Patents

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  • Patent News™ - IntellectualPropertyNews.com

    Bing: patent news
    28 Mar 2015 | 7:06 pm
    IPNews® - Nike Golf’s new patent may allow golfers to enjoy more accuracy in their game through constant data created by the ball. Over the past few years, a ...
  • Big brand theory for professors Brian Cox and Stephen Hawking who trademark ... - Daily Mail

    IP Newsflash - intellectual property news within the last 24 hours
    29 Mar 2015 | 12:00 am
    found 18 h ago on news.google.com
  • Million Dollar Mistake? The Cost of Limiting or Canceling IP Rights

    Patently-O » Patent
    Dennis Crouch
    29 Mar 2015 | 8:53 am
    Guest post by  Cynthia M. Ho, Clifford E. Vickrey Research Professor, Loyola University of Chicago School of Law. Philip Morris and Eli Lilly think that they are entitled to millions in compensation from countries that limit or deny desired intellectual property rights.  These companies are the first to challenge IP issues pursuant to international agreements protecting investments of foreign companies. However, they join a trend of companies increasingly suing states before a panel of private arbitrators pursuant to investor-dispute settlement (ISDS).  The substantial financial stakes may…
  • Left Shark has Katy Perry’s Legal Team Swimming in Circles

    Arizona IP Attorney » Blog
    JacksonWhite Law
    10 Mar 2015 | 11:41 am
    Everyone who tuned into the Super bowl witnessed the Half-Time show featuring Katy Perry. While Katy may have been the star, according to social media accounts across the nation, “Left Shark” stole the show. It didn’t take long for one small business owner, Fernando Sosa, to jump on the smiling shark’s success. He currently sells Left Shark figurines. Perry’s legal representatives are not happy. In fact, they sent a cease-and-desist demanding Sosa to stop selling the figurines. Originally Fernando planned to comply with the letter and pull his figurines off the shelf. But something…
  • Request for Directed Verdict -- Is "Pods" Generic?

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

  • Inventor victorious in nectar mixer patent battle - Albuquerque Journal

    29 Mar 2015 | 11:17 pm
    Albuquerque JournalInventor victorious in nectar mixer patent battleAlbuquerque JournalThe patent goes before a board that determines whether or not the invention should be patented, then a decision is reached and the inventor has the opportunity to appeal. That's where things got complicated for Sandia Park inventor Arnold Klein.
  • The Air Jordan 11Lab4 in Red Patent Leather - Sneaker News

    29 Mar 2015 | 9:07 pm
    Sneaker NewsThe Air Jordan 11Lab4 in Red Patent LeatherSneaker NewsPatent leather on an Air Jordan sneaker that's not an Air Jordan 11? Must be part of the Elements series. Today we get a first detailed look at the yet-to-release 11Lab4 hybrid that combines the Air Jordan 4 with the signature components of the Air and more »
  • Patent Licensing is as American as Apple Pie - IPWatchdog.com

    29 Mar 2015 | 8:24 am
    Patent Licensing is as American as Apple PieIPWatchdog.comHomemade American Tradition Baked Apple Pie It's patent reform season in Congress again, and along with the warming weather comes a new flurry of over-heated concerns about patent trolls, defined by some as “patent owners who file lawsuits rather than ...
  • What 'patent quality' means for patent owners - IPWatchdog.com

    29 Mar 2015 | 5:45 am
    What 'patent quality' means for patent ownersIPWatchdog.comSo what is patent quality? I think at its core, when we think of patent quality we think about whether a patent satisfies the statutory requirements. Is it valid? That is where we start, but there is more. We need to remember this: we cannot pick up a
  • Creative Interpretation of Abandonment Cannot Save Patent: Hyundai Motor Co ... - The National Law Review

    29 Mar 2015 | 5:22 am
    Creative Interpretation of Abandonment Cannot Save Patent: Hyundai Motor Co The National Law ReviewAddressing a request for adverse judgment by the patent owner, the U.S Patent and Trademark Office's (USPTO) Patent Trial and Appeal Board (PTAB or Board) denied patent owner's request, finding that the patent owner improperly attempted to place ...and more »
 
