Patents

  • Most Topular Stories

  • Drug Obviousness

    Patent Prospector
    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…
  • 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.
  • Obzilla Amok

    Patent Prospector
    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…
  • Ruling Against ‘Abstract’ Software Patents is Already Derailing Patent Attacks on Linux and Free Software

    Techrights
    Dr. Roy Schestowitz
    30 Jul 2014 | 1:42 pm
    Summary: Patent litigation against Android/Linux impeded by the introduction of arguments that cite the Supreme Court Dr. Mohan Dewan, Dr. Niti Dewan and Adv. Sahil Ahuja say that “Alice v. CLS Bank [is] another blow against software patents” (the headline of an article just published in a legal site). This is part of exciting developments around software patents. As a result of this ruling, which is still quite fresh and is reportedly impacting USPTO guidelines (Groklaw’s Pamela Jones broke her silence and came back to point this out), the patent cases against Linux, FOSS…
  • Powerful new patent service shows every US invention, and a new view of R

    IP Newsflash - intellectual property news within the last 24 hours
    31 Jul 2014 | 12:00 am
    found 21 h ago on news.google.com
 
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    Techrights

  • Former Microsoft Engineer Working on Windows BitLocker Confirms Government Asks Microsoft for Back Doors

    Dr. Roy Schestowitz
    31 Jul 2014 | 11:43 am
    Built with elegance, concealed with compilers Summary: Recalling the times when even Microsoft staff spoke about secret government collaborations and back doors China and Russia are currently moving away from Windows (GNU/Linux to be imminently installed on all government machines) — a point which we are going to focus on later today because truths about security and privacy rapidly come out, revealing the clear advantage of Free — as in freedom/libre — software. China and Russia must be motivated by advice of security gurus (of which they have plenty) and the secret…
  • Ruling Against ‘Abstract’ Software Patents is Already Derailing Patent Attacks on Linux and Free Software

    Dr. Roy Schestowitz
    30 Jul 2014 | 1:42 pm
    Summary: Patent litigation against Android/Linux impeded by the introduction of arguments that cite the Supreme Court Dr. Mohan Dewan, Dr. Niti Dewan and Adv. Sahil Ahuja say that “Alice v. CLS Bank [is] another blow against software patents” (the headline of an article just published in a legal site). This is part of exciting developments around software patents. As a result of this ruling, which is still quite fresh and is reportedly impacting USPTO guidelines (Groklaw’s Pamela Jones broke her silence and came back to point this out), the patent cases against Linux, FOSS…
  • Links 30/7/2014: Chris Beard as CEO of Mozilla

    Dr. Roy Schestowitz
    30 Jul 2014 | 8:29 am
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux From Clouds to Cars to Kitchens, Linux Making an Impact Everywhere There’s no operating system more ubiquitous than Linux. It’s everywhere. It’s even running in devices and computers you may not suspect—our cars, our cell phones, even our refrigerators. Linux supports businesses and organizations everywhere, and because it underpins open-source innovation, it is the platform of choice for new applications. Companies such as IBM and their work with organizations like the…
  • New Optimism in the Age of Doubt Over Software Patents

    Dr. Roy Schestowitz
    29 Jul 2014 | 3:19 am
    Marching against software patents has finally paid off Summary: As the tide turns against software patents, even in their country of origin, their opponents come out of the woodwork to celebrate The CAFC, which brought software patents to the world (starting in the US), is now a disgraced and gradually-weakening institution because of scandals. Its legacy too — including software patents — is now in a state of disarray. There are real changes afoot. The patent debate around around the world has quickly shifted (or been shifted) so as to focus again on software patents. Last year…
  • Links 28/7/2014: New Linux RC, Plasma 5 Live in Kubuntu

    Dr. Roy Schestowitz
    28 Jul 2014 | 3:20 pm
    Contents GNU/Linux Distributions Devices/Embedded Free Software/Open Source Leftovers GNU/Linux Desktop How 3D Printing Is Making Better Movie Monsters Our render farm is all open source and is quite substantial. We have roughly 1000 Linux nodes between the two facilities and the majority of our artists run on Linux as well, though we have a few Mac boxes for Photoshop and other packages that can’t run on Linux. Kernel Space Linux 3.16-rc7 I’m happy to say that things have calmed down a bit, and things look to be on track. Which didn’t actually seem to be the case at all earlier…
 
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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

  • 7,000 EPO employees in DE, NL, AT & BE ... plus one in FR?

