Patents

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  • Applicant’s IDS Submission of Litigation Documents Constituted Disclaimer

    Patently-O » Patent
    Dennis Crouch
    17 Jul 2014 | 7:56 am
    By Dennis Crouch Golden Bridge Tech v. Apple (Fed. Cir. 2014) This case should be seen as a follow-on to Judge Moore’s recent decision in X2Y Attenuators v. US International Trade Commission (Fed. Cir. 2014). In both cases, Judge Moore applies the doctrine of prosecution disclaimer to limit claim scope. Here, Golden Bridge asserted two patents, U.S. Patent Nos. 6,574,267 and 7,359,427, the first of which had been previously asserted in a different case. In the prior case, Golden Bridge stipulated to a particular definition of the claim term “preamble.” (Note – the word…
  • Tesla Can Keep Its Patents (Op-Ed) - Yahoo News

    Bing: patent news
    22 Jul 2014 | 10:25 am
    From Yahoo News: Steven Rubin is a partner at Moritt Hock & Hamroff LLP where he chairs the firm's Patent Practice Group and co-chairs its Cybersecurity Practice Group.
  • Tuesday tiddlywinks

    The IPKat
    22 Jul 2014 | 2:29 am
    This Kat has recently heard from his friends at Coller IP that they've been busily preparing a report, "3D Bioprinting of human transpant organs – A patent landscape", that might be of major interest to many readers of this weblog. It's the fruit of a work experience project undertaken by Mohsan Alvi and Matthew Duckett, under the supervision of Robert Gleave, and you can read it here. It's 42 pages in total and offers a useful collection of thoughts, facts and references."Global Innovation Index 2014: Switzerland, UK and Sweden lead Rankings with Encouraging Signs from Sub-Saharan Africa"…
  • IPO Annual Meeting

    Patent Docs
    Patent Docs
    18 Jul 2014 | 8:50 pm
    The Intellectual Property Owners Association (IPO) will be holding its 42nd Annual Meeting on September 7-9, 2014 in Vancouver, Canada. Among the presentations being offered at the annual meeting are: • Recent U.S. Supreme Court Patent Case Law Update • America Invents Act (AIA) Trial Proceedings • Intellectual Property Valuation -- A Case Study • Implementation of Section 101: Alice v. CLS Bank, Myriad, Mayo and More • Patent Pro's Ideal Patent -- Or, Why We Can Never Be Happy • Corporate IP Management • Views from the Bench at the Canada-U.S. Border • How to Effectively…
  • New Patenting Guidelines Are Needed For Biotechnology

    Biocompare Patent News
    23 Apr 2014 | 4:41 am
    HOUSTON - (April 22, 2014) - Biotechnology scientists must be aware of the broad patent landscape and push for new patent and licensing guidelines, according to a new paper from Rice University's Baker Institute for Public Policy.
 
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    Techrights

  • Links 22/7/2014: Linux 3.16 RC 6, New UberStudent

    Dr. Roy Schestowitz
    22 Jul 2014 | 3:47 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Russia to Reduce Reliance on Microsoft, IBM After Sanctions Russia’s parliament is preparing new rules in a bid to cut its reliance on foreign technology suppliers after U.S. sanctions against some of the country’s largest companies, a move that could hurt sales at vendors such as Microsoft Corp. (MSFT) and International Business Machines Corp. (IBM) The State Duma, Russia’s lower house of parliament, is drafting a bill to require government agencies and state-run enterprises to give…
  • Links 20/7/2014: Jolla in India, Mega Censored in Italy

    Dr. Roy Schestowitz
    20 Jul 2014 | 2:53 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Kernel Space Linus Torvalds’ Workspace Is Nothing Like I Imagined (Video) As part of an ongoing video series from The Linux Foundation you can now nosey at the desk and work ethic of Linus Torvalds, the creator of Linux. In the short 4 minute clip you’ll learn what he keeps on his desk, what he gets up to between kernel releases and witness him use a contraption called the ‘zombie shuffling desk‘. Linus Torvalds’ Home Office Is Definitely Messier Than Yours It doesn’t matter how…
  • Longtime Mono Booster Joins Microsoft-linked Xamarin

    Dr. Roy Schestowitz
    20 Jul 2014 | 3:08 am
    Summary: Jo Shields almost joins Microsoft, settling instead for its proxy, Xamarin The most notoriously foul-mouthed Mono booster is joining Xamarin, which is funded by Microsoft-linked sources and enjoying an alliance with Microsoft, trying to spread Microsoft to everything. As put by Mr. Shields himself, he got “a job offer 3 months ago from my long-time friend in Open Source, Miguel de Icaza. Monday morning, I fly out to Xamarin’s main office in Boston, for just over a week of induction and face time with my new co workers, as I take on the title of Release Engineer.” Enjoy…
  • Linux Foundation Welcomes Patent Aggressor Red Bend Software