 
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    Techrights

  • Techrights Cited by European Politicians in Support of EPO Staff’s Causes

    Dr. Roy Schestowitz
    29 Mar 2015 | 10:56 am
    Summary: Benoît Battistelli’s right-hand man is charaterised as suspected of corruption in European Parliament questions THREE WEEKS ago, while I was still in southeast Asia, several people in Twitter and via E-mail told me that Techrights had been cited by European Parliament. A link to a European Parliament question from MEP Dennis de Jong indeed cited Techrights. “For your information,” told us one person (among more who told us about it, including Florian Müller), “Techrights is referenced in footnote no. 2″ (see below). Titled “Rights of staff and…
  • When the EPO Came Under Fire From the Netherlands and Before Systemic Corruption Was Revealed

    Dr. Roy Schestowitz
    29 Mar 2015 | 10:30 am
    Summary: Questions that targeted the Dutch Minister of Justice amidst EPO abuses against staff and a shameful failure to enforce a court’s decision WE HAVE MISSED some very important developments due to absence (holiday), but fortunately enough we have loyal readers who sent us material in the interim, chronicling the earlier stages of the Dutch scandal which Battistelli had stepped into. “For your information,” said one source, “[f]ollowing the attempt of the Netherlands Justice Minister to prevent execution of the recent judgment against the EPO, two members of the…
  • Links 29/3/2015: Red Hat’s Stock Soars, Kodi 14.2 Released

    Dr. Roy Schestowitz
    29 Mar 2015 | 9:48 am
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Applications Komodo IDE 9 Advances Web Development History After 15 years, application developers are still using ActiveState’s Komodo IDE. Tools to build websites and applications change over time, but one tool that has stood the test of time is ActiveState’s Komodo IDE (integrated developer environment). This week ActiveState released Komodo 9, continuing the legacy of the IDE that began its life 15 years ago. Instructionals/Technical Build your own Arch Linux Server [Tutorial] Add…
  • Speculations That Microsoft is About to Buy Cyanogen (or at Least Officially Partner) to Attack Google’s Android/Linux, Replacing Everything With Microsoft

    Dr. Roy Schestowitz
    28 Mar 2015 | 12:59 pm
    “Embrace and extend” manoeuvre in action Image credit: Linux Veda Summary: Articles in the corporate media and some analysis from smaller media sites serve to highlight the role which Microsoft plays in Cyanogen THIS topic was covered here before (to some degree), but the severity could not be emphasised strongly enough because Microsoft is in the “extend” phase of its infamous “embrace, extend, extinguish” (EEE) manoeuvre and this time it targets Android. In our previous posts about Cyanogen (almost a dozen of them) we highlighted Microsoft’s offers…
  • Links 28/3/2015: FoundationDB FOSS Shut Down by Apple, European Commission Support for Free Software

    Dr. Roy Schestowitz
    28 Mar 2015 | 4:33 am
    Links 28/3/2015: FoundationDB OSS Shut Down by Apple, European Commission Support for Free Software Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Desktop Who’s Using, And Not Using, GNU/Linux Desktops What is keeping you from switching to Linux? I’d like to make time for switching my main system but it is not there yet. What I plan to do is however use Linux on my laptop and get used to it this way. While it will take longer than a radical switch, it is the best I can do right now. Eventually though, I’d like to run all but one…
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    The IPKat

  • Monday miscellany

    29 Mar 2015 | 8:03 pm
    The Court of Justice of the European Union is now on its holidays and won't be visibly back in action until Tuesday 14 April.  The Kats collectively and individually wish the EU's top judiciary a pleasant break and hope that it will give them an opportunity to repent of their aberrant intellectual property rulings take a fresh view of the issues on which it is so important for them to rule correctly, particularly when they are de facto harmonising European law by filling in gaps left by the slowly-growing web of IP Regulations and Directives. Easter is a very special period in the…
  • Trade mark trolls in Cuba: will 'General Washington' come to the aid of US brands?