    31 Jul 2014 | 12:30 am
    EPO President Battistelli in his office. The Eiffel Tower is not visible from this angle, it would appear.Back in 2010, when Benoît Battistelli was first appointed as President of the European Patent Office (EPO), there was a certain lack of transparency in the election process. As a blog post by IAM Magazine reported at the time, mischievous rumours quickly emerged from the EPO staff union newsletter (PDF link) to fill the vacuum of information regarding the circumstances of Mr Battistelli’s appointment. Battistelli’s original contract was negotiated in secret with Mr Jesper Kongstad,…
  • From 1 October UK will have exceptions for private copying, broader quotation and parody

    30 Jul 2014 | 4:17 am
    Following some fear [here and here] that UK Government could have decided not to introduce exceptions for private copying, broader quotation and parody into UK copyright after all, last month this blog reported that the "missing" exceptions were back with new [well, not so new as they were basically unchanged] draft Statutory Instruments (SIs) [here and here].Following approval in the House of Commons earlier this month, yesterday at around 6:15 pm [as the illustrious and learned Katfriend who told this Kat specified] the House of Lords also approved the…
  • A scoop ... of yoghurt!

    30 Jul 2014 | 1:56 am
    Miffy just can't get enoughGreek yoghurt ..."Greek dairy company Fage wins yogurt case in Britain" is the headline of a piece of breaking news carried in Ekathimerini today. The yoghurt case in question is Fage UK Ltd & Another v Chobani UK Ltd & Another [the decision of Briggs J at trial is at [2013] EWHC 630 (Ch), noted by the IPKat here; the appeal decision, at [2014] EWCA Civ 5, featuring Lords Justices Lewison, Kitchin and Longmore, is noted by the IPKat hereThis Kat has been fascinated by this dispute for several reasons. First, he is on good terms with the legal teams on…
  • European Patent Reform: a high-power forum may be heading your way ...

    29 Jul 2014 | 4:22 pm
    MIP: food for thoughtWhile interest in the governance of Eponia (the eponymous Central European fiefdom of the European Patent Office) runs gratifyingly high, as the comments posted to Merpel's Sunday night blogpost testify, a more serious thread of interest in the present and future of the European patent system is not hard to discern either, as it weaves its way through the consciousness of the patent community.  One strand of this thread is an intriguing event hosted in two cities which, between them, hold so much of the fate of the new European patent regime in their hands: it's the…
  • Kanye West Ain’t No (Crypto) Banker

    29 Jul 2014 | 12:35 pm
    His Account is Not Likely OverdrawnOne of the defendants in the ‘Coinye West’ trademark infringement suit entered into a consent agreement with Kanye West and his company Mascotte Holdings (Plaintiffs) over the Coinye West crypto-currency. Judge Analisa Torres from the Southern District of New York issued the permanent injunction.Defendants had launched a crypto-currency, the COINYE WEST, or COINYE, or COYE on the <coinyewest.com> website in December 2013. They redirected the site to <coinyewest.in> after receiving a cease and desist letter from Kanye West’s attorneys. In…
 
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    Patent Docs

  • In re Patel (Fed Cir 2014)

    Patent Docs
    30 Jul 2014 | 9:03 pm
    By Kevin E. Noonan -- The Supreme Court has made a sport of reversing the Federal Circuit over the past decade or so, and other than reserved (and sometimes not so reserved) statements by members of the lower court, the Federal Circuit has (properly) deferred to the Supreme Court's decisions without much protest (albeit occasionally being able to demonstrate the difficulties in implementing the Court's holdings; see Alice Corp. v. CLS Bank Int'l). In a recent case regarding a U.S. Patent and Trademark Office obviousness determination, the Federal Circuit may have made such a statement in…
  • Court Report -- Part II

