Contributions

AUSTRALIA: GenericsWeb

Thu, 24 Apr 2008 00:00:00 -0500

AU623144 – Validity of patent upheld in the Federal Court of Australia on 24/04/08.  Patent term slashed by 5 years after it was held that Lundbeck’s application for an extension of term was made outside the required time frame.  Lundbeck issued a statement that it intends to appeal the decision.

UNITED KINGDOM: GenericsWeb

Thu, 10 Apr 2008 00:00:00 -0500

EP0347066 – Lundbeck won their appeal on 10/04/08.

UNITED STATES: GenericsWeb

Thu, 06 Sep 2007 00:00:00 -0500

USRE34712 – The Court of Appeals for the Federal Circuit affirmed the decision on 05/09/07.

CANADA: Anonymous

Tue, 31 Jul 2007 00:00:00 -0500

Lundbeck v. Cobalt

CA1339452 – Prohibition Application against Cobalt. Hearing scheduled Dec 15, 2008.

UNITED STATES: GenericsWeb

Fri, 20 Jul 2007 00:00:00 -0500

US6703516 – Forest filed an infringement suit against Infosint in the United States District Court for the Southern District of New York on 19/07/07.

UNITED STATES: GenericsWeb

Sun, 08 Jul 2007 00:00:00 -0500

US6458973 – Forest filed an infringement suit against Infosint in the United States District Court for the Southern District of New York on 19/07/07.

CANADA: Anonymous

Fri, 01 Jun 2007 00:00:00 -0500

Lundbeck v.Apotex

CA1339452 – Prohibition Application against Apotex. Hearing scheduled Dec 8, 2008.

UNITED KINGDOM: GenericsWeb

Sat, 05 May 2007 00:00:00 -0500

EP0347066 – Teva, Generics UK and Arrow sought to revoke three claims of the patent and were successful on two of the claims in a hearing in the UK Patents Court on 04/05/07.

CANADA: Anonymous

Tue, 06 Mar 2007 00:00:00 -0500

Lundbeck v.Genpharm

CA1339452 – Prohibition Application against Genpharm. Hearing scheduled Dec 1, 2008.

UNITED KINGDOM: GenericsWeb

Thu, 03 Aug 2006 00:00:00 -0500

EP0347066 – Generics UK found not to infringe the patent in the UK Patents Court Chancery Division.  Appeal by Lundbeck was dismissed on 02/08/06 in the England and Wales Court of Appeal (Civil Division).

UNITED STATES: GenericsWeb

Fri, 14 Jul 2006 00:00:00 -0500

USRE34712 – Validity upheld in the United States District Court for the District of Delaware upon challenge by IVAX on 13/07/06.

AUSTRALIA: GenericsWeb

Sat, 20 May 2006 00:00:00 -0500

AU623144 – Direction handed down to amend the Patent Register in the Federal Court of Australia on 19/05/06, changing the expiry date to 09/12/12.

This scorecard tracks the dispute and its implications for European patent harmonisation and jurisprudence.

Contributions

UNITED KINGDOM: Duncan

Wed, 19 Mar 2008 01:00:00 -0500

Court of Appeal upholds Patents High Court ruling that patent is invalid for added subject matter.

European Central Bank v Document Security Systems Incorporated [2008] EWCA Civ 192

NETHERLANDS: Duncan

Wed, 12 Mar 2008 01:00:00 -0500

District Court of the Hague holds patent valid, all grounds of invalidity dismissed.

Link to the case (courtesy of Book9.nl)

European Central Bank v Document Security Systems, Inc. (12 March 2008), 269923 / HA ZA 06-2495

ITALY: Duncan

Fri, 01 Feb 2008 00:00:00 -0500

First of invalidity proceedings hearing dates.

FRANCE: Duncan

Wed, 09 Jan 2008 00:00:00 -0500

Le Tribunal de grande instance de Paris (troisieme chambre) nullifies DSS's patent because of added subject matter.

NETHERLANDS: Duncan

Sat, 15 Dec 2007 00:00:00 -0500

Revocation proceedings hearing.