    29 Mar 2015 | 7:27 am
    Does history repeat itself? Not as such, but it does throw the light of the past on the problems of the present.  This Kat well recalls the problems faced by international brands, returning to South Africa after years of boycotts in the Apartheid era, only to find that other were mischievously using their brands.  There are some parallels with the situation in Cuba today, though the politics are different -- and so too is the legal framework within which problems fall to be resolved.In this guest post Jaime Ángeles (Angeles & Lugo Lovatón, Dominican Republic) gives…
  • Polo not the same as football, but Royal Berks give Yanks a partial whipping

    29 Mar 2015 | 1:54 am
    It's the polo season again in Luxembourg, which hosts a forum that may have seen more POLO-related litigation than anywhere else in Europe, and possibly beyond (POLO cases that have come before the European Union's top courts so far can be seen here). The latest is Case T 581/13 Royal County of Berkshire Polo Club v OHIM - Lifestyle Equities (Royal County of Berkshire POLO CLUB), a decision rendered last Thursday by the General Court of the European Union in another POLO-related dispute, this time involving a Community trade mark (CTM) application[it seems to this Kat that the word…
  • Taste of nature in court as plant growers slug it out over red radish patent

    29 Mar 2015 | 12:33 am
    We've just had tomatoes and broccoli [on which see last week's Katpost by David, here], and now it's the turn of red radishes [this Kat's favourite is the white radish: for more information on radishes, click here]. From Rita Prins of Cresco BV comes the following episodefrom The Hague where, this Kat can confirm, it's not just the human rights of European Patent Office employees that come under scrutiny but real patents too. This is what Rita tells the Kats:The District Court of The Hague delivered a decision in a patent dispute between Cresco and Taste of Nature on 18 March when it held…
  • Friday fantasies

    27 Mar 2015 | 6:14 am
    Mew-singsForthcoming events. There's plenty to choose from on the IPKat's Forthcoming Events page, but some events come to this Kat's notice so late that he doesn't have the chance to get them loaded up on to it. One such event, organised by the UK branch of AIPPI, fits that description: it's taking place this coming Monday, 30 March. Titled "What’s the CJEU said this time? A review of the latest SPC musings from Luxembourg", it has much to commend it, apart from the fact that it's either free or cheap (depending on your status) and will be accompanied by refreshments.  If you love (or…
 
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    Patent Docs

  • Court Report

    Patent Docs
    29 Mar 2015 | 9:59 pm
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Purdue Pharma L.P. et al. v. Collegium Pharmaceutical, Inc. 1:15-cv-11294; filed March 26, 2015 in the District Court of Massachusetts • Plaintiffs: Purdue Pharma L.P.; P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Rhodes Technologies • Defendant: Collegium Pharmaceutical, Inc. Purdue Pharma LP et al. v. Collegium Pharmaceutical Inc. 1:15-cv-00260; filed March 24, 2015 in the District Court of Delaware • Plaintiffs: Purdue Pharma LP; P.F. Laboratories Inc.; Purdue…
  • Conference & CLE Calendar

    Patent Docs
    29 Mar 2015 | 9:55 pm
    March 30-31, 2015 - Post-Grant Patent Challenges at the PTAB*** (Momentum) - San Jose, CA March 31, 2015 - "Overcoming Sect. 101 Rejections Post-Alice Corp. -- Leveraging USPTO Guidance and Recent Decisions to Meet Sect. 101 Patent Eligibility Requirements" (Strafford) - 1:00 to 2:30 pm (EDT) March 31, 2015 - "Trade Secret or Patent Protection? Making the Right Choice for Your University’s Innovations" (Technology Transfer Tactics) - 1:00 to 2:00 pm (Eastern) April 1, 2015 - "PCT Filing and International Patent Prosecution" (American Intellectual Property Law Association) April 2, 2015 -…
  • U.S. Biosimilars Conference

    Patent Docs
    27 Mar 2015 | 9:23 pm
    American Conference Institute (ACI) will be holding a conference on U.S. Biosimilars on April 21, 2015 in Munich, Germany. ACI faculty will offer presentations on the following topics: • Minimizing the Uncertainty Surrounding the Pathway: Insights Into USFDA’s Current Initiatives Regarding the First Wave of Biosimilars Applications • Evaluating the Risk and Commercial Opportunity in the Emerging U.S. Biosimilars Landscape • In-House Keynote Address • Timing is Everything: A Cheat Sheet for Managing the Logistics of the BPCIA Exchange Process • Biosimilars Litigation Spotlight:…
  • IPO Webinar on IP5 Global Dossier