    Dr. Roy Schestowitz
    20 Jul 2014 | 2:44 am
    Summary: The Linux Foundation’s AllSeen Alliance welcomes as a member a company that uses software patents to sue Free/Open Source software THE improperly-named AllSeen Alliance recently let Microsoft in, immediately discrediting itself. But it’s not just FOSS foes, proprietary software giants, patent trolls and software patent lobbyists that are among the AllSeen Alliance’s members. It’s even a company that sued Chrome using software patents. It seems like growth for the sake of quantity — not quality — is what the AllSeen Alliance is after. Since the…
  • Matt Levy From Patent Progress (and CCIA) Does Not Really Want Patent Progress

    Dr. Roy Schestowitz
    20 Jul 2014 | 2:31 am
    Matt Levy works for CCIA (occasionally a Microsoft proxy) now Summary: Matthew (‘Matt’) Levy moved into a foe of patent progress last year, but he still runs a site calls Patent Progress, in which he diverts all attention to patent trolls (as large corporations such as Microsoft like to do) WE ARE excited to see that after the USPTO had begun rejecting software patents and CAFC had ruled against 'abstract' software patents (owing to SCOTUS) there was impact by extrapolation. As TechDirt puts it, “Latest CAFC Ruling Suggests A Whole Lot Of Software Patents Are Likely…
 
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    Biocompare Patent News

  • PBL Awarded Two Further US Patents On Short RNAi Molecules

    18 Jul 2014 | 5:06 am
    Plant Bioscience Limited (PBL) is pleased to announce that the United States Patent and Trademark Office (USPTO) has issued US Patent No. 8,759,102 and US Patent No. 8,779,236 with fundamental claims directed to RNAi in cells and organisms to effect gene silencing.
  • Cold Spring Harbor Laboratory Announces Settlement In Patent Malpractice Case Against Ropes & Gray

    2 Jun 2014 | 10:18 pm
    CSHL ramps up licensing of its short-hairpin RNA technology already used widely in cancer research and drug development.
  • USA, Europe And Japanese Patent Offices Turn On Hevylite® Switch

    5 May 2014 | 9:24 am
    Binding Site is delighted to announce the approval of their patent application for their Hevylite® assays, novel laboratory blood tests that enable measurement of intact immunoglobulin heavy/light chains, e.g. IgGκ or IgGλ, in serum. Measurement of immunoglobulin heavy/light chains allows, for the first time, accurate calculation of immunoglobulin heavy/light chain ratios, e.g. IgGκ/IgGλ, an inventive step recognised by Patent Offices in the USA, Europe and Japan.
  • New Patenting Guidelines Are Needed For Biotechnology

    23 Apr 2014 | 4:41 am
    HOUSTON - (April 22, 2014) - Biotechnology scientists must be aware of the broad patent landscape and push for new patent and licensing guidelines, according to a new paper from Rice University's Baker Institute for Public Policy.
  • Foamix Announces The Issuance Of Five Additional U.S. Patents

    21 Apr 2014 | 10:28 pm
    Foamix, a clinical-stage, specialty pharmaceutical company, focused on the development, patenting and commercialization of proprietary topical foams and the first topical minocycline/doxycycline antibiotics to address unmet needs in dermatology, today announced that the United States Patent and Trademark Office ("USPTO") has issued five new patents covering its technologies. Foamix now has a total of 25 issued United States Patents, 61 issued worldwide and 126 patents pending.
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    The IPKat

  • U.S. Representatives Hear about Droit de Suite and Droit Moral

    22 Jul 2014 | 2:27 pm
    This portfolio should be enough to put you through college, my sonThe U.S. House of Representatives Subcommittee on Courts, Intellectual Property and the Internet, held a Hearing on July 15 on “Moral Rights, Termination Rights, Resale Royalty, and Copyright Term.” I jumped at the opportunity to write about it, as the hearing gave me a chance to pepper my post with famous French copyright expressions such as droit de suite, joie de vivre, and droit moral.Resale Royalty, or droit de suite for us béret-wearing IP attorneys, is the right for artists to profit financially from the subsequent…
  • AG Villalón's parthenotes Opinion in IMC could provide stem cell research certainty (at least for now...)

    22 Jul 2014 | 4:57 am
    Now only if  we could clone Kats....Following from the IPKat's alert last week of the Advocate General's Opinion in the reference from Henry Carr QC (sitting as Deputy Judge of the High Court) [not Mr Justice Arnold, as previously indicated] in International Stem Cell Corporation v Comptroller General of Patents, Shohta Ueno, Associate with Allen & Overy's IP Litigation team in London, helpfully summarizes the key points of the AG's Opinion and predicts whether the CJEU will follow suit:On 17 July 2014, Advocate General Cruz Villalón delivered his Opinion in Case…
  • Tuesday tiddlywinks

    22 Jul 2014 | 2:29 am
    This Kat has recently heard from his friends at Coller IP that they've been busily preparing a report, "3D Bioprinting of human transpant organs – A patent landscape", that might be of major interest to many readers of this weblog. It's the fruit of a work experience project undertaken by Mohsan Alvi and Matthew Duckett, under the supervision of Robert Gleave, and you can read it here. It's 42 pages in total and offers a useful collection of thoughts, facts and references."Global Innovation Index 2014: Switzerland, UK and Sweden lead Rankings with Encouraging Signs from Sub-Saharan Africa"…
  • Precedent III - is it res judicata?

