Patents

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  • No Willful Infringement Since Infringer’s Litigation Arguments were “Not Without Reason”

    Patently-O » Patent
    Dennis Crouch
    19 Dec 2014 | 9:17 am
    by Dennis Crouch Sryker v. Zimmer (Fed. Cir. 2014) In 2010, Stryker sued its competitor Zimmer for infringing three patents covering pulsed lavage devices used for wound cleaning.  U.S. Patent Nos. 6,022,329, 6,179,807, and 7,144,383. A jury sided with the patentee awarded $70 million in lost profits and also found that the infringement willful.  Taking that verdict, the district court then awarded treble damages for willfulness, attorney fees based upon the exceptional case, and a permanent injunction against Zimmer.   On appeal, the Federal Circuit has affirmed the underlying…
  • 46th Annual Corporate Patent Seminar

    I/P Updates
    Bill Heinze
    30 Aug 2010 | 8:18 am
    Registration is now open for the 46th Annual Corporate Patent Seminar in Austin, Texas on November 14-16th. Past participants have included representatives from Procter & Gamble, Caterpillar, SC Johnson, Pfizer, Eli Lilly and others.Limited to senior-level corporate counsel, the CPS is an informal group of patent professionals who exist only for the purpose of putting this seminar together. The cost is $800 per person and additional information including registration information can be found at www.corporatepatent.com
  • Webinar on PTAB Appeals

    Patent Docs
    Patent Docs
    20 Dec 2014 | 6:38 pm
    Strafford will be offering a webinar/teleconference entitled "Preparing for and Navigating PTAB Appeals Before the Federal Circuit -- Conducting PTAB Trials With Eye to Appeal, Determining Errors for Appeal, Understanding PTO Practice and Federal Circuit Law" on January 22, 2015 from 1:00 to 2:30 pm (EST). Erika H. Arner and Michael J. Flibbert of Finnegan Henderson Farabow Garrett & Dunner will provide guidance to patent counsel on preparing a PTAB case for appeal to the Federal Circuit, and offer strategic tips for conducting a PTAB trial with an eye to appeal and best practices for…
  • Patent Focus for Dec. 22: recent local patents awarded - Richmond.com

    patent news - Google News
    21 Dec 2014 | 8:08 pm
    Patent Focus for Dec. 22: recent local patents awardedRichmond.comThe following information shows recent patents awarded to people or companies in central Virginia. Listed are the name of patent, the patent number, name of the local inventor and his or her locality, the patent assignee, and a brief description of the
  • Medical Patent News

    Bing: patent news
    20 Dec 2014 | 2:19 pm
    Elegant Medical to receive patent for groundbreaking Stethos electronic stethoscope Elegant Medical LLC today announced it will receive an issued patent from the US ...
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    patent news - Google News

  • Patent Focus for Dec. 22: recent local patents awarded - Richmond.com

    21 Dec 2014 | 8:08 pm
    Patent Focus for Dec. 22: recent local patents awardedRichmond.comThe following information shows recent patents awarded to people or companies in central Virginia. Listed are the name of patent, the patent number, name of the local inventor and his or her locality, the patent assignee, and a brief description of the
  • PTO Guidance Offers Keys to Patent Eligibility for Crucial Information Age Patents - IPWatchdog.com

    21 Dec 2014 | 8:24 am
    IPWatchdog.comPTO Guidance Offers Keys to Patent Eligibility for Crucial Information Age PatentsIPWatchdog.comThe Patent Office's 2014 Interim Guidance on Patent Subject Matter Eligibility released earlier this week represents the third significant hopeful note in a month that the U.S. patent system is beginning to emerge from the dark days of excessive use of and more »
  • USPTO Issues New Patent-Eligibility Guidelines - The National Law Review

    21 Dec 2014 | 7:56 am
    USPTO Issues New Patent-Eligibility GuidelinesThe National Law Review2014 Interim Guidance on Patent Subject Matter Eligibility (“Guidelines”). The Guidelines were widely seen as significantly scaling back the restrictions on what is patent eligible compared to the previous guidelines issued in March. Ironically, the
  • Apple Patent Filing Shows Instructions laser Etched onto the Inside of the ... - Patently Apple

    21 Dec 2014 | 7:30 am
    Apple Patent Filing Shows Instructions laser Etched onto the Inside of the Patently AppleLast week the BBC broadcast a special called "Apple's Broken Promises" that was heavily influenced and directed by the union group China Labor Watch and like-minded people like Ralph Nader. In my view, the China Labor group guided the documentary ...
  • Drug Giants Face $65 Billion in Lost Sales as Insurers Attack Patents - Motley Fool

    21 Dec 2014 | 6:02 am
    Drug Giants Face $65 Billion in Lost Sales as Insurers Attack PatentsMotley FoolBy 2019, pharmaceutical companies face a major loss of $65 billion in sales due to patent expirations largely from brand name central nervous system drugs that are opening up to competition from cheaper generic copies. A new report from London-based ...
 