    Patent Docs
    27 Mar 2015 | 9:16 pm
    The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "IP5 Global Dossier: A New Era in Global Patent Prosecution?" on April 2, 2015 beginning at 2:00 pm (ET). Don Levin of the U.S. Patent and Trademark Office, Samson Helfgott of Katten Muchin Rosenman LLP, and John Treangen of Dow Chemical will discuss the implications of the IP5 Dossier for corporations and law firms. The IP Dossier is an international cooperative effort of the patent offices of the U.S., Europe, China, Japan, and Korea that allows the patent offices to share work. The panel will also…
  • Cadence Pharmaceuticals Inc. v. Exela Pharmsci Inc. (Fed. Cir. 2015)

    Patent Docs
    26 Mar 2015 | 9:59 pm
    By Kevin E. Noonan -- The Federal Circuit availed itself of another opportunity to demonstrate that the Supreme Court's recent decision in Teva v. Sandoz may be relevant in cases that are the exception rather than the rule. The Federal Circuit's decision in Cadence Pharmaceuticals Inc. v. Exela Pharmsci Inc. affirmed the District Court's findings of literal infringement, infringement under the doctrine of equivalents, and failure of the defendant Exela Pharmsci to show the claims were invalid by clear and convincing evidence. At issue were two Cadence Pharmaceuticals patents: U.S. Patent No.
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    Patently-O » Patent

  • Million Dollar Mistake? The Cost of Limiting or Canceling IP Rights

    Dennis Crouch
    29 Mar 2015 | 8:53 am
    Guest post by  Cynthia M. Ho, Clifford E. Vickrey Research Professor, Loyola University of Chicago School of Law. Philip Morris and Eli Lilly think that they are entitled to millions in compensation from countries that limit or deny desired intellectual property rights.  These companies are the first to challenge IP issues pursuant to international agreements protecting investments of foreign companies. However, they join a trend of companies increasingly suing states before a panel of private arbitrators pursuant to investor-dispute settlement (ISDS).  The substantial financial stakes may…
  • Deputy Director Russ Slifer

    Dennis Crouch
    26 Mar 2015 | 8:14 am
    As I mentioned in my twitter feed, Russ Slifer has now been sworn-in as Deputy Director of the USPTO after being nominated by Director Michelle Lee and then appointed by Secretary of Commerce Penny Pritzker.  The PTO leadership is again at its full strength with a healthy mix of PTO insiders and outsiders, but all having years of direct intellectual property law experience.  We should expect Lee and Slifer to stay on the job for the next two years. But, as political appointees, the expectation is that they will be out once a new president is sworn-in, although that transition can…
  • Duty of Candor and Indefinite Claims

    Dennis Crouch
    25 Mar 2015 | 1:31 pm
    The Patent Act requires that patent claims be clear and distinct. 35 U.S.C. 112(b)(“The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.”).  Ambiguity is important because it can fundamentally smudge patent scope and resulting enforceability.  As a friend recently commented to me – that ambiguity fuels conflict and (in my view) helps spoil the market for patents. The rule of definiteness is designed to put the world on notice of the…
  • Patent Quality Summit

    Dennis Crouch
    24 Mar 2015 | 5:53 pm
    March 25-26 the USPTO is hosting its Patent Quality Summit to discuss its pillars of patent quality and associated proposals. Links: Agenda Live Stream
  • Supreme Court: TTAB Decisions Create Issue Preclusion for Later Litigation

    Dennis Crouch
    24 Mar 2015 | 1:12 pm
    by Dennis Crouch In B&B Hardware v. Hargis Indus. (2015), the U.S. Supreme Court involved a trademark opposition running in parallel with a trademark infringement lawsuit over the mark SEALTITE/SEALTIGHT.  The general holding is that a final decision by the US Patent & Trademark Office’s Trademark Trial and Appeal Board (TTAB) can serve as issue preclusion to collaterally estop a court from re-judging already-decided issues.  The particular issue being precluded here is the likelihood-of-confusion between the two marks, and the Supreme Court held that the TTAB’s final…
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    Patent Prospector

  • Lost Credibility

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

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

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

    17 Jan 2015 | 11:33 pm
    In Bard v. Gore (CAFC 2014-1114), the CAFC abandons all pretense of equitable rule of law by ignoring its own precedents and exercising biased caprice. In dissent, Judge Newman sharply points this out. This case returns to the Federal Circuit on appeal of a district court decision on remand from an en banc decision of this court. The issue is willful infringement and its consequences, which this en banc court remanded for de novo determination as a matter of law, vacating the judgment entered on the jury verdict. The panel majority, while mentioning that willful infringement is now a matter…
  • Not Withdrawn