    21 Jul 2014 | 10:32 am
    This is the third and, the IPKat expects, final post in this reflective series considering the role of “precedent” at the European Patent Office (EPO).  The previous two posts (here and here) have attracted considerable comment, much of which is worthwhile reading. There is however always more to say and an aspect that has not so far been covered, although it has arisen in some of the comments, is the issue of res judicata and how it differs from precedent.  Since the aim of this series of posts has been to try to step outside of the framework of any individual system of…
  • Ten million! Thanks so much ...

    21 Jul 2014 | 6:35 am
    This morning the IPKat weblog's Google page-view counter (which readers may have noticed in the sidebar on the left-hand side of the IPKat's home page) reached the magical, if admittedly arbitrary, figure of 10,000,000.  The Kat, together with Merpel, just wanted to take this opportunity to say another big "thank-you" to their readers from all around the world who have kept on visiting their blog and whose comments, criticisms and witticisms have both educated them and enriched their understanding of IP and how it works.Thanks are also due to the many regular and guest Kats past and…
 
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    Patent Docs

  • USPTO Seeks Public Input on Application Pendency

    Patent Docs
    21 Jul 2014 | 9:52 pm
    By Donald Zuhn -- Earlier this month, the U.S. Patent and Trademark Office published a notice in the Federal Register (79 Fed. Reg. 38854) requesting comments from the public regarding optimal patent first action and total pendency target levels. The Office noted that the current targets for first action and total pendency, which were established with stakeholder input in the USPTO 2010–2015 Strategic Plan, were ten months and twenty months, respectively. The Office defines average first action pendency (or average first office action pendency) as the average number of months from the…
  • Software Sector Leads Pack in 2Q Venture Funding and Biotech Sector Finishes Second

    Patent Docs
    20 Jul 2014 | 9:59 pm
    By Donald Zuhn -- Last week, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the second quarter of 2014. The report, which is prepared by the NVCA and PriceWaterhouseCoopers LLP using data from Thomson Reuters, indicates that venture capitalists invested $12.968 billion in 1,114 deals in the second quarter, which constituted a 34% increase in dollars and a 13% decrease in deals as compared with the first quarter of 2014, when $9.710 billion was invested in…
  • Conference & CLE Calendar

    Patent Docs
    20 Jul 2014 | 9:41 pm
    July 20-22, 2014 - 2014 Annual Meeting & Conference (National Association of Patent Practitioners) - Alexandria, Virginia July 22, 2014 - "America Invents Act: Patent Strategies and Reforms Counsel Needs to Know" (Commercial Law WebAdvisor) - 1:00 to 2:30 pm (Eastern) July 23, 2014 - "Inter Partes Reviews of Pharmaceutical Patents: Understanding How IPRs are Changing the Landscape of Innovator/Generic Litigation" (Intellectual Property Owners Association) - 2:00 to 3:00 pm (ET). July 24, 2014 - "Protecting IP Rights After Limelight Networks v. Akamai: Implications for Divided Patent…
  • IPO Webinar on Inter Partes Reviews of Pharmaceutical Patents

    Patent Docs
    20 Jul 2014 | 9:38 pm
    The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Inter Partes Reviews of Pharmaceutical Patents: Understanding How IPRs are Changing the Landscape of Innovator/Generic Litigation" on July 23, 2014 beginning at 2:00 pm (ET). Paul Golian of Bristol-Myers Squibb Co. will moderate a panel consisting of Aaron Barkoff of McAndrews, Held & Malloy, Ltd.; Grantland Drutchas of McDonnell Boehnen Hulbert & Berghoff LLP; and Michael Fuller of Knobbe, Martens, Olson and Bear, L.L.P, which will focus on the rapidly increasing use of IPRs to invalidate…
  • IPO Annual Meeting

    Patent Docs
    18 Jul 2014 | 8:50 pm
    The Intellectual Property Owners Association (IPO) will be holding its 42nd Annual Meeting on September 7-9, 2014 in Vancouver, Canada. Among the presentations being offered at the annual meeting are: • Recent U.S. Supreme Court Patent Case Law Update • America Invents Act (AIA) Trial Proceedings • Intellectual Property Valuation -- A Case Study • Implementation of Section 101: Alice v. CLS Bank, Myriad, Mayo and More • Patent Pro's Ideal Patent -- Or, Why We Can Never Be Happy • Corporate IP Management • Views from the Bench at the Canada-U.S. Border • How to Effectively…
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    Patently-O » Patent