 
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    Techrights

  • Links 22/12/2014: GNU/Linux at Sky News, Another Tizen Camera

    Dr. Roy Schestowitz
    21 Dec 2014 | 6:53 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux The Best Linux Tools for Teachers and Students Linux is a platform ready for everyone. If you have a niche, Linux is ready to meet or exceed the needs of said niche. One such niche is education. If you are a teacher or a student, Linux is ready to help you navigate the waters of nearly any level of the educational system. From study aids, to writing papers, to managing classes, to running an entire institution, Linux has you covered. If you’re unsure how, let me introduce you to a few tools Linux…
  • IRC Proceedings: November 30th, 2014 – December 20th, 2014

    Dr. Roy Schestowitz
    21 Dec 2014 | 5:42 pm
    IRC Proceedings: November 30th – December 6th, 2014 #techrights log #boycottnovell log #boycottnovell-social log #techbytes log IRC Proceedings: December 7th – December 13th, 2014 #techrights log #boycottnovell log #boycottnovell-social log #techbytes log IRC Proceedings: December 14th – December 20th, 2014 #techrights log #boycottnovell log #boycottnovell-social log #techbytes log Enter the IRC channels now
  • Links 21/12/2014: China and Linux, GNOME Shell 3.15.3

    Dr. Roy Schestowitz
    21 Dec 2014 | 9:30 am
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Imitate Fake Hollywood Terminal Hacking Melodrama with This Amazing App for Ubuntu We all know that Hollywood movies are the worst place to see some accurate depiction of anything from real life and that includes computer terminals. Well, there is a solution for that now and we can only hope that some misguided producer will see the new “hollywood” package made for this exact purpose. Hollywood movie producers invest a lot of time and money in custom interfaces and GUIs that don’t…
  • The New Age of Games for UNIX/Linux But Not for Windows, Microsoft is Openwashing Windows-Only Games

    Dr. Roy Schestowitz
    21 Dec 2014 | 3:35 am
    Summary: The world is moving to GNU- and Linux-powered platforms, so Microsoft withdraws GNU/Linux support from games it buys and starts openwashing its Windows-only games GNU/Linux sure is a growing force in the world of gaming. The embrace by Steam helped a lot, but it did not single-handedly change things. Other companies foresaw the demise of Windows. Microsoft knows what’s going on as its domination slipped away and gamers are now able to move to GNU/Linux by the millions while games get ported to GNU/Linux by the hundreds (if not thousands). This includes some very high-profile…
  • Microsoft Essentially Sends Malware to Windows and Bricks It

    Dr. Roy Schestowitz
    20 Dec 2014 | 9:24 am
    The cost of cheap and/or underqualified staff? Summary: Microsoft is once again bricking Vista 7, demonstrating lack of reliability or very low quality programming Jason Evangelho said that “New Windows 7 Patch Is Effectively Malware”. This is how he put it in the headline at Forbes, showing just how “professional” Microsoft has become. It is so “people-ready” that it bricks computers. A Microsoft booster told the story like this: “Microsoft withdraws bad Windows 7 update that broke future Windows 7 updates”. Actually, it’s not just about…
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    Anticipate This!™ | Patent and Trademark Law Blog

  • Inventing to Nowhere Documentary.

    Jake Ward
    19 Dec 2014 | 7:46 am
    JW Note:  Very interesting documentary video on Youtube relating to the importance of a strong patent system.  Hat tip to the PatentlyO blog.Filed under: General Commentary
  • New Guidance on Section 101 Subject Matter Eligibility Issued.

    Jake Ward
    16 Dec 2014 | 10:16 am
    From the USPTO Director’s Forum Blog on Monday, December 15, 2014: Following the valuable feedback that we received from the public through written comments and multiple public meetings over the last several months, we are issuing new examination guidance on subject matter eligibility under § 101 in view of the U.S. Supreme Court’s recent decisions in Alice Corp., Myriad, and Mayo. You can find the guidance in a Federal Register notice officially published on December 16, 2014, entitled “2014 Interim Guidance on Patent Subject Matter Eligibility.” Claim examples have been…
  • They Invented What? (No. 242)

    Jake Ward
    11 Dec 2014 | 8:42 am
    U.S. Patent Appl. Pub. No. 20080299533: Naughty or nice meter. JW Note: Wishing a Happy Holidays to all!  See you in 2015! For more holiday TIW? from years past, click here. BRIEF SUMMARY OF THE INVENTION: Undoubtedly, the abstract and background show the uniqueness of the product of this invention. The “Naughty or Nice Meter”, although initiated from the Christmas Holiday season, is a product that allows a visual representation of being “Naughty or Nice”. The product honors and exemplifies the time-honored traditional saying as to whether you have been…
  • They Invented What? (No. 241)

    Jake Ward
    23 Oct 2014 | 12:23 pm
    U.S. Patent No. D250,901:  Toy figure. JW Note:  A spooky TIW? in view of the upcoming Halloween holiday.  Hat tip to the Creepy IP series at the U.S. Patent and Trademark Office. The ornamental design for a toy figure, substantially as shown.Filed under: They Invented What?
  • A Statue for Toulmin.

