public comment, to retain the Amplifier Rule, which is for consumers to compare power outputs of amps used in home entertainment products. http://www.ftc.gov/opa/2008/02/amp.shtm It decided there was no present reason to amend the rule due to the multi-channel home theater and surround sound systems, which now take up a lot of the market. When you bought that last amp for your home sound system, did you use the Amplifier Rule or the ‘that one sounds better than that one’ standard?

  • Way to Punch Up Your Law Practice.

    thomason
    17 Jan 2010 | 6:15 pm
    IP and patent attorneys tend to wonder how best to position their advertising.  The back, and fold-over on the phone books are taken up with ‘are you injured?’ as is most of afternoon TV. Saturday night at the Hard Rock Hotel, few knew about the super flyweight bout, but it too was sporting some lawyer advertising.  On the front of the boxing trunks of pugilist Robles, who hails from Kansas City, was embroidered “Immigration Law” below the firm name.  Now there’s an option for some TV time that few considered.

  • Remember When You First Heard “Kick Out The Jams!”

    thomason
    15 Jan 2010 | 12:42 pm
    Hey Forever 21 got sued, again, for copyright infringement - and it’s not over clothing design. It is alleged in a L.A. Federal Court complaint that F21 made and sold clothing bearing a copyrighted photo of the [to some, legendary] rock band, the MC-5. Said photo, exhibit A to said complaint, was on the F21 garment “H81Rock-N-Roll Studded Top.” That’s rock and roll with a capitol N, and in caps MC-5 (Motor City 5). Well-known rock icon photographer, Robert Matheu, intends to kick the jams out of that F21, H81 ”Studded Top.” His photo, taken in the…
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