  • SEC Charges Company with Fraudulently Lying about its Patents

    Dennis Crouch
    22 Jul 2014 | 11:53 am
    Securities & Exchange Commission v. Christopher Plummer, Lex Cowsert, and CytoGenix, SEC Litigation Release No. 23047 (July 2014) In a new lawsuit, the SEC has charged Plummer, Cowsert, and CytoGenix with fraud on investors by issuing false press releases associated with influenza vaccine development when the company was actually a complete failure and had “lost all of its patents” in a prior lawsuit. The lawsuit charges Plummer as a “serial con artist” who is already serving jail time for an unrelated fraud. [Read the Complaint] At one time, CytoGenix did appear…
  • Federal Circuit: Administrative Agencies Can Make Rules, But Must Also Follow Them

    Dennis Crouch
    21 Jul 2014 | 10:54 am
    by Dennis Crouch Align Tech v. USITC (Fed. Cir. 2014) This Section 337 appeal is largely focused on the civil procedure associated with litigating cases before the United States International Trade Commission (USITC). In general, Section 337 investigations are conducted by administrative law judges (ALJs) who are employed by the USITC to determine various issues. ALJ decisions are then reviewed by USITC Commission itself (a six-member panel appointed by the president). The Commission does not, however, review mere “initial determinations” made by ALJs but rather awaits…
  • Jurisdiction over Contempt Finding

    Dennis Crouch
    20 Jul 2014 | 8:35 pm
    By Dennis Crouch Arlington Industries, Inc. v. Bridgeport Fittings, Inc. (Fed. Cir. 2014) Back in 2002, Arlington sued Bridgeport for infringing its patent covering a method of snap-fit electrical connectors. U.S. Patent No. 6,335,488. The parties settled that case in 2004 and the court issued a decree permanently enjoining Bridgeport from making certain products or their “colorable imitations.” Bridgeport then re-designed its product but not to Arlington’s liking. However, on motion, the district court agreed held Bridgeport in contempt – finding that the new design was…
  • Applicant’s IDS Submission of Litigation Documents Constituted Disclaimer

    Dennis Crouch
    17 Jul 2014 | 7:56 am
    By Dennis Crouch Golden Bridge Tech v. Apple (Fed. Cir. 2014) This case should be seen as a follow-on to Judge Moore’s recent decision in X2Y Attenuators v. US International Trade Commission (Fed. Cir. 2014). In both cases, Judge Moore applies the doctrine of prosecution disclaimer to limit claim scope. Here, Golden Bridge asserted two patents, U.S. Patent Nos. 6,574,267 and 7,359,427, the first of which had been previously asserted in a different case. In the prior case, Golden Bridge stipulated to a particular definition of the claim term “preamble.” (Note – the word…
  • Studying the Mongrel: Why Teva v. Sandoz Won’t Solve Claim Construction

    Jason Rantanen
    15 Jul 2014 | 2:17 pm
    Guest post by Heather F. Auyang, Senior Counsel at LTL Trial Attorneys in San Francisco, California. The views and opinions expressed herein are those of the author and do not reflect the views or opinions of LTL Trial Attorneys. This is the Teva-update to last summer’s Patently-O Guest Post titled “Why Lighting Ballast Won’t Solve Claim Construction” (http://patentlyo.com/patent/2013/07/guest-post-why-lighting-ballast-wont-solve-claim-construction.html), which discussed two then-recently published empirical studies – a study of “close cases” (analyzing…
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    The Invent Blog

  • What is the most current Java version for EFS-Web/Private PAIR?

    stevenipper
    8 Jul 2014 | 8:05 am
    According to an email I received from an agent at the USPTO Electronic Business Center earlier today (8 July 2014) – Java Version 7, Update 60 is the most currently supported version. How do you tell which version you have installed? PC – go to Settings, then Control Panel, and select Java. On the “General” tab, select “About.” OSX – go to System Preferences, and select Java. On the “General” tab, select “About.” How do you update Java? Go to http://java.com/download When installing the update, keep an eye out for the option…
  • Gmail users should check their SPAM folder for USPTO email

    stevenipper
    24 Apr 2014 | 1:59 pm
    Gmail (and Google Apps) users beware! Gmail’s spam filter has been flagging official email from the USPTO as spam. Email flagged as spam skips your inbox and is labeled with a “SPAM” label. That could be disastrous to your docketing plans… In case a reminder is necessary: everyone in your office needs to check their spam folder immediately. Note: it is a good practice to search your spam folder regularly for the magic words “patent” and “trademark” anyway… Here’s how to prevent this issue from happening again. First, search Gmail for…
  • Resource of Note: Legalarium’s TTAB Quotes

    stevenipper
    21 Apr 2014 | 8:33 am
    A great resource I recently stumbled on is Legalarium’s “Categorized Quotes From Trademark Trial and Appeal Board Decisions Since 1998.” The quotes are even broken down by topic. For instance, if you need an overview on everything the TTAB as said about “primarily merely a surname” rejections, there is a page for that. The site is run by patent attorney Bradley J. Levang.
  • Java 8, EFS-Web and Private PAIR

    stevenipper
    18 Mar 2014 | 11:47 am
    Per an email notice from the USPTO dated 2014-03-18: EFS-WEB and Private PAIR Compatibility with Java 8 Oracle has announced that the first version of Java 8 will be released on Tuesday, March 18, 2014. This version will not be an automatic update, however if you install Java 8 and encounter authentication issues, you will need to revert to Java 7 Update 51. USPTO technical teams are coordinating closely with Oracle and Entrust for a solution. Contact the Patent EBC at 1-866-217-9197 (toll-free) or ebc@uspto.gov if you need further assistance.
  • Pardon the mess…

    stevenipper
    24 Nov 2013 | 3:25 pm
    Please pardon the mess while we work on The Invent Blog 2.0, and some other new blog projects including The Art of IP blog (http://blogs.bnip.com/aip/).
 