    Jake Ward
    10 Oct 2014 | 9:28 am
    Jake Ward:A top post at the AT! Blog recently – and one of my favorites over the past several years. Enjoy! Originally posted on Anticipate This!™ | Patent and Trademark Law Blog: In the small city of Springfield, Ohio, now stands an 8-foot statue dedicated to the Wright Brother’s patent attorney, Harry Toulmin.  Mr. Toulmin was the patent lawyer who prepared and prosecuted the patent for Wilbur and Orville Wright’s flying machine . . . yes, the original airplane. According to this article at Law.com, Toulmin helped the Wright brothers apply for five patents, including the…
 
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    I/P Updates

  • I'd like to add you to my professional network on LinkedIn

    Bill Heinze
    19 Dec 2014 | 11:32 pm
              William F. ("Bill") Heinze would like to stay in touch on LinkedIn.         Hi I/P,   I'd like to add you to my professional network on LinkedIn.   - William F. ("Bill")     Confirm that you know William F. ("Bill")         William F. ("Bill") Heinze Senior IP Counsel at GE Energy Management Greater Atlanta Area       You received an invitation to connect. LinkedIn will use your email address to make suggestions to our members in features like…
  • 46th Annual Corporate Patent Seminar

    Bill Heinze
    30 Aug 2010 | 8:18 am
    Registration is now open for the 46th Annual Corporate Patent Seminar in Austin, Texas on November 14-16th. Past participants have included representatives from Procter & Gamble, Caterpillar, SC Johnson, Pfizer, Eli Lilly and others.Limited to senior-level corporate counsel, the CPS is an informal group of patent professionals who exist only for the purpose of putting this seminar together. The cost is $800 per person and additional information including registration information can be found at www.corporatepatent.com
  • Marking Not Required for Notice in Process or Method Claims

    Bill Heinze
    7 Jun 2010 | 1:20 pm
    In Crown Packaging Technology, Inc. v.  Reexam Beverage Can Co. (March 17, 2009) the Federal Circuit reiterated that the notice provisions of §287 do not apply where the patent is directed to a process or method.  [A] party that does not mark a patentedarticle is not entitled to damages for infringementprior to actual notice. Although Rexam assertedonly the method claims of the '839 patent againstCrown, the district court dismissed Rexam's counterclaimbecause the '839 patent also includes unassertedapparatus claims. The district court erred. The law is clear that the…
  • Fair Use Doctrine Under U.S. Copyright Law

    Bill Heinze
    3 Mar 2010 | 12:34 pm
    Authors rights under copyright law are subject to certain limitations, including the doctrine of “fair use” that was developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.   In the U.S., the Fair Use doctrine allows limited use of copyrighted material without requiring permission from the rights holders under a four-factor balancing test considering: Purpose and character Whether the use in question helps fulfill the intention of copyright…
  • USPTO Interim Procedure for Patent Term Adjustment Recalculation

    Bill Heinze
    18 Feb 2010 | 12:31 pm
    The U.S. Patent and Trademark Office 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. Kappos regarding the overlapping delay provision of 35 USC 154(b)(2)(A).   In the meantime, the USPTO will be processing recalculation requests under an interim procedure that is available to a patentee whose patent issues prior to March 2, 2010, and who request it no later than 180 days after the issue date.  This procedure is available only for alleged errors…
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    The IPKat

  • The Story of "Oh": successful sample for Jay-Z, but so Tuf for the plaintiff

    21 Dec 2014 | 2:31 am
    Sampling of musical recordings is a topic that excites a lot of people in the United States, where the bulk of the world's litigation on that subject appears to have taken place. This Kat is all in favour of it and thinks it's part of the creative process, so long as it's not a substantial copying or one which is providing a market substitute for the sampled work -- but he knows that others have strong views to the contrary. In this guest blogpost, Shalini Bengani writes about a recent piece of US litigation in which she considers the court reached the right result: Jay-Z’s lawyers…
  • Can You Make a Porcelain Sculpture Out of a Sow’s Ad?