    Patent Docs
    29 Jul 2014 | 9:11 pm
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Acorda Therapeutics Inc. v. Actavis Laboratories FL Inc. 1:14-cv-00882; filed July 7, 2014 in the District Court of Delaware Infringement of U.S. Patent Nos. 8,007,826 ("Sustained Release Aminopyridine Composition," issued August 30, 2011), 8,354,437 ("Method of Using Sustained Release Aminopyridine Compositions," issued January 15, 2013), 8,440,703 (same title, issued May 14, 2013), and 8,663,685 ("Sustained Release Aminopyridine Composition," issued March 4, 2014) following a…
  • Finally, A Biosimilar Application Has Been Accepted By The FDA

    Patent Docs
    28 Jul 2014 | 9:59 pm
    By Andrew Williams -- In what is thought to be the first application accepted under the new biosimilar pathway created by the Biologics Price Competition and Innovation (BPCI) Act, Sandoz announced last Thursday that the U.S. Food and Drug Administration (FDA) has accepted its application to market a version of the protein filgrastim. Sandoz, a Novartis Group company, already markets a biosimilar filgrastim outside the U.S. under the brand name ZARZIO®. The reference product is Amgen's NEUPOGEN®, a 175 amino acid recombinant methionyl human granulocyte colony-stimulating factor…
  • Court Report

    Patent Docs
    27 Jul 2014 | 9:38 pm
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. GlaxoSmithKline LLC et al. v. Glenmark Generics Inc. USA 1:14-cv-00877; filed July 3, 2014 in the District Court of Delaware • Plaintiffs: GlaxoSmithKline LLC; SmithKline Beecham (Cork) Ltd. • Defendant: Glenmark Generics Inc. USA GlaxoSmithKline LLC et al. v. Teva Pharmaceuticals USA Inc. 1:14-cv-00878; filed July 3, 2014 in the District Court of Delaware • Plaintiffs: GlaxoSmithKline LLC; SmithKline Beecham (Cork) Ltd. • Defendant: Teva Pharmaceuticals USA Inc. The…
  • Conference & CLE Calendar

    Patent Docs
    27 Jul 2014 | 9:21 pm
    July 30, 2014 - "Ask the Office: New Guidance on Functional Claiming" (American Bar Association Section of Intellectual Property Law) - 1:00 to 2:30 pm (ET) July 30, 2014 - "Alice Corp. v. CLS Bank: Patent Eligibility of Software-Related Inventions" (Strafford) - 1:00 to 2:30 pm (EDT) August 7, 2014 - "Battling Patent Trolls: Leveraging AIA, State and Federal Legislative Action, and Other Key Developments" (Strafford) - 1:00 to 2:30 pm (EDT) August 13-15, 2014 - Advanced Patent Law Seminars (Chisum Patent Academy) - Seattle, WA August 18-19, 2014 - Advanced Patent Prosecution Workshop 2014:…
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    Patently-O » Patent

  • Jay Walker: Fix the Licensing System

    Dennis Crouch
    31 Jul 2014 | 8:27 am
  • Supreme Court Patent Cases Per Decade

    Dennis Crouch
    30 Jul 2014 | 9:23 am
    The Chart below is an update of one I published earlier this year. The new chart adds in a couple of extra cases that I had previously not included and also takes account of the Supreme Court’s spate of decisions this term, including Alice v. CLS Bank (subject matter eligibility); Nautilus v. Biosig (indefiniteness); Limelight v. Akamai (divided infringement for inducement); Highmark v. Allcare (attorney fee awards in exceptional cases); Octane Fitness v. Icon Health & Fitness (attorney fee awards in exceptional cases); and Medtronic v. Boston Scientific (burden of proving…
  • Interpreting Claims Against The Drafter

    Dennis Crouch
    29 Jul 2014 | 1:38 pm
    By Dennis Crouch Over the past year, the Federal Circuit has decided dozens of important patent cases. Of those, one of the most important appears to be 3M Innovative Props. Co. v. Tredegar Corp., 725 F.3d 1315 (Fed. Cir. 2013). When I wrote about the decision in August 2013, I titled my post “Judge Plager: Construe Ambiguous Terms Against the Drafter” In the decision, Judge Plager’s concurring opinion was the most pointed and poignant. However, each of the judges wrote their own opinions, with Judge Reyna writing for the majority and Judge O’Malley both…
  • Intellectual Property in an Independent Scotland