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    Patent Prospector

  • §101 Profile

    13 Jul 2014 | 2:28 am
    6,128,415 claims a device profile to rid digital image distortion. The courts found it patent ineligible for being an abstraction. The CAFC (2013-1600): "For all categories except process claims, the eligible subject matter must exist in some physical or tangible form." The noose tightens on patenting software.
  • Essential

    9 Jul 2014 | 3:11 pm
    The U.S. courts have done their best to limit patent scope and validity within the past decade, in reponse to corporate complaint. The sensible formula of writing a specification in problem-solution form turned into a formula for obviousness without evidence after KSR. In X2Y Attenuators v. ITC (2013-1340), the CAFC affirms another trick: terming a feature as "essential" in the disclosure limits any claim to that feature to the embodiment specifically disclosed. X2Y also created a corrupt precedent, in allowing any claim limitations in earlier applications to leak into a later CIP without…
  • Down The Rabbit Hole

    19 Jun 2014 | 9:50 am
    The Supreme Court affirmed the CAFC in invalidating financial patents in Alice v. CLS Bank under §101. "The claims at issue are drawn to the abstract idea of intermediated settlement, and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention." Reading between the plutocratic lines, any claim to computerized finances is going to prove unenforceable. The courts are simply not going to allow financial institutions to be pickpocketed by clever patentees.
  • Drug Obviousness

    13 Jun 2014 | 3:56 pm
    The CAFC, like other courts, decides how to rule, then fits the law to suit the ruling. The same judges on a CAFC panel that were at diametric ends over the same issue in Allergen v. Apotex were happy to affirm an obviousness finding of the district court in Bristol-Myers Squibb v. Teva. In doing so, it summarized case law in this area, if only in this case. Bristol-Myers Squibb v. Teva (CAFC 2013-1306) precedential; Judges Prost, Plager, and Chen (author) The court begins with the standard disclaimer that it does as it damn well pleases. Obviousness is a question of law with underlying…
  • Obzilla Amok

    12 Jun 2014 | 9:15 am
    The CAFC continues its rampage against the rule of law. In Allergan v. Apotex (CAFC 2013-1245), a panel finds obviousness over the very reference the USPTO carefully considered (Johnstone), finding the reference "does not teach away," and that "there was nothing left for a chemist to do." In dissent, Judge Chen notes: "This is not a situation in which there are a finite number of identified, predictable solutions. Rather, the single sentence in Johnstone actually proposes hundreds of thousands, or even millions, of variations." Thus, the panel majority - new Chief Judge Prost and Judge Reyna…
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    Dear Rich: Nolo's Intellectual Property Blog

  • Collage of 1950s Magazines: Fair Use?

    The Dear Rich Staff
    22 Jul 2014 | 6:00 am
    Dear Rich: I want to photograph a collage of magazines from the 1950s and reproduce it in a book about the ‘50s. Does this count as fair use – transformative? Putting aside our usual boilerplate response -- fair use can only be determined by a judge or arbitrator -- we think your use is likely to qualify. Our conclusion is based on a few fair use cases: In Warren Publishing Co. v. Spurlock, a Pennsylvania court ruled that it was fair use to reproduce covers of several out-of-print monster magazines from the 1950s, ’60s, and ’70s. The covers were used in a biography of the cover…
  • Am I Infringing My Client's Newsletter?

    The Dear Rich Staff
    21 Jul 2014 | 6:00 am
    Dear Rich: 1) I am an Independent Contractor and web/graphic designer, and my client thinks that I have appropriately shared proprietary information. Do electronic newsletters constitute proprietary information? 2) I forwarded several emails newsletters at the request of a former employee and friend with whom I had collaborated on the newsletter design. Did I unlawfully share a proprietary work? 3) Does my client own full copyright to the electronic newsletter which I designed? 4) Does usage of the newsletter in a portfolio violate any copyright laws? We think the answers are…
  • How Many Seconds From TV Show?

    The Dear Rich Staff
    16 Jul 2014 | 6:00 am
    Dear Rich, I would like to ask you how long/how many seconds we can use from movies and, well any video material. I think the answer is like 5 seconds or something. What I mean is that can we mix in with our own material with some material that is copyrighted? I am building a 'TV intro' to be used on my website that is an upcoming Online Business Incubator. I live in Sweden. It would be so great if there were a "five-second rule" or something similar. Alas, any assurance of safety based on the number of seconds borrowed is a myth. The same is true for the so-called "8-bar" and…
  • Can State Department Employee Modify Meme?