    19 Dec 2014 | 11:15 am
    French newspaper Le Figaro reported this week that ad man Frank Davidovici is likely suing artist Jeff Koons for plagiarism.The Centre Pompidouin Paris is now showing a retrospective of Jeff Koons’ work. Among them is Fait d’Hiver, a porcelain sculpture representing a pig looking at the torso of a woman lying in the snow. The woman is rather scantily dressed as her bare chest is visible through her fishnet top. Her body has been cut below her breasts, along with her left hand, which lies separated from her body on her left side. The pig, a rather plump, but very clean and pink specimen,…
  • Battistelli and Kongstad respond to EPO criticisms

    19 Dec 2014 | 5:59 am
    Managing Intellectual Property has just published an article containing a series of questions and answers, put by Managing Editor James Nurton to EPO President Benoit Battistelli and Chairman of the Administrative Council, Jesper Kongstad.The questions relate to the recent events leading up to and following the AC meeting covered at length on this blog, and cover topics such as staff unrest, union representation, the independence of the Boards of Appeal, and the allegations that a "reign of terror" exists. The answers provide an insight into the response of those at the top of the EPO…
  • Friday fantasies

    19 Dec 2014 | 1:33 am
    Forthcoming events. Plenty fresh events have been added to the IPKat's Forthcoming Events page in recent days, including a three-week course (13 to 31 July 2015) entitled "International IP Transactions: Practical skills and industry insights" run by UC Hastings together with Bucerius in Hamburg, Germany. Details of that course can be found here.EU numbering: more changes to come.  With many intellectual property practitioners still in a state of ignorance or denial of this summer's changes to the means of citation of legal cases [on which see earlier Katposts here and here], there is…
  • Externalities and innovation: let me count the Waze

    18 Dec 2014 | 11:36 pm
    In a world obsessed with innovation and start-ups, we tend to forget that that are both costs as well as benefits that may ensue from such developments. Perhaps the most palpable example is the potential threat of innovation to current employment patterns, particularly in the so-called developed world. It is not merely that buggy-whips are replaced by the motor car, but that technological advance may lead to a decline in the overall rate of employment as fewer and fewer employees are required and jobs that require lower skill levels disappear. A further consequence of successful innovation is…
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    Patent Docs

  • Court Report

    Patent Docs
    21 Dec 2014 | 8:55 pm
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company et al. v. Amneal Pharmaceuticals LLC 1:14-cv-01474 filed December 11, 2014 in the District Court of Delaware • Plaintiffs: Eli Lilly and Company; Eli Lilly Export S.A.; Acrus DDS Pty Ltd. • Defendant: Amneal Pharmaceuticals LLC Eli Lilly and Company et al. v. Amneal Pharmaceuticals LLC 1:14-cv-02025; filed December 10, 2014 in the Southern District of Indiana • Plaintiffs: Eli Lilly and Company; Eli Lilly Export S.A.; Acrus DDS Pty Ltd. •…
  • Conference & CLE Calendar

    Patent Docs
    21 Dec 2014 | 8:45 pm
    January 8, 2015 - "Proving and Avoiding Inequitable Conduct in Patent Prosecution and Litigation -- Leveraging Court Treatment Post-Therasense and the AIA's Answer to Inequitable Conduct Issues" (Strafford) - 1:00 to 2:30 pm (EST) January 13-14, 2015 - Advanced Summit on Life Sciences Patents (American Conference Institute) - New York, NY January 20, 2014 - "Top Patent Law Stories of 2014" (McDonnell Boehnen Hulbert & Berghoff LLP) - 10:00 am to 11:15 am (CT) January 22, 2015 - "Preparing for and Navigating PTAB Appeals Before the Federal Circuit -- Conducting PTAB Trials With Eye to…
  • Webinar on Proving and Avoiding Inequitable Conduct

    Patent Docs
    20 Dec 2014 | 6:39 pm
    Strafford will be offering a webinar/teleconference entitled "Proving and Avoiding Inequitable Conduct in Patent Prosecution and Litigation -- Leveraging Court Treatment Post-Therasense and the AIA's Answer to Inequitable Conduct Issues" on January 8, 2015 from 1:00 to 2:30 pm (EST). Thomas L. Irving of Finnegan Henderson Farabow Garrett & Dunner, Jennifer M.K. Rogers of Shumaker & Sieffert, and Margaret J. Sampson of Vinson & Elkins will provide guidance to patent counsel on understanding the types of activity that may lead to a finding of inequitable conduct and practical…
  • Webinar on PTAB Appeals

    Patent Docs
    20 Dec 2014 | 6:38 pm
    Strafford will be offering a webinar/teleconference entitled "Preparing for and Navigating PTAB Appeals Before the Federal Circuit -- Conducting PTAB Trials With Eye to Appeal, Determining Errors for Appeal, Understanding PTO Practice and Federal Circuit Law" on January 22, 2015 from 1:00 to 2:30 pm (EST). Erika H. Arner and Michael J. Flibbert of Finnegan Henderson Farabow Garrett & Dunner will provide guidance to patent counsel on preparing a PTAB case for appeal to the Federal Circuit, and offer strategic tips for conducting a PTAB trial with an eye to appeal and best practices for…
  • Webinar on Combating Patent Trolls