    26 Dec 2014 | 1:41 pm
    Prosecutorial nitwittery went unchecked by the district court, but a CAFC panel checked it by siding with the USPTO in refusing to withdraw a terminal disclaimer. 6,194,187 issued. Its owner, the Japanese Foundation for Cancer Research, then filed a terminal disclaimer, which the PTO accepted. The patent office later refused to withdraw the disclaimer, and so was sued for it. Defending the PTO via deference, the CAFC found "that the PTO did not act arbitrarily, act capriciously, or abuse its discretion in declining to use any inherent authority that it might have in withdrawing the…
 
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    Patent Pending Blog - Patents and the History of Technology

  • Shaver and Swanson, LLP, our new patent law firm

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

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

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

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

    Bob Shaver
    5 Feb 2011 | 3:17 pm
    Its not often that one runs across a history book that you can't put down until you have finished.  This new book about Alexander the Great is such a book.  It is very readable, unlike many other books on ancient history, and explains the ancient battles and tactics in a much more understandable style than other books.  Alexander might have been better called Alexander the Bold, or Alexander the Lucky, or Alexander the Inheritor of Philip's Army.  It was Philip who developed a style of soldering that could allow an army of herdsmen to challenge the Greek phalanx staffed by…
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    Dear Rich: An Intellectual Property Blog

  • Little Rascals/Affordable Care Fair Use Question

    The Dear Rich Staff
    18 Mar 2015 | 6:00 am
    Dear Rich: My original music video concerning the Affordable Care Act would illustrate the song's narrative with very short clips cut from online video: The Little Rascals from the 1950s, a major league pitcher 'doctoring' a baseball, documentary footage of an ambulance. Would these uses likely be considered fair use? If the clips are very short—just a few seconds—they would probably qualify as a fair use because you're using them for purposes of commentary. Of course, claiming the fair use privilege doesn't mean you won't get sued. And if you were sued, you'd still have to prove…
  • Should I Register My Domain Name as a Trademark?

    The Dear Rich Staff
    16 Mar 2015 | 6:00 am
    Dear Rich: In your book on trademarks there is a discussion of whether you should register "trademark.com" as a trademark if you've already registered "trademark." The example provided is a line of menswear that is now also going to be sold online. The conclusion is that you should consider registering the full domain name (trademark.com) if establishing services or goods unique to the Internet business. Could you please explain why? If the PTO considers the ".com" piece of the trademark as unprotectable, what benefit would be gained by registering the full domain name? If you have a business…
  • Five Lessons from the "Blurred Lines" Case

    The Dear Rich Staff
    12 Mar 2015 | 4:39 pm
    We've received many inquiries as to the verdict in the "Blurred Lines" case (in which a jury determined that the song, "Blurred Lines," written by Pharrell Williams and Robin Thicke, infringed Marvin Gaye's song "Got to Give It Up"). The jury awarded Marvin Gaye's heirs $7.4 million, reflecting the profits earned by "Blurred Lines," which (hard as it may be to accept) was the longest running number one single of the entire decade (racking up sales of $14.8 million copies). The case's outcome is dumbfounding, particularly for musicians. Hindsight, affording us excellent vision,…
  • My Boss Made Me Appear in Yelp Commercial

    The Dear Rich Staff
    4 Mar 2015 | 6:00 am
    Dear Rich: My employer at a small law firm has required his whole staff (about 8 of us) to appear in a Yelp commercial video. Please note that all the employees had no choice but to do it, and although we signed a release, no consideration was provided in exchange for the release. The day of the shoot, we all signed a release form (no one had to actually read it - just told to sign). My employer wanted me to speak on this video, even though I didn't want to. I was told we will get to edit prior to posting it on Yelp. I reluctantly spoke (and did a bad job so I could get edited out). I asked…
  • Quoting Dialogue From Raising Arizona in Novel

    The Dear Rich Staff
    2 Mar 2015 | 6:00 am
    Dear Rich: I'm self-publishing my novel and I'm trying to track down Circle Films for permission to use four lines from "Raising Arizona." (I did get permission from the Cather Foundation to quote "My Antonia.")  The problem is, I can't even find a website for Circle Films. You might be able to find Circle Films information by signing on for an imdb.com PRO subscription which offers contact information for producers and studios (the first month is free). Alternatively, you might try contacting producer Ben Barenholtz who apparently was the owner of Circle Films.Why bother?
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    Latest Patents