    The Dear Rich Staff
    15 Jul 2014 | 6:00 am
    Dear Rich: I work at the U.S. State Department and I was wondering if you had any references on government agencies’ fair use? For example, if we were to take a Game of Thrones meme (w/a quote) and replace the character’s face with a Russian official, titling it “Russia’s Foreign Policy?” we are not parodying Game of Thrones per se, but we are criticizing the Russian government’s actions by modifying a well-known meme. There is ostensibly no “market” for this product. It is criticism of a policy. Does this qualify as Fair Use? In a straight rule-following world,…
  • Do I Sign Solo Artist, Band, or Both?

    The Dear Rich Staff
    13 Jul 2014 | 6:00 am
    Dear Rich: I recently started a music production business and I am in the process of signing a new artist as his manager. I have some questions regarding the contract between myself and the artist. He has a solo singer-songwriter act and a small band, that I will oversee. Do I need two separate contracts, as a manager for both his band and his solo act? He has agreed to a five album term instead of year by years contract. Can I change the terms of the contract, in your Music Law book, as we both agree on our terms? If the solo artist and the band operate as two separate entities, you…
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    Latest Patents

  • Amazon patents granted on 22 July 2014

    Administrator
    22 Jul 2014 | 3:18 pm
    15 US patents granted on 22 July 2014 and assigned to Amazon 1 8,789,208 Methods and apparatus for controlling snapshot exports 2 8,789,176 Detecting scans using a bloom counter 3 8,788,977 Movement recognition as input mechanism 4 8,788,945 Automatic approval 5 8,788,944 Personalized mobile device application presentation using photograph-based capability detection 6 8,788,885 Intermediary for testing content and applications 7 8,788,671 Managing content delivery network service providers by a content broker 8 8,788,663 Managing resource dependent workflows 9 8,788,379 Providing configurable…
  • Apple patents granted on 22 July 2014

    Administrator
    22 Jul 2014 | 3:17 pm
    40 US patents granted on 22 July 2014 and assigned to Apple 1 8,789,037 Compatible trust in a computing device 2 8,788,988 Managing consistency of multiple-source fabrication data in an electronic design environment 3 8,788,963 Scrollable preview of content 4 8,788,954 Web-clip widgets on a portable multifunction device 5 8,788,922 Error correction codes for incremental redundancy 6 8,788,906 Memory device with internal signal processing unit 7 8,788,890 Devices and methods for bit error rate monitoring of intra-panel data link 8 8,788,886 Verification of SoC scan dump and memory dump…
  • Canon patents granted on 22 July 2014

    Administrator
    22 Jul 2014 | 3:17 pm
    98 US patents granted on 22 July 2014 and assigned to Canon 1 8,789,137 Data processing device 2 8,788,936 Information processing apparatus and method 3 8,788,699 Information processing apparatus and document data producing method 4 8,788,594 Data processing apparatus and data processing system 5 8,788,509 Method and device for coding a hierarchized document 6 8,788,095 Object grasping control method and apparatus 7 8,787,815 Sheet conveying apparatus and image forming apparatus 8 8,787,814 Image forming apparatus 9 8,787,812 Image forming apparatus 10 8,787,810 Fixing rotating member and…
  • eBay patents granted on 22 July 2014

    Administrator
    22 Jul 2014 | 3:16 pm
    5 US patents granted on 22 July 2014 and assigned to eBay 1 8,789,158 Using clock drift, clock slew, and network latency to enhance machine identification 2 8,789,157 Hybrid cloud identity mapping infrastructure 3 8,789,019 Orthogonal experimentation in a computing environment 4 8,788,411 RFID payment system 5 8,788,371 Personalized search widgets for customized user interface
  • Fujitsu patents granted on 22 July 2014

    Administrator
    22 Jul 2014 | 3:16 pm
    37 US patents granted on 22 July 2014 and assigned to Fujitsu 1 8,789,054 Scheduling policy for efficient parallelization of software analysis in a distributed computing environment 2 8,789,044 Network system, management server, and virtual machine deployment method 3 8,789,002 Method for manufacturing semiconductor device on the basis of changed design layout data 4 8,788,992 Circuit design support method, circuit design support apparatus, and computer product 5 8,788,856 Control apparatus and method 6 8,788,840 Secure processor 7 8,788,780 Signal restoration circuit, latency adjustment…
 
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    Intellectual Property RSS Feed | JD Supra Law News

  • Serie A media rights: end of the story?