    Patent Docs
    20 Dec 2014 | 6:38 pm
    Strafford will be offering a webinar/teleconference entitled "Combating Patent Trolls: Third-Party Solutions and Defense Strategies in Post-Grant and Litigation -- Leveraging Counterclaim, Summary Judgment and Other Tactics; Utilizing Legislative, Insurance and Third-Party Tools" on January 29, 2015 from 1:00 to 2:30 pm (EST). Kevin Jakel od Unified Patents and Michael L. Kiklis of Oblon Spivak McClelland Maier & Neustadt will provide patent counsel with a broad-based view of defending against patent trolls, and discuss third-party solutions and provide a deep dive into specific troll…
 
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    Patently-O » Patent

  • Promega v. Life Tech: Enablement and Open Claim Elements

    Jason Rantanen
    19 Dec 2014 | 1:00 pm
    By Jason Rantanen Promega Corp. v. Life Tech. Corp. (Fed. Cir. 2014) Download Promega v Life Tech Panel: Prost (dissenting-in-part), Mayer, Chen (author) This decision is interesting for its enablement analysis, which revolves around the term “comprising,” and for its holding on 271(f) liability for international inducement (the portion of the opinion as to which Chief Judge Prost dissented).  I’ll write more about the 271(f) issue in a subsequent post. A few core technical details are useful for understanding this opinion.  The patents at issue relate to DNA, and…
  • No Willful Infringement Since Infringer’s Litigation Arguments were “Not Without Reason”

    Dennis Crouch
    19 Dec 2014 | 9:17 am
    by Dennis Crouch Sryker v. Zimmer (Fed. Cir. 2014) In 2010, Stryker sued its competitor Zimmer for infringing three patents covering pulsed lavage devices used for wound cleaning.  U.S. Patent Nos. 6,022,329, 6,179,807, and 7,144,383. A jury sided with the patentee awarded $70 million in lost profits and also found that the infringement willful.  Taking that verdict, the district court then awarded treble damages for willfulness, attorney fees based upon the exceptional case, and a permanent injunction against Zimmer.   On appeal, the Federal Circuit has affirmed the underlying…
  • Inventing to Nowhere

    Dennis Crouch
    18 Dec 2014 | 12:58 pm
    Although it is very much part of a PR campaign, the new documentary Inventing to Nowhere is also really well done.  Now streaming online:
  • Iowa Innovation, Business & Law Center

    Jason Rantanen
    17 Dec 2014 | 5:00 pm
    By Jason Rantanen As most of you know, I am an associate professor of law at the University of Iowa College of Law, in Iowa City, Iowa.  One of my initiatives this past semester was a relaunch of the Iowa Innovation, Business & Law Center’s website. The IBLC is a joint faculty venture that focuses on intellectual property, antitrust and corporate law topics.  We host nationally renowned speakers, provide enrichment programming for our students, and support our innovative courses in these areas.  The latter includes our popular Iowa Medical Innovation Group seminar, in which teams…
  • Federal Circuit: Next Round of Myriad Patent Claims Are Also Invalid

    Dennis Crouch
    17 Dec 2014 | 9:33 am
    by Dennis Crouch In an important decision, the Federal Circuit has affirmed the invalidity of a number of additional genetic testing claims.  Based upon this decision, the USPTO may need to again reevaluate its subject matter eligibility procedures.  In AMP v. Myriad (2013), the Supreme Court found that some of Myriad’s BRCA gene patent claims were valid – or at least that they did not violate the prohibition against patenting products of nature.  Following the decision, several companies – including Ambry – began marketing BRCA genetic testing, and Myriad sued.
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    Patent Prospector

  • Horrid Host

    10 Dec 2014 | 2:43 pm
    DDR Holdings v. Hotels.com illustrates the incompetence and caprice of Federal courts in handling patent cases. Asserted claims in 6,993,572 & 7,818,399 were found valid and infringed by a jury. District court Judge Rodney Gilstrap in East Texas rebuked motions as a matter of law (JMOL) over invalidity and infringement. On appeal, '572 was found blatently anticipated by the prior art. An extensive CAFC sidebar on §101 shows how unsettled patentability is. DDR Holdings v. Hotels.com et al (CAFC 2013-1505) precedential; Judges Wallach, Mayer and Chen (author) In reversing on '572 validity,…
  • Bad Injector

    23 Nov 2014 | 8:20 pm
    "Antares is a developer of automatic injection devices used to self-administer pharmaceuticals." It got a patent (7,776,015) that it wanted broadened under reissue (35 U.S.C. § 251), as it had not bothered to file a continuation. Owing to prosecutorial and patent office incompetence, the reissue claims went to a different invention. Asserted in litigation, the CAFC caught the reissue error (district court Judge Sue L. Robinson did not) and pitched the patent (CAFC 2014-1648).
  • Stay