EUROPE: Duncan

Thu, 06 Sep 2007 00:00:00 -0500

Court of First Istance declares DSS's claims for patent infringement inadmissible and dismisses them in all respects. The Court considered that only National Courts have authority to take notice of patent infringement claims.  DSS v ECB Case T‑295/05

FRANCE: Duncan

Tue, 05 Jun 2007 00:00:00 -0500

Nullity proceedings hearing.

GERMANY: Duncan

Wed, 28 Mar 2007 01:00:00 -0500

Bundespatentgericht upholds validity of patent.  No added subject matter and invention is new and inventive in all other respects.

UNITED KINGDOM: Duncan

Tue, 27 Mar 2007 01:00:00 -0500

DSS's patent revoked by UK Patents High Court for added subject matter. Otherwise held to be novel and not obvious.

European Central Bank v Document Security Systems, Inc. [2007] EWHC 600 (Pat)

UNITED KINGDOM: Duncan

Tue, 30 Jan 2007 00:00:00 -0500

Revocation proceedings trial ends.

UNITED KINGDOM: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in the United Kingdom.

LUXEMBOURG: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Luxembourg.

NETHERLANDS: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in the Netherlands.

BELGIUM: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Belgium.

FRANCE: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in France.

SPAIN: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Spain.

AUSTRIA: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Austria.

GERMANY: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Germany.

ITALY: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Italy.

EUROPE: Duncan

Fri, 21 Oct 2005 00:00:00 -0500

The European Central Bank challenges venue before the Court of First Instance.

EUROPE: Duncan

Tue, 02 Aug 2005 00:00:00 -0500

DSS summoned ECB to appear in the Court of First Instance asserting that production of Euro bank notes infringes DSS's European Patent EP0455750.

This scorecard tracks intellectual property events relevant to Perindoprili around the world.

Contributions

UNITED KINGDOM: Duncan

Fri, 09 May 2008 00:00:00 -0500

UK Court of Appeal affirms invalidity of Perindopril beta polymorph patent.  Senior appellate Judges are critical of the use of the patent to seek monopoly extension: (copy of decision in Bailii).

AUSTRALIA: Duncan

Thu, 08 May 2008 00:00:00 -0500

Australian Federal Court finds Servier engaged in misleading and deceptive conduct in breach of s 52 of the Trade Practices Act in relation to marketing of Coversyl: 

Apotex Pty Ltd (formerly GenRx Pty Limited) v Les Laboratoires Servier (No 2): (IPRoo),

CANADA: Duncan

Mon, 14 Apr 2008 00:00:00 -0500

Canada: Judicial review of Minister’s decision regarding bioavailability comparison: Apotex v Canada (Minister of Health) & Servier: (Pharmacapsules@Gowlings),

AUSTRALIA: Duncan

Fri, 11 Apr 2008 00:00:00 -0500

Perindopril polymorph opposition dismissed: Les Laboratoires Servier v Apotex Pty Ltd: (IPRoo),

CANADA: Duncan

Fri, 07 Mar 2008 00:00:00 -0500

Court quashes 6 subpoenas, lets final one stand on limited basis, subpoenas related to inventorship, conspiracy and claim correction: Les Laboratoires Servier v Apotex: (Gowlings),

FRANCE: Duncan

Sat, 13 Oct 2007 00:00:00 -0500

Servier acquires several more synthetic process patent families from Lupin in 20 million Euro deal: (Forbes ;  Business Standard)

FRANCE: Duncan

Mon, 02 Apr 2007 00:00:00 -0500

Servier acquires several synthetic process patents from Lupin.

This scorecard tracks the developments in shape / 3D trade marks across the globe.