    Dennis Crouch
    28 Jul 2014 | 6:23 am
    Guest Post Author – Peter Arrowsmith, partner and (Scottish) patent attorney at Cleveland (p.arrowsmith@cleveland-ip.com). Introduction On 18 September 2014 the people of Scotland will vote in a referendum to decide their future: whether to continue as part of the United Kingdom, or whether to re-establish themselves as an independent country. For all Scottish people (and many British people from the remainder of the UK) this is an emotive debate, with strong opinions on both sides. As Scotland prepares for the referendum this article considers the possible impact of a ‘Yes’…
  • Trade Secrets, Trademarks, and Interstate Commerce

    Dennis Crouch
    27 Jul 2014 | 11:32 am
    By Dennis Crouch Society should always question rules where the rule-maker is not itself bound by the rules. Courts strongly enforce trade secret rights – except when it comes to discovery. The discovery process in litigation involves the forced disclosure of information between the various parties (as well as others with relevant information). The fact that information requested is a trade secret generally does little to prevent its disclosure. Rather, as with essentially all discovery requests, courts balance the need for disclosure against any countervailing privacy concerns. (The rules…
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    The Invent Blog

  • Does Idaho need a Patent and Trademark Resource Center?

    stevenipper
    23 Jul 2014 | 12:20 pm
    Did you know that there are currently three (3) U.S. states which do not have a Patent and Trademark Resource Center (PTRC) (f/k/a Patent and Trademark Depository Libraries (PTDL)). The states: Idaho, New Mexico, and Oregon. That list may soon change. Per an email I received today: Albertsons Library at Boise State University is investigating the idea of becoming a Patent and Trademark Resource Center (PTRC) and we’d like your help in exploring our options. A PTRC is a library which has made commitments to the United States Patent and Trademark Office (USPTO) to provide public…
  • 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.
 
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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

  • Registering Copyright For Deceased Photographer

    The Dear Rich Staff
    30 Jul 2014 | 6:00 am
    Dear Rich: My father, who died in 2008, was a talented amateur photographer in the 1950s and 1960s, and I’ve started to post some of his medium-format images online (none were ever published). I’d like to batch-register his images with the copyright office. I’ve registered many of my own images, but I’m not sure how to register images for someone who has died (I do have a copy of his death certificate, if that helps). Can you suggest the procedure? It sounds like you're already familiar with batch registrations of photos but if you need more information, read this circular. You'll…
  • Relationship Between Fair Use and Infringement

    The Dear Rich Staff
    29 Jul 2014 | 6:00 am
    Dear Rich: I was troubled by the blanket assertion in a recent post in which you stated that if you copied a copyrighted work without authorization, you're infringing. I believe that if your use is a fair use, you are not infringing. Or are you trying to suggest that a fair use is a form of authorization? We wrote, "If you copied a copyrighted work without authorization, you're infringing. Whether that's unlawful depends on whether you can mount a successful defense." In other words, we think fair use means "permissible infringement," and we think your position is that it means "no…
  • University Won't Patent My Invention

    The Dear Rich Staff
    25 Jul 2014 | 6:00 am
    It looks like I may have made a scientific breakthrough with definite commercial applications. The thing is the university patent office (who would own the work) is reluctant to start paperwork on it as they say a few patents have already been filed using similar "terms" and applications. The thing is, those ideas have been proven NOT to actually work, whereas I now have good solid data proving my concept (not based on anyone else's work) is the one that will produce results. If someone files a patent for a process, but that process is flawed and does not work, does their patent still hold?
  • Sold Original Painting: Who Gets Copyright?