    23 Nov 2014 | 8:07 pm
    Verstata asserted software patents against rival Callidus, which counterclaimed with its own patents. Callidus filed limited reexamination proceedings against the Verstata patents, and asked the court for a stay pending reexam. The district court denied the stay. The CAFC reversed that. Versata Software v. Callidus Software (CAFC 2014-1468) precedential; Judges Chen (author), Mayer and Linn Section 18(b) [of the law (AIA = American Invents Act)] identifies four factors that a district court should consider when deciding whether to grant a stay: (A) whether a stay, or the denial thereof, will…
  • Not So Wild Tangent

    17 Nov 2014 | 4:56 am
    Ultramercial sued Hulu and WildTangent for infringing 7,346,545, which claims receiving payment for a consumer viewing Internet advertising. The district found the patent invalid under § 101. The CAFC balked at that, but reversed itself after the Supreme Court Alice ruling (CAFC 2010-1544). "We do not purport to state that all claims in all software-based patents will necessarily be directed to an abstract idea," the court stated. But since Alice, not one has yet to pass muster.
  • Wrong Address

    10 Nov 2014 | 9:10 pm
    Texas gets a lot of patent cases, but the judges there are as incompetent as in the rest of the country. In Azure Networks v. CSR, East Texas Judge Michael H. Schneider got bamboozled into an ersatz claim construction for "MAC address" during an assertion of 7,756,129, claiming a personal network device. Based upon two brief descriptive passages, the district court decided that the patentee had acted as its own lexicographer. On appeal (CAFC 2013-1459), a CAFC panel pointed out how stupid Judge Schneider was: "The statements in the specification relied upon by the district court neither…
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    Dear Rich: An Intellectual Property Blog

  • Consignment or Rep: Doll Deal Gone South

    The Dear Rich Staff
    19 Dec 2014 | 6:00 am
    Dear Rich: Did I make a consignment agreement? I was at a doll show selling manufactured porcelain dolls. The woman at the next table was selling her dolls which are handmade. I was impressed with her work and offered to exhibit her dolls for sale at any of the other shows in New Jersey that I would be attending and I would like to show her dolls to some store owners and I would try to interest a few popular mail order catalogs. She agreed and gave me some of her pieces. As security measure (as we were strangers) I left with her one of my dolls that I was selling which was of comparable value…
  • Can Manager Sign Side Deal with Lead Singer?

    The Dear Rich Staff
    17 Dec 2014 | 6:00 am
    Dear Rich: I recently became band manager and I have some questions regarding the contract that we are in the process of negotiating. The lead singer writes all the original material himself so would it make sense, or even be possible to have a contract with the band as a whole but a separate contract with the lead singer as he is writer and therefore any publishing deals or sync royalties I set up would only be relevant to him. He also has a solo tribute act that I will oversee. So, if I had a separate contract with him for his solo act, which would only involve performance commissions,…
  • Can I Turn Master and Margarita into Opera?

    The Dear Rich Staff
    15 Dec 2014 | 6:00 am
    Mikhail BulgakovDear Rich: I am contemplating composing an opera in English based on The Master and Margarita by the Russian author Mikhail Bulgakov. Bulgakov died in 1940. The Master and Margarita was published posthumously in two parts in the Soviet Union in 1966 and 1967. With the help of a Russian friend, I have made a translation into English from the original Russian. This first Russian edition was never published in the U.S. Until the fall of the Soviet Union, there was little doubt that The Master and Margarita in its original Russian had become public domain. That changed with the…
  • How Long Can They Use My Photos in Catalog?

    The Dear Rich Staff
    4 Dec 2014 | 8:21 am
    Dear Rich: Do I have a right to ask for extra payment if a company is still using my photos from a photoshoot in April 2012. After the photoshoot they made me sign a small paper stating I received a payment of 15,000 pesos. There was no other written agreement. They just told me they will call me again if I will be accepted for their next photoshoot. The photos were used in their catalog (I think in April or May 2012 and the next catalogs after that). Up to now there are some photos still in their new catalogs even in their website. Can I ask for extra payment? Are there written limitations…
  • News Aggregation and Fair Use

    The Dear Rich Staff
    2 Dec 2014 | 6:00 am
    Dear Rich: We're interested in aggregating entertainment news for a new app. Is there any formula to use to figure how much can you take from a news site. Sorry, but there's no way to quantify how much is "too much." It's more helpful to look at the handful of public disputes over news aggregators (websites or applications that gather news or news feeds from other sources). In 2005, the Associated Press (AP) was involved in a dispute with All Headline News, a company that copied and rewrote news stories and resold them. AP seems to have had the upper hand because the parties…
 
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    Latest Patents

  • Amazon patent applications published on 18 December 2014

    Administrator
    18 Dec 2014 | 8:22 am
    2 US patent applications published on 18 December 2014 and assigned to Amazon 1 20140372381 METHODS AND APPARATUS FOR DATA RESTORE AND RECOVERY FROM A REMOTE DATA STORE 2 20140367304 SYSTEM AND METHOD FOR BAG DELIVERY
  • Apple patent applications published on 18 December 2014