Contributions

JAPAN: Duncan

Tue, 01 Jul 2008 00:00:00 -0500

Japan allows Coke bottle to be registered as 3D trade mark: (The IP Factor)

CHINA: Duncan

Wed, 18 Jun 2008 00:00:00 -0500

Pfizer loses trade mark action against Jaingsu Lianhuan Pharmaceutical Co over 3D mark: (Rouse & Co International)

CHINA: Duncan

Fri, 30 May 2008 00:00:00 -0500

Examination of 3D marks in China by Wang Ze: (IP Dragon),

JAPAN: Duncan

Thu, 29 May 2008 00:00:00 -0500

Intellectual Property High Court of Japan issues decision recognising Coca-Cola bottle as three-dimensional trade mark: (IP Law360), (Managing Intellectual Property),

AUSTRALIA: Duncan

Wed, 07 May 2008 00:00:00 -0500

Australian Federal Court delivers comprehensive judgment on goods or shape of goods as trade mark and functionality: Global Brand Marketing Inc v YD Pty Ltd: (IPRoo)

AUSTRALIA: Duncan

Wed, 07 May 2008 00:00:00 -0500

Federal Court hands down decision regarding registrability of shape marks, finding mark registrable but not infringed:

Global Branding Marketing Inc v YD Pty Ltd: (Australian Trade Marks Law Blog),

ISRAEL: Duncan

Tue, 29 Apr 2008 00:00:00 -0500

Israel Patent Office issues guidance on 3D trade marks: (The IP Factor),

"Acacia Research's subisidiaries are in the business of acquiring, developing, licensing and enforcing patents. We help patent holders protect their patented inventions from unauthorized use and generate revenue from licensing and, if necessary, enforcing their patents. Our clients are primarily individual inventors and small companies with limited resources to deal with unauthorized users but include some large companies wanting to generate revenues from their patented technologies."

This scorecard tracks intellectual property events relating to Acacia around the globe.

Contributions

UNITED STATES: Duncan

Thu, 26 Jun 2008 00:00:00 -0500

Acacia unit, Hospital Systems Corp, settles patent claims with Siemens Medical Solutions: (IP Law360),

UNITED STATES: Duncan

Mon, 23 Jun 2008 00:00:00 -0500

Cognex files defamation action against VCode Holdings (aka Acacia) over the company’s conduct during patent dispute: (Peter Zura's 271 Patent Blog),

UNITED STATES: Duncan

Wed, 21 May 2008 00:00:00 -0500

Patent asserted by Acacia and Veritec covering a type of scanner found to be invalid in case brought against Cognex: (IP Law360), (IPBiz),

UNITED STATES: Duncan

Mon, 14 Apr 2008 00:00:00 -0500

Multidistrict litigation created for photo-printing patent suits brought by Acacia against several camera manufacturers: (IP Law360),

UNITED STATES: Duncan

Wed, 26 Mar 2008 01:00:00 -0500

Acacia settles with SAS Institute, Quest Software, Aspen Technology, BMC Software, and F-Secure over patent dispute relating to rule-based monitoring technology used in computer systems: (IP Law360),

UNITED STATES: Duncan

Fri, 21 Mar 2008 01:00:00 -0500

Acacia Research Group settles patent infringement suit against AOL over technology that displays background images in instant messages and emails: (IP Law360)

UNITED STATES: Duncan

Wed, 12 Mar 2008 01:00:00 -0500

Patent Office agrees to reexamine Acacia JPEG patent: (Techdirt),

UNITED STATES: Duncan

Tue, 04 Mar 2008 00:00:00 -0500

Acacia settles lawsuit filed against Trend Micro for alleged infringement of intellectual property covering CDs or DVDs that include internet hyperlinks: (IP Law360),

UNITED STATES: Duncan

Fri, 08 Feb 2008 00:00:00 -0500

Acacia subsidiary Restricted Spending Solutions files patent infringement lawsuit against Apple over iTunes allowances: (Ars Technica), (Patent Troll Tracker), (Techdirt),

UNITED STATES: Duncan

Mon, 07 Jan 2008 00:00:00 -0500

Acacia unit drops claims against Verizon Wireless, the last remaining defendant in its patent infringement case over technology for transferring address data: (IP Law360),

UNITED STATES: Duncan

Tue, 04 Dec 2007 00:00:00 -0500

Acacia reaches settlement with Sharper Image: (IPLaw360),

UNITED STATES: Duncan

Fri, 23 Nov 2007 23:00:00 -0500

Acacia sues Google for patent infringement: (Patent Troll Tracker),

UNITED STATES: Duncan

Fri, 16 Nov 2007 23:00:00 -0500

Acacia loses patent case against Microsoft - in Texas: (IPBiz), (IPLaw360) , (Eastern District of Texas), (arstechnica)

This scorecard tracks intellectual property events involving Time Warner around the globe.