  • Amazon patent applications published on 26 March 2015

    Administrator
    26 Mar 2015 | 12:59 pm
    16 US patent applications published on 26 March 2015 and assigned to Amazon 1 20150089049 WIDE AREA NETWORK MONITORING 2 20150089038 SERVICE DISCOVERY USING A NETWORK 3 20150089034 CLIENT-PREMISE RESOURCE CONTROL VIA PROVIDER-DEFINED INTERFACES 4 20150088966 SERVICE ACTIVITY USER INTERFACE 5 20150088767 REUSABLE SHIPPING PACKAGES FOR ELECTRONIC MARKETPLACE SELLERS 6 20150088731 KIOSK MANAGEMENT SYSTEM 7 20150088698 MOBILE TRANSACTIONS WITH A KIOSK MANAGEMENT SYSTEM 8 20150088694 KIOSK NETWORK IN A KIOSK MANAGEMENT SYSTEM 9 20150088493 PROVIDING DESCRIPTIVE INFORMATION ASSOCIATED WITH OBJECTS…
  • Apple patent applications published on 26 March 2015

    Administrator
    26 Mar 2015 | 12:58 pm
    22 US patent applications published on 26 March 2015 and assigned to Apple 1 20150089387 NOTIFICATIONS WITH INPUT-BASED COMPLETION 2 20150089259 SYSTEM POWER MANAGEMENT USING COMMUNICATION BUS PROTOCOLS 3 20150089250 Contention Prevention for Sequenced Power Up of Electronic Systems 4 20150089192 Dynamic Attribute Inference 5 20150089191 Early Issue of Null-Predicated Operations 6 20150089190 Predicate Attribute Tracker 7 20150089189 Predicate Vector Pack and Unpack Instructions 8 20150089188 Vector Hazard Check Instruction with Reduced Source Operands 9 20150089187 Hazard Check Instructions…
  • Canon patent applications published on 26 March 2015

    Administrator
    26 Mar 2015 | 12:58 pm
    3 US patent applications published on 26 March 2015 and assigned to Canon 1 20150085013 INKJET PRINTING APPARATUS AND METHOD FOR CONTROLLING INKJET PRINTING APPARATUS 2 20150084048 BOTTOM GATE TYPE THIN FILM TRANSISTOR, METHOD OF MANUFACTURING THE SAME, AND DISPLAY APPARATUS 3 20150083586 DEPOSITION APPARATUS
  • eBay patent applications published on 26 March 2015

    Administrator
    26 Mar 2015 | 12:57 pm
    4 US patent applications published on 26 March 2015 and assigned to eBay 1 20150088921 SEARCH GUIDANCE 2 20150088700 RECOMMENDATIONS FOR SELLING PAST PURCHASES 3 20150088683 RECOMMENDING AN ITEM PAGE 4 20150088603 USER-CONTROLLED IDENTITY PROFILES
  • Fujitsu patent applications published on 26 March 2015

    Administrator
    26 Mar 2015 | 12:57 pm
    22 US patent applications published on 26 March 2015 and assigned to Fujitsu 1 20150089507 INFORMATION PROCESSING SYSTEM, METHOD OF CONTROLLING INFORMATION PROCESSING SYSTEM, AND RECORDING MEDIUM 2 20150089506 JOB EXTRACTION METHOD, JOB EXTRACTION DEVICE, AND JOB EXTRACTION SYSTEM 3 20150089480 DEVICE, METHOD OF GENERATING PERFORMANCE EVALUATION PROGRAM, AND RECORDING MEDIUM 4 20150089455 GESTURE INPUT METHOD 5 20150089271 MANAGEMENT DEVICE, DATA ACQUISITION METHOD, AND RECORDING MEDIUM 6 20150089171 STORAGE CONTROL APPARATUS, CONTROL METHOD, AND COMPUTER PRODUCT 7 20150089135 INFORMATION…
 
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    Florida IP

  • Request for Directed Verdict -- Is "Pods" Generic?