    Administrator
    18 Dec 2014 | 8:21 am
    5 US patent applications published on 18 December 2014 and assigned to Apple 1 20140372889 DEVICE, METHOD, AND GRAPHICAL USER INTERFACE WITH CONTENT DISPLAY MODES AND DISPLAY ROTATION HEURISTICS 2 20140372103 DATA DETECTION 3 20140369518 USING AN AUDIO CABLE AS AN INDUCTIVE CHARGING COIL 4 20140369375 BOAT AND COIL DESIGNS 5 20140368516 Multi-Processor Graphics Rendering
  • Canon patent applications published on 18 December 2014

    Administrator
    18 Dec 2014 | 8:21 am
    28 US patent applications published on 18 December 2014 and assigned to Canon 1 20140373103 AUTHENTICATION SYSTEM, CONTROL METHOD THEREOF, SERVICE PROVISION DEVICE, AND STORAGE MEDIUM 2 20140372587 CONTROL APPARATUS FOR CONTROLLING DATA TRANSMISSION VIA NETWORK, AND METHOD FOR SELECTING DATA DESTINATION 3 20140372580 METHOD OF CONNECTING A DEVICE TO A NETWORK, A DEVICE CONNECTING SYSTEM, AND A PROGRAM 4 20140371573 METHOD OF IDENTIFYING THE SPATIAL DISTRIBUTION OF AREAS IN A SENSORY AREA OF BRAIN, PROGRAM, AND RECORDING MEDIUM THEREFOR 5 20140371413 CHEMICAL SEALING FILM 6 20140370431…
  • eBay patent applications published on 18 December 2014

    Administrator
    18 Dec 2014 | 8:20 am
    1 US patent application published on 18 December 2014 and assigned to eBay 1 20140368339 MOBILE DEVICE SELF-IDENTIFICATION SYSTEM
  • Fujitsu patent applications published on 18 December 2014

    Administrator
    18 Dec 2014 | 8:20 am
    37 US patent applications published on 18 December 2014 and assigned to Fujitsu 1 20140373023 EXCLUSIVE CONTROL REQUEST ALLOCATION METHOD AND SYSTEM 2 20140372837 SEMICONDUCTOR INTEGRATED CIRCUIT AND METHOD OF PROCESSING IN SEMICONDUCTOR INTEGRATED CIRCUIT 3 20140372720 STORAGE SYSTEM AND OPERATION MANAGEMENT METHOD OF STORAGE SYSTEM 4 20140372675 INFORMATION PROCESSING APPARATUS, CONTROL CIRCUIT, AND CONTROL METHOD 5 20140372673 INFORMATION PROCESSING APPARATUS, CONTROL CIRCUIT, AND CONTROL METHOD 6 20140372626 TERMINAL, ROUTE GENERATING METHOD, AND COMPUTER-READABLE RECORDING MEDIUM 7…
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    FreshPatents.com: Image analysis - USPTO Class 382 Patent Applications Update

  • Self-assemblable polymer and methods for use in lithography

    15 Dec 2014 | 1:46 pm
    A method and system to analyze various dimensional parameters of a structure, such as a self-assembled block copolymer structure whether formed by graphoepitaxy or chemical epitaxy. The method involves image processing including median filtering and feature detection to determine critical dimension information, and optionally the use of a Hough transform...
  • Methods of image fusion for image stabilization

    15 Dec 2014 | 1:46 pm
    Systems, methods, and computer readable media to improve image stabilization operations are described. Novel approaches for fusing non-reference images with a pre-selected reference frame in a set of commonly captured images are disclosed. The fusing approach may use a soft transition by using a weighted average for ghost/non-ghost pixels to...
  • Automated vision-based clutter detector and notifier

    15 Dec 2014 | 1:46 pm
    A system and method of monitoring a customer space including obtaining visual data comprising image frames of the customer space over a period of time, defining a region of interest within the customer space, the region of interest corresponding to a portion of the customer space in which customers relocate...
  • Filtering method and device in image processing

    15 Dec 2014 | 1:46 pm
    Embodiments provide a filtering method and device in image processing. The device includes: a dividing unit to divide a first filtering window into blocks; a determining unit to determine a filtering window area according to relevance between a central block and other non-central blocks in the blocks; and a filtering...
  • Efficient machine-readable object detection and tracking

    15 Dec 2014 | 1:46 pm
    A method to improve the efficiency of the detection and tracking of machine-readable objects is disclosed. The properties of image frames may be pre-evaluated to determine whether a machine-readable object, even if present in the image frames, would be likely to be detected. After it is determined that one or...
 