Contributions

SWEDEN: Duncan

Tue, 08 Jul 2008 00:00:00 -0500

Cop on payroll of Warner Bros during criminal investigation of Pirate Bay: (The Gray Blog)

UNITED STATES: Duncan

Thu, 26 Jun 2008 00:00:00 -0500

Aloft sues Yahoo, AT&T, AOL over browser patents: (IP Law360),

UNITED STATES: Duncan

Mon, 16 Jun 2008 00:00:00 -0500

RIAA drops Warner v Cassin, replaces it with Warner v Does 1-4 assigned to different judge: (Techdirt), (Ars Technica),

UNITED STATES: Duncan

Fri, 13 Jun 2008 00:00:00 -0500

Vtran’s 10 lawsuits over two video-on-demand patents against 22 cable industry defendants including Time Warner, Comcast and Verizon have been consolidated into single multidistrict litigation: (IP Law360)

SWEDEN: Duncan

Thu, 05 Jun 2008 00:00:00 -0500

Warner Music admits it hired police investigator before Pirate Bay investigation complete: (Techdirt)

UNITED STATES: Duncan

Thu, 01 May 2008 00:00:00 -0500

District Court tells Yahoo, AOL, RealNetworks they owe millions in royalties to songwriters for online music streaming: (Techdirt), (Ars Technica), (IP Law360),

UNITED STATES: Duncan

Thu, 01 May 2008 00:00:00 -0500

Bascom Global Internet Service files patent suit against Yahoo, AOL over parental controls: (IP Law360)

UNITED STATES: Duncan

Sun, 30 Mar 2008 01:00:00 -0500

Heirs of Superman’s creator Jerome Siegel win share of copyright with Time Warner: (IP Law360), (IPKat), (Public Knowledge),

UNITED STATES: Duncan

Fri, 28 Mar 2008 01:00:00 -0500

Warner Music backs ISP surcharge for music-sharing: (Techdirt), (Public Knowledge), (A Copyfighter’s Musings), (Ars Technica), (Michael Geist),

UNITED STATES: Duncan

Fri, 21 Mar 2008 01:00:00 -0500

Acacia Research Group settles patent infringement suit against AOL over technology that displays background images in instant messages and emails: (IP Law360)

UNITED STATES: Duncan

Sat, 02 Feb 2008 00:00:00 -0500

CAFC affirms lower court’s summary judgment against David Sitrick in his patent infringement case against DreamWorks and Warner Bros - CAFC continues to expand doctrine of full scope enablement: (Patent Prospector), (Patently-O), (IP Updates),

UNITED STATES: Duncan

Wed, 12 Dec 2007 00:00:00 -0500

Time Warner, Comcast Cleared In VOD Patent Suit: (IPLaw360),

UNITED STATES: Duncan

Tue, 27 Nov 2007 23:00:00 -0500

Altitude Capital Partners sues Google, Yahoo, AOL and others: (Patent Prospector), (IPLaw360),

INDIA: Duncan

Tue, 16 Oct 2007 00:00:00 -0500

Delhi High Court dismissed a petition by J K Rowling and Warner Brothers against a Durga Puja pandal in Kolkata's Salt Lake area allegedly replicating Hogwarts Castle. (Spicy IP)

This scorecard tracks intellectual property events relevant to Wal-Mart.