    The Dear Rich Staff
    24 Jul 2014 | 6:00 am
    Dear Rich: Is it possible to sell an original painting and keep ownership at the same time? For example, if I sell the original to someone and later contract for the work to be used in another area of entertainment, could I maintain ownership of work? Unless an artist has signed a written agreement assigning copyright to the buyer  or establishing a work for hire agreeement, the artist retains copyright ownership of the image. That is the "default" arrangement when an artist sells a work. The artist retains exclusive rights to reproduce, license or make derivatives of the work while…
  • Wants to Use 1970s UK Public Service Films

    The Dear Rich Staff
    23 Jul 2014 | 6:00 am
    Dear Rich: I was hoping to use sections of the script/narration from a series of UK Public information films from the 1970’s as one visual element in my original artwork. The lines are either a short sentence or part of a sentence (no more than 12 words in one piece or work), and the artwork will be sold in a very limited print run. We think you can use the material without seeking permission. Even if the copyright owner of this 40-year old source material saw your limited edition prints, it's unlikely they would bring an action as the copying is probably too trivial to cause any damage (de…
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    Latest Patents

  • Amazon patents granted on 29 July 2014

    Administrator
    29 Jul 2014 | 4:08 pm
    7 US patents granted on 29 July 2014 and assigned to Amazon 1 8,793,805 Automatic application dependent anonymization 2 8,793,575 Progress indication for a digital work 3 8,793,343 Redundant storage gateways 4 8,793,250 Flexible partitioning of data 5 8,793,201 System and method for seeding rule-based machine learning models 6 8,793,068 Interpolating geolocation 7 8,792,930 Power management for wireless transmissions
  • Apple patents granted on 29 July 2014

    Administrator
    29 Jul 2014 | 4:08 pm
    34 US patents granted on 29 July 2014 and assigned to Apple 1 RE45,050 Systems and methods for determining the configuration of electronic connections 2 D709,915 Display screen or portion thereof with graphical user interface 3 D709,911 Display screen or portion thereof with graphical user interface 4 D709,894 Electronic device 5 D709,878 Display 6 D709,826 Electronic device 7 8,793,809 Unified tracking data management 8 8,793,773 System and method for providing reputation reciprocity with anonymous identities 9 8,793,611 Device, method, and graphical user interface for manipulating…
  • Canon patents granted on 29 July 2014

    Administrator
    29 Jul 2014 | 4:01 pm
    76 US patents granted on 29 July 2014 and assigned to Canon 1 8,793,592 Information processing apparatus, method for controlling information processing apparatus, and storage medium 2 8,793,586 Information processing apparatus, control method of the information processing apparatus, program thereof and storage medium storing the program 3 8,793,505 Encryption processing apparatus 4 8,793,454 Information processing apparatus and method of controlling the same 5 8,793,369 Management system, image forming apparatus, and method therefor 6 8,793,367 Communication unit, method of controlling…
  • eBay patents granted on 29 July 2014

    Administrator
    29 Jul 2014 | 4:00 pm
    5 US patents granted on 29 July 2014 and assigned to eBay 1 8,793,760 Authenticating online users with distorted challenges based on transaction histories 2 8,793,401 Method and system to modify function calls from within content published by a trusted web site 3 8,793,375 Prioritization of third party access to an online commerce site 4 8,793,368 Method and system for enterprise-wide migration 5 8,791,948 Methods and systems to generate graphical representations of relationships between persons based on transactions
  • Fujitsu patents granted on 29 July 2014

    Administrator
    29 Jul 2014 | 4:00 pm
    36 US patents granted on 29 July 2014 and assigned to Fujitsu 1 8,793,693 Apparatus and method for predicting a processing time of a computer 2 8,793,665 Performing taint analysis for javascript software using a control flow graph 3 8,793,643 Wiring-design support device, recording medium for wiring-design support program, and method for wiring-design support 4 8,793,548 Integrated circuit, simulation apparatus and simulation method 5 8,793,458 Transmission apparatus and control data processing method and program 6 8,793,455 Storage apparatus, control method for storage apparatus, and storage…
 
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    FreshPatents.com: Image analysis - USPTO Class 382 Patent Applications Update

  • Image encoding apparatus

    28 Jul 2014 | 1:43 pm
    An image encoding apparatus is provided which realizes an encoding process at a high bit rate without degradation in image quality at boundary parts within a picture. The image encoding apparatus 1 includes: a plurality of entropy encoding sections 105 and 106 for generating bit streams by entropy-encoding intermediate data...
  • Method and apparatus for enhancing stereo vision through image segmentation

    28 Jul 2014 | 1:43 pm
    A method and apparatus for segmenting an image are provided. The method may include the steps of clustering pixels from one of a plurality of images into one or more segments, determining one or more unstable segments changing by more than a predetermined threshold from a prior of the plurality...
  • Visible light communication signal display method and apparatus