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

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

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

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

    Woodrow Pollack
    19 Dec 2014 | 6:30 am
    The adult film industry has been accused of trying to coerce settlements in matters relating to alleged illegal downloading of adult films by shaming the accused infringer through publicity.  I write below about Magistrate Judge Wilson crafting a solution to protect a purported infringer from a similar shame -- that of illegally downloading (and watching??) a Steven Seagal movie!I've written before about issues of tracking down purported illegal downloads of copyrighted materials.  A typical fact pattern is the owner of the copyright tracks down an IP address where the copyrighted…
 
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  • Character Designer

    27 Mar 2015 | 6:40 pm
    Dear Sir/Madam Hello, Good afternoon, My name is Nick. im from Asia. Drawing has been my inspiration since i was a little boy, as i grew up i started to realize why not make my dreams come true like for instance, turning my drawing to a real character yet a fashion doll line. Here in my country it's really hard to find a factory that i can join producing my owned designed dolls. If interested can i send some of my designed character to you?? I want to design toys/dolls for young...
  • Patexia Uses the Power of Crowdsourcing to Control Patent Litigation Costs for Members

    27 Mar 2015 | 10:21 am
    Patexia.Defend uses crowdsourced patent validity analysis combined with PTAB post grant review proceedings to address IP litigation threats. Patexia uses the power of crowdsourcing to control patent litigation costs  
  • Google Patents External Airbags

    26 Mar 2015 | 8:42 am
    Google was recently awarded a patent for an exterior airbag system which could be automatically deployed is sensors detected an imminent crash with an object, such as a pedestrian. Google patents exterior airbags to cushion pedestrians | New and Used Car Reviews, Research & Automotive-Industry News & LeftLaneNews
  • Russell Silfer Named USPTO Deputy Director

    25 Mar 2015 | 9:43 am
    Russell Silfer has served as the director of the new USPTO office in Denver since it opened last June, and before that spent 20 years in the high-tech industry and representing innovators in a variety of settings. Slifer Named USPTO Deputy Director
  • USPTO's Valencia Martin-Wallace Discusses Today's Patent Quality Summit

    25 Mar 2015 | 9:36 am
    “We want to go through the process and have a better understanding that will help us in our daily work of prosecuting applications,” she explained. “Brainstorming proposals will be easier if we know what stakeholders are concerned with.”  http://www.ipwatchdog.com/2015/03/24/patent-quality-valencia-martin-wallace/id=56060/
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  • Park Slope Restaurant Sued for Trademark Infringement

    JacksonWhite Law
    12 Mar 2015 | 11:48 am
    Who doesn’t love a spoonful of Nutella? The sweet hazelnut spread has become a popular indulgence with chocolate lovers everywhere, but for one Park Slope restaurant it seems their indulgence has offended the Nutella parent company, Ferrero. The illicit Nutella shop Nuteria is facing a lawsuit from Ferrero. The lawsuit was filed in Brooklyn on February 5th. Ferrero is suing the owners of Nuteria for trademark infringement. They believe the restaurant has stolen their intellectual property. The little restaurant’s menu, décor, and name are all based off of the delicious hazelnut spread.
  • Left Shark has Katy Perry’s Legal Team Swimming in Circles

    JacksonWhite Law
    10 Mar 2015 | 11:41 am
    Everyone who tuned into the Super bowl witnessed the Half-Time show featuring Katy Perry. While Katy may have been the star, according to social media accounts across the nation, “Left Shark” stole the show. It didn’t take long for one small business owner, Fernando Sosa, to jump on the smiling shark’s success. He currently sells Left Shark figurines. Perry’s legal representatives are not happy. In fact, they sent a cease-and-desist demanding Sosa to stop selling the figurines. Originally Fernando planned to comply with the letter and pull his figurines off the shelf. But something…
  • YouTube Paid $1 Billion to Copyright Holders

    JacksonWhite Law
    5 Mar 2015 | 9:06 am
    YouTube has reportedly paid out a whopping $1 billion to various copyright holders since 2007 as part of the Google’s Content ID program. Content ID Program According to Google, the program scans 400 years’ worth of content daily in efforts to identify potential copyright issues. They created the program after receiving a great deal of complaints from major TV networks. Before Google purchased YouTube, the online video site was full of copyrighted programs. Various episodes and clips of episodes flooded the site. Google created the ID in 2007 to compare videos and songs to originals. When…
  • UK Legislation Makes Changes to Copyright Laws