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    Florida IP

  • 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…
  • Attorneys Fees Under the Copyright Act? (Good Idea To Have A Contractual Right Also)

    Woodrow Pollack
    6 Nov 2014 | 6:11 am
    I've previously written about the litigation brought by Yellow Pages Photos ("YPP") against Ziplocal and Yellow Pages Group ("YPG").  YPP proceeded to trial against Ziplocal and YPG.  YPP next sought an award of its attorneys fees against Ziplocal.At trial, the jury found that Ziplocal breached the End User License Agreement ("EULA") between Ziplocal and YPP.  That agreement provided:In the event of legal action to enforce this agreement or in conjunction with the use of the product the prevailing party shall be entitled to recover its attorney's fees and costs, in addition to…
  • Attorney Fees Upheld For Prevailing Defendant

    Woodrow Pollack
    7 Oct 2014 | 3:39 am
    InDyne, Inc. sued Abacus Technology Corp. for copyright infringement relating to Abacus's setting up of a NASA website.  InDyne's allegations were that Abacus used InDyne's software for setting up the NASA website and such usage infringed InDyne's copyright.The trial court granted summary judgment of non-infringement to Abacus, finding that InDyne did not have sufficient evidence to show that the copied elements of software were original, and thus worthy of copyright protection.  Abacus sought and was awarded its fees as a prevailing party under 17 U.S.C. § 505.  InDyne…
  • Where To Litigate "Disposable Living-Grass Pet Toilets?"

    Woodrow Pollack
    25 Aug 2014 | 6:10 am
    Fresh Patch, LLC owns U.S. Patent 8,522,719 directed to a pet toilet continuous delivery and replacement method.  Fresh Patch ("Real Dogs Use REAL Grass") offers a subscription service where they send you a patch of grass each week for your pet to use as a toilet.  DoggieLawn ("Your Dog's Backyard In A Box") offers a competing service.  Fresh Patch sued DoggieLawn and its owner for patent infringement.  DoggieLawn moved to transfer the case from the Middle District of Florida to DoggieLawn's home in the Central District of California.  The Court addressed the typical…
  • Different Standards For Deciding Whether To Stay?

    Woodrow Pollack
    18 Aug 2014 | 4:58 am
    You may recall that Judge Covington denied a defendant's request to stay litigation, rejecting that defendant's argument that it was merely a "peripheral" defendant since it had only bought the accused product from another defendant.  While the Court noted in that decision that cases are generally stayed against peripheral defendants, that general rule does not apply where the peripheral defendant and the plaintiff are competitors.  In denying the peripheral defendant's request for stay, the Court required that defendant to put forward "an undue hardship or inequity."  Because…
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    Patexia Rss Feed

  • Patexia CEO Pedram Sameni discusses how Crowdsourcing improves the exam process and makes for stronger patents

    19 Dec 2014 | 9:08 am
    Patexia CEO Pedram Sameni speaks with Legal Newswire about the many benefits of crowdsourcing for the USPTO and the patent system as a whole. http://link.patexia.com/ronef
  • Novartis Sues Cipla over COPD Drug Patents

    18 Dec 2014 | 9:45 am
    Earlier this week Novartis launched a patent infringement lawsuit against Indian drugmaker Cipla for its October rollout of a COPD generic called Onbrez, which is known as Arcapta in the US. Last year, India's Supreme Court rejected Novartis' bid for a patent on its cancer drug Glivec, which opened the door for low-cost generics, and Novartis has been active in the fight over patents and pricing with Indian companies ever since. Novartis sues India's Cipla over respiratory...
  • China opens second intellectual property rights court in Guangzhou

    18 Dec 2014 | 9:25 am
    After August approval from China’s Supreme People's Court to set up three courts specifically to hear IPR cases, China has forged ahead with first the Beijing court opening in November, and now a new court in Guangzhou.  The final court is planned for Shanghai with the opening scheduled before the end of the year. China's second IPR court opens in Guangzhou - Xinhua | English.news.cn 16(Xinhua)--China's second intellectual property rights(IPR)court opened in the southern...
  • Myriad Loses Appeal, Has Gene Patents invalidated

    18 Dec 2014 | 9:15 am
    Myriad Loses Appeals Court Bid to Block Breast Cancer Tests - Bloomberg Myriad Genetics Inc. can’t block competitors’ DNA tests to determine risk for breast and ovarian cancer after a U.S. appeals court said three patents on the tests never should have been issued.
  • EU's top court opens door to some stem cell patents

    18 Dec 2014 | 9:13 am
    ECJ rules that an organism incapable of developing into a human being is not a human embryo and may be patented, reversing an earlier decision prohibiting patents on stem cell research involving human embryos. EU's top court opens door to some stem cell patents | Reuters BRUSSELS/LONDON (Reuters) - Europe's top court has opened the door to certain stem cell patents in the European Union by ruling that an organism incapable of developing into a human being is not a human
 
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