    DLA Piper - IP Technology in Italy
    22 Jul 2014 | 6:11 pm
    As you may well be aware, Lega Nazionale Professionsti Serie A (the Italian top-tier soccer league) football rights have not yet been fully licensed. Whilst we are waiting for the results of the additional tender for the so called Package C and...By: DLA Piper - IP Technology in Italy
  • European Commission's Actions to Better Protect and Enforce Intellectual Property Rights

    White & Case LLP
    22 Jul 2014 | 6:07 pm
    Although the number of registrations of European Patents, Community Trademarks and Community Designs more than doubled between 2003 and 2012, the high numbers of infringements of intellectual property rights (IPRs) harm this positive trend....By: White & Case LLP
  • Medical Devices: recent developments in the UK and the US

    Baker Botts
    22 Jul 2014 | 5:28 pm
    As it becomes harder for rights holders to control the flow of infringing medical products, Baker Botts’ Neil Coulson and Mark Whitaker review developing case law on both sides of the Atlantic. Whether a company develops physical tools for medical...By: Baker Botts
  • ITC Section 337 Update – July 2014

    King & Spalding
    22 Jul 2014 | 5:23 pm
    Commission Enforcing General Policy In Favor Of Transparency With Respect To Settlement Agreements – On July 7, 2014, Administrative Law Judge E. James Gildea issued Order No. 66 in Certain Integrated Circuit Devices And Products Containing The...By: King & Spalding
  • Copyright Office: Aereo Likely Not A Cable Company

    Foley Hoag LLP - Trademark, Copyright &
    22 Jul 2014 | 5:08 pm
    We previously reported on the Supreme Court’s recent decision on June 25, 2014 that Aereo, Inc.’s internet television service infringed the copyright of the programs being transmitted by the service. In holding that Aereo was doing more than simply...By: Foley Hoag LLP - Trademark, Copyright &
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    Florida IP

  • Expert Lied On The Stand - New Trial, Right?

    Woodrow Pollack
    15 Jul 2014 | 5:12 am
    No. Rembrandt Vision Technologies sued Johnson & Johnson Vision Care for alleged infringement of U.S. Patent No. 5,712,327.  During a two-week jury trial, the Court granted judgment as a matter of law in favor of Defendant based on defects in one of the Plaintiff's expert's testimony.  The jury had also found in Defendant's favor.  After the jury ruled against it, Plaintiff filed a motion asking for discovery and to reopen the case because one of Defendant's expert's had apparently lied on the stand -- he said he conducted a test when he had not personally done so and he…
  • Red Hot Trailers vs. Real Hot Trailers

    Woodrow Pollack
    11 Jul 2014 | 6:30 am
    Right Trailers, Inc. holds U.S. Trademark Registration No. 4,327,039 for the mark "RED HOT TRAILERS."  Southern Wholesale Trailers and RVs put up a wooden sign outside their business that read "Red Hot Trailers."  In response to a cease and desist from Right Trailers, Southern Wholesale changed the sign to read "Real Hot Trailers."  The font for both signs was a cursive-like font.  Right Trailers sent another cease and desist stating that the "new" name looked the same and was still likely to yield consumer confusion.  Southern Wholesale refused to change the sign.
  • Preliminary Injunction - David vs. Goliath

    Woodrow Pollack
    8 Jul 2014 | 8:11 am
    Conair Corporation has substantial rights to U.S. Patent Nos. 8,607,804 and 8,651,118 (and its subsidiary owns Design Patent D696,456) relating to a hair styling device.  Conair sold approximately one million of these devices in 2013 and projects that it will sell approximately two million this year (2014).  Barbar, Inc apparently made 2,500 hair styling devices that bear a resemblance to Conair's.  On May 30, 2014, Conair sought a temporary restraining order to prevent Barbar from displaying the allegedly infringing device at a trade show in Orlando the next day.  The…
  • Quashing a John Doe Subpoena To Protect Your Privacy?

    Woodrow Pollack
    30 Jun 2014 | 4:29 am
    Nope.  Malibu Media owns a library of adult films (and the associated copyrights) and sells access to its members for a monthly (or yearly) fee.  80,000 users per month access its films without paying using sites like BitTorrent.  So there is a fair amount of litigation throughout the federal courts where Malibu Media seeks recovery for copyright infringement.  Through its investigations, Malibu can find out the IP address of the alleged infringer, but needs to get to a person to figure out whom to sue.  So they sue John Doe, and file a motion asking for permission to…
  • Is "Pods" generic for promoting self storage goods and services?

    Woodrow Pollack
    26 Jun 2014 | 5:30 am
    We'll have to let the experts opine on that question.  U-Haul is using the words "pod" and "pods" on its website to attract web traffic.  PODS Enterprises, Inc. ("PEI") owns a number of federal trademark registrations for PODS (and associated designs).  See Registration Nos. 2,365,848, 3,011,459, 3,666,828, and 3,689,446.  PEI sued U-Haul for trademark infringement.  (U-Haul has sought cancellation of the four registrations).In its defense in the litigation, U-Haul is arguing that "pods" is generic for portable containers used in transportation and storage of goods.
 
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    Patexia Rss Feed

  • Anyone up for a water balloon fight?