    JacksonWhite Law
    3 Mar 2015 | 9:02 am
    Previously, individuals using clips of films, television shows, or songs could have been sued if they did not have consent. However, recent changes in UK legislation will change that. The new laws allow the use of the material as long as it is not discriminatory and does not compete with the original work. The law became effective on October 1, 2014. With the new law, individuals are allowed to sue for copyright infringement if they feel it conveys a discriminatory message. This is to protect the original work from being associated with a new, potentially offensive. How do parody artists…
  • Trademark Battle with Del Taco Will Decide Naugles’ Fate

    JacksonWhite Law
    26 Feb 2015 | 8:59 am
    It has been over two decades since the merger of Naugles and Del Taco. With the merge in 1988, many of the Naugles changed to Del Tacos, and eventually died out. To this day, Del Taco claims there is a secret “Naugles” menu where individuals can still order items from the old chain. However, this secret menu is reportedly not feeding the appetite of all the Naugles fans. In fact, Mexican food fanatic, Christian Ziebarth, is taking on Del Taco to bring back Naugles, with plans to re-open the once famous chain restaurant. Del Taco was notified of his attempts, and a fight for the Naugles…
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    SiNApSE- India's Leading Intellectual Property (IP) News Tracker

  • Happy Birthday sue You; Happy Birthday sue You!

    Aishwarya Narayan
    30 Mar 2015 | 12:28 am
    Here is the next post in the series of Student Blog Contest. This post is authored by Neerja Gurnani. (Image courtesy Picmodelled. Source: http://www.express.co.uk/) There’s no one who hasn’t awkwardly stood around their birthday cake while people sing “Happy Birthday to You”. It’s the world’s most famous song, sung to millions each year. And this six-word set of lyrics with a simple melody is protected by copyright. In 1868, two Hill sisters from Kentucky composed a song called “Good Morning to All” (now known as the tune of “Happy Birthday”),…
  • Impact of Reservation: A Socio-economic and Legal Study

    Aishwarya Narayan
    30 Mar 2015 | 12:21 am
    Here is the next post in the series of Student Blog Contest. This post is authored by Pallavi Singh. The paper evaluates caste based reservation system in India. The Primary stated objective of the Indian reservation system is to increase the opportunities for enhanced social status for underprivileged. The reservation system exists to provide opportunities for the members of the Scheduled Caste and Scheduled Tribes. Reservation is working in the opposition direction to its main objective as is demarcating the society further. It is being used to uplift one section of the society at the cost…
  • New IPR Think Tank: An innovative step or more trouble

    Aishwarya Narayan
    30 Mar 2015 | 12:13 am
    Here is the next post in the series of Student Blog Contest. This post is authored by Archit Gupta & Ankit Agarwal. Keeping in mind the promise made by the new Central government to bring a new IPR policy, the Department of Industrial Policy and Promotion has constituted an IPR Think Tank to draft the National Intellectual Property Rights Policy and to advise the government on IPR issues. The panel will identify areas in IPRs where study needs to be conducted and furnish recommendations in this regard to the Commerce Ministry and will also advise the government on best practices that…
  • OCR: Credibility of India’s Intellectual Property Enforcement in Question

    Aishwarya Narayan
    30 Mar 2015 | 12:09 am
    Here is the next post in the series of Student Blog Contest. This post is authored by Archit Gupta & Ankit Agarwal. United States Trade Representative (USTR) ordered an Out of Cycle Review (OCR) for India in October. While the USTR insists that the aim of this exercise is to provide constructive feedback to India in order to improve its IP protection and enforcement, many in India are not happy about this move. Not only has the government criticized this move, but also refused to participate in it arguing that the US laws are not applicable to India. Nirmala Sitharaman, India’s Commerce…
  • Can you sue if your tweet gets copied?

    Aishwarya Narayan
    30 Mar 2015 | 12:04 am
    Here is the next post in the series of Student Blog Contest. This post is authored by Neerja Gurmani. The Internet is often considered the Wild West of laws; People believe that laws that exist offline do not apply online, or there exist different rules of behaviour. So when you tap out a tweet and hit send, putting it in public domain, can you sue if it gets copied? Short answer: No. Long answer? It’s complicated. Copyrighting a tweet is extremely hard, for various reasons. Reporting on facts, common situations, or communicating, are not copyrightable, even when done in an original…
 
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