    28 Jul 2014 | 1:43 pm
    A visible light communication signal display method of displaying (i) an image represented by video signals and (ii) an image obtained by encoding visible light communication signals includes: encoding at least part of the visible light communication signals to generate an encoded image; generating a plurality of sub-images which correspond...
  • Methods and apparatus for image analysis using threshold compactness features

    28 Jul 2014 | 1:43 pm
    A new family of morphological features, referred to herein as threshold compactness features, is provided, useful for automated classification of objects, such as cells, in images. In one embodiment, one or more thresholds and/or binary masks are applied to an image, and one or more provisional objects within a cell...
  • Detecting the location of a keyboard on a desktop

    28 Jul 2014 | 1:43 pm
    Methods and systems for detecting the location of a keyboard on a desktop. The method includes receiving an image of the desktop with the keyboard situated thereon and analyzing the image of the desktop to identify an area of the image corresponding to the keyboard. In one example, the image...
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    Intellectual Property RSS Feed | JD Supra Law News

  • The Trademark “Chaff” Quandary: PTO Report On Post-Registration Proof of Use

    Foley Hoag LLP - Trademark, Copyright &
    31 Jul 2014 | 11:20 am
    As any IP lawyer will readily admit, trademark practice before the United States Patent & Trademark Office (PTO) comes with its fair share of annoyances: inconsistent treatment of similar applications, unreasonably stringent identification...By: Foley Hoag LLP - Trademark, Copyright &
  • Federal Circuit Review - Nautilus, Limelight, and Alice (July 2014)

    Knobbe Martens Olson & Bear LLP
    31 Jul 2014 | 8:21 am
    Supreme Court Sets New Indefiniteness Standard - In Nautilus, Inc. v. Biosig Instruments, Inc., Appeal No. 13-169, the Supreme Court vacated and remanded Federal Circuit’s reversal of summary judgment because the Federal Circuit’s definiteness...By: Knobbe Martens Olson & Bear LLP
  • A Window into the Future for Apple’s Trade Dress?

    Winthrop & Weinstine, P.A.
    31 Jul 2014 | 7:54 am
    A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below......By: Winthrop & Weinstine, P.A.
  • Shire LLC v. Amneal Pharms., LLC (D.N.J.)

    Robins, Kaplan, Miller & Ciresi L.L.P.
    31 Jul 2014 | 7:11 am
    The defendants include generic ANDA applicants (the “generic defendants”) and the API manufacturer, Johnson Matthey, Inc. and Johnson Matthey Pharmaceutical Materials (collectively “JM”). Six summary judgment motions were filed with the court...By: Robins, Kaplan, Miller & Ciresi L.L.P.
  • Hoffmann-La Roche Inc. v. Apotex Inc. (Fed. Cir.)

    Robins, Kaplan, Miller & Ciresi L.L.P.
    30 Jul 2014 | 3:59 pm
    Hoffman-La Roche (“Roche”) appeals from the decision of the district court granting defendants summary judgment of invalidity as to claims 1-8 of the ’634 patent and claims 1-10 of the ’957 patent. The asserted claims describe a method of treating...By: Robins, Kaplan, Miller & Ciresi L.L.P.
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    Florida IP

  • Super Sacking -- Does a Covenant Not To Sue Eliminate Subject Matter Jurisdiction on a Subsequent Infringement Claim?

    Woodrow Pollack
    31 Jul 2014 | 4:30 am
    Apparently not.  Foliar Nutrients sued Plaint Food Systems (PFS) in 2004 for infringing a number of its patents.  After PFS sought reexamination of some of those patents, the parties settled.  That settlement called for Foliar to pay PFS $50,000 over five years, and included a mutual covenant not to sue where Foliar agreed not to assert its previously asserted patents and PFS agreed not to challenge their validity.The settlement didn't work.  After the first year's payment, the parties were unable to continue operating under the agreement.  PFS sued Foliar a couple of…
  • Stay Against a "Peripheral" Defendant?