    22 Jul 2014 | 3:02 pm
    This may be the greatest invention in the history of water balloons | The Verge If you've ever had the pleasure of participating in a water balloon fight, you will concur that the most frustrating part of battle is reloading. You think you've got an uninflated balloon securely...
  • Apple Granted iWatch Patent

    22 Jul 2014 | 8:35 am
    Apple was granted a patent for a wrist-worn wearable with augmented strap capabilities, support for arm and wrist gestures, advanced proximity-sensing circuitry, etc. Is this Apple's new iWatch? - Jul. 22, 2014 The United States Patent and Trademark Office has granted Apple a patent for a smartwatch.
  • Microsoft Patents Augmented Reality Glasses

    22 Jul 2014 | 8:20 am
    Microsoft filed a patent application titled "Wearable Behavior-Based Vision System" earlier this week. The patent is for a pair of augmented reality smart glasses, similar to Google Glass, that can recognize objects and predict the behavior of them (e.g. figuring out which direction a car is traveling and alerting the wearer of possible threats based on their location). Microsoft patents augmented reality glasses that recognize items
  • iPhone 5 Facing Speech Recognition Patent Infringement Suit

    21 Jul 2014 | 9:24 pm
    Court documents filed the weekend of July 18 by Texas-based Cedatech Holdings LLC allege Apple infringes on Cedatech’s 2010 patent No. 7,707,591, titled “Integration of Audio or Video Program with Application Program.” Apple iPhone 5 Facing Speech Recognition Patent Infringement Suit Apple is facing a new lawsuit for allegedly infringing on a patent covering speech recognition technology.
  • Patent licensing company launches campaign against demand letters

    18 Jul 2014 | 8:23 am
    Patent licensing company launches campaign against demand letters | WashingtonExaminer.com PLANO, Texas (Legal Newsline) – A Texas-based patent licensing company is taking aim at “extortionist” demand letters sent by so-called patent “trolls.” On Monday, Conversant Intellectual Property Management launched what it describes as an “educational campaign” against the use of the letters. It contends the letters are “victimizing” thousands of small and...
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    Arizona IP Attorney » Blog

  • Hershey’s Sues Seattle Pot Co-Op for Trademark Infringement

    JacksonWhite Law
    17 Jul 2014 | 1:20 am
    Hershey’s recently filed a lawsuit against a Seattle marijuana cooperative. Hershey’s claims this marijuana cooperative is selling cannabis products that resemble names and designs of their company. These include “Reefers Peanut Butter Cups” and “Kush Peanut Butter Cups,” imitating Reese’s Peanut Butter Cups, and “Mr. Dankbar,” imitating Mr. Goodbar.  The Hershey Company filed a complaint and claimed these actions have “tarnished” the chocolate company. A lawsuit for trademark infringement and dilution has been filed in the U.S. District Court. Because the products look…
  • Ikea Fights Fan Website over Trademark

    JacksonWhite Law
    15 Jul 2014 | 4:00 am
    Ikea does not play around when it comes to others using their trademark as seen recently with a dispute they had with an operator of a site called IKEAhacker.net. Ikeahacker.net Only a Fan of Ikea The operator of ikeahacker.net, Mei Mei “Jules” Yap, created ikeahacker.net in 2006 as a fan website.  It focuses on transforming Ikea’s products to be used in different ways. It’s considered one of the top leading fan websites for Ikea and, according to Yap, began to generate a thousand followers a month.  Yap said that it was costly to have a website while work a full-time job especially…
  • Carly Rae Jepsen and Owl City are Having a “Good Time”

    JacksonWhite Law
    10 Jul 2014 | 1:00 am
    In October of 2012, Carly Rae Jepsen and Adam Young of Owl City were sued for copyright infringement by Allyson Burnett. Burnett claimed their song, “Good Time,” was stolen from her song “Ah, It’s A Love Song” (released in 2010). After a long investigation, Burnett dropped the lawsuit against the 28-year-old Canadian singer. This extensive investigation confirmed “Good Time” was an original track. “Good Time” made it to the Billboard Hot 100 chart, where it debuted at number 18 and rose to number 8. It is proposed that Owl City will earn more than $500,000 in disputed ASCAP…
  • Forbes’ Must-Dos for Protecting Intellectual Property

    JacksonWhite Law
    8 Jul 2014 | 1:00 am
    Often times, companies think about their intellectual property when it is too late, which can lead to IP skeletons in the closet. For example, most founders create their business on the side while working a day job. These individuals forget to read their full-time job contract and employment agreement. This can be detrimental because the contract could state the current employer owns everything created while working for them. This is just one example of the many mistakes individuals can make when they fail to understand IP law. Forbes recently released 4 things individuals should do to…
  • Tesla Doesn’t Need Patents|Intellectual Property

    JacksonWhite Law
    3 Jul 2014 | 4:00 am
    The CEO of Tesla Motors, Elon Musk, wrote a blog on June 12, 2014 on Tesla’s website that announced that they would join the open source movement and not have patents for their vehicles. Tesla Motors has created a new car that is electronic and doesn’t burn hydrocarbons or gasoline. But wouldn’t Tesla be concerned about protecting its product from larger manufacturers? Background for Decision According to the blog, Musk wrote that when he worked for Zip2, he believed that patents were important. But he learned that they “stifled progress.” He said that “receiving a patent really…
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