    Woodrow Pollack
    28 Jul 2014 | 4:30 am
    Not if the defendant is a direct competitor.  The Andersons, Inc. has sued Harrell's, LLC and three other defendants for infringement of U.S. Patent Nos. 6,884,756; 8,435,321; and 8,574,631 relating to water-dispersible pellet fertilizer.  Harrell's asked the Court to stay the case against it, arguing that it was a "peripheral" defendant in that it merely bought the accused products from the other defendants and resold them.The Court outlined the law for such a stay:A district court has inherent discretionary authority to stay proceedings to control its docket and further the…
  • 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…
 
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    Patexia Rss Feed

  • Inside the stressed-out, time-crunched patent examiner workforce

    31 Jul 2014 | 9:41 am
    Inside the stressed-out, time-crunched patent examiner workforce - The Washington Post As patent examiners get promoted, they get less time to review patent applications, which leads them to approve more patents but at the risk of lowering patent quality, according to a new study.
  • Former NSA Director Pursuing Patent Applications

    31 Jul 2014 | 8:22 am
    Following up on Andy's NSA patent database post, the former NSA Director General Keith Alexander, who left the position in early 2014 to co-found IronNet Cybersecurity Inc., has said that he plans to file at least 9 patent applications related to technology for detecting network intruders. IronNet has been offerings its consulting services to major corporations, including those in the financial sector, at rates reportedly as high as $1M per month...
  • Here's all of the NSA's patents

    30 Jul 2014 | 11:20 am
    The NSA's Patents, in One Searchable Database
  • Samsung Granted Patent on Smartwatch

    30 Jul 2014 | 8:56 am
    Samsung's new patent reveals a round watch with a sensor in the band. Is Samsung finally about to ditch its bulky square smartwatches? Patent reveals circular design with a sensor in the band | Mail Online The patent was filed by the South Korean tech giant in March last year and awarded this week. It reveals what the firm calls its 'new design’ and shows a circular face (pictured).
  • Samsung uses the Alice v CLS Bank decision to go after Apple's slide-to-unlock patents

    29 Jul 2014 | 11:12 am
    Supreme Court’s new rules on abstract patents hit Apple v. Samsung | Ars Technica Samsung: "Slide to unlock" and "universal search" shouldn't have been patented.
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    Arizona IP Attorney » Blog

  • USSC Decision Favors Television Networks over Internet Business

    JacksonWhite Law
    29 Jul 2014 | 4:00 am
    On June 25, 2014, the United States Supreme Court decided that Aereo, a start-up internet business, had been publicly performing (a.k.a. airing or showing) copyrighted material.  This was a 6-3 decision, in which the plaintiff, the American Broadcasting Company (ABC) won and Aereo is now forced to pay retransmission fees. Aereo’s Business Aereo is an internet business that leases antennas to customers that receive a TV signal in order to allow the subscribers to stream particular television channels. Aereo charges eight to twelve dollars a month to lease the antenna to their customers. One…
  • Apple and Samsung Finding Common Ground in Patent Battle

    JacksonWhite Law
    24 Jul 2014 | 4:00 am
    Apple and Samsung are beginning to find common ground in their litigation war which has been going on for over three years about patent infringement. Galaxy S vs. iPhone Samsung has been a component supplier for Apple but their relationship went awry when Samsung launched their new phone, Galaxy S, in 2010. Apple found that the new phone had exactly the same features as their iPhone.  The screen, icons, scroll, and numerous other factors of the overall phone were identical between the two. The designers of the iPhone thought the Galaxy S was “pure piracy.” At a meeting between the…
  • Sherlock Holmes Copyright is Now Public

    JacksonWhite Law
    22 Jul 2014 | 4:00 am
    The seventh circuit court of appeals in Chicago ruled on June 16 that the copyright on Sherlock Holmes has expired. The copyright has been in dispute between the estate of Arthur Conan Doyle and editor, Leslie Klinger, of The New Annotated Sherlock Holmes. Background Information for the Trial Klinger sued the Doyle estate of copy fraud, which is the misuse of claiming property when it is in the public domain. According to The Guardian, when Klinger was about to publish A Study in Sherlock, an anthology of works inspired by Doyle’s character Sherlock Holmes, the Doyle estate contacted…
  • 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…
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