Contributions

UNITED STATES: Duncan

Thu, 26 Jun 2008 00:00:00 -0500

Adidas sues Wal-Mart for trade mark infringement over striped shoes: (The Trademark Blog),

UNITED STATES: Duncan

Fri, 20 Jun 2008 03:39:00 -0500

Patentee RFID appeals from summary judgment of noninfringement based on Judge Davis’ order on claim construction: (Patent Appeal Tracer),

UNITED STATES: Duncan

Sun, 18 May 2008 00:00:00 -0500

Ex-Ramones’ drummer’s copyright infringement case against Wal-Mart, Apple and others fails: (Patry Copyright Blog)

UNITED STATES: Duncan

Thu, 15 May 2008 00:00:00 -0500

Express sues Wal-Mart for trade mark infringement over ‘Express For Less’ tagline: (IP Law360),

UNITED STATES: Duncan

Thu, 10 Apr 2008 00:00:00 -0500

Wal-Mart learns painful copyright lesson: Flagler Productions, contracted to film Wal-Mart employees, releases videos to public: (Patry Copyright Blog), (Techdirt)

UNITED STATES: Duncan

Wed, 26 Mar 2008 01:00:00 -0500

Court rejects Wal-Mart’s trade mark infringement claims against Charles Smith over use of phrases including ‘walocaust’ and ‘wal-qaeda’ on parody t-shirts and bumper stickers: (Techdirt), (IP Law360)

UNITED STATES: Duncan

Mon, 17 Mar 2008 01:00:00 -0500

Oke K Nilssen’s fluorescent-light patent suit against retailers including Costco Wholesale Corp, Ikea, Wal-Mart Stores and Home Depot dismissed for inequitable conduct: (IP Law360),

UNITED STATES: Ducan

Mon, 03 Dec 2007 00:00:00 -0500

Amazon & Wal-Mart unwittingly team up against DRM: (ArsTechnica)

Contributions

UNITED STATES: Anonymous

Wed, 23 Apr 2008 00:00:00 -0500

Former Bristol-Myers Squibb VP indicted for lying about Plavix patent deal: (SmartBrief), (IPBiz), (IP Law360), (GenericsWeb),

UNITED STATES: Duncan

Wed, 23 Apr 2008 00:00:00 -0500

Apotex sues FDA to recover 180-day exclusivity on generic Plavix: (Orange Book Blog),

THAILAND: Duncan

Thu, 13 Mar 2008 01:00:00 -0500

Sanofi in negotiations with Thai government to prevent Cadila from obtaining a compulsory licence to market generic clopidogrel in Thailand: (Generic Pharmaceuticals & IP), (GenericsWeb),

INDIA: Duncan

Wed, 13 Feb 2008 00:00:00 -0500

Sanofi threatens Cadila and BioScience with suit over supply of generic Plavix despite compulsory licence issued by Thailand: (Generic Pharmaceuticals & IP),

CANADA: Anonymous

Fri, 06 Jul 2007 00:00:00 -0500

Leave to appeal to Supreme Court of Canada filed by Apotex and granted, July 5 2007 (Docket #31881): The issues are “test for obviousness” and the “doctrine of selection patents”. The prior art CA’875 patent claimed a racemate, and two enantiomers. The question is whether Sanofi-Synthelabo was entitled to a second patent, the CA’777 patent. Tentative hearing date: April 16, 08.

UNITED STATES: GenericsWeb

Sat, 02 Jun 2007 00:00:00 -0500

A permanent injunction was granted in United States District Court for the Southern District of New York in June 2007.

CANADA: Anonymous

Sat, 23 Dec 2006 00:00:00 -0500

Apotex filed a motion to appeal the earlier prohibition order. The Federal Court of Appeal (FCA) dismissed Apotex’s appeal, Dec 22, 2006 (2006 FCA 421): The FCA held it is non-obvious to isolate clopidogrel, an enantiomer, from a known racemate, although it was uncontested that methods of separating and testing the enantiomers were known. The FCA held that the CA1336777 was a valid selection patent in that it “selected” the enantiomer from a known genus (CA1194875).

UNITED STATES: GenericsWeb

Fri, 02 Jun 2006 00:00:00 -0500

The United States Court of Appeals for the Federal Circuit upheld preliminary injunction against Apotex issued by the United States District Court for the Southern District of New York on 08/12/06.  The injunction ordered Apotex to halt its sales of a generic version of clopidogrel bisulfate pending the District Court's decision in the trial on the merits. 

UNITED KINGDOM: GenericsWeb

Sat, 06 Aug 2005 00:00:00 -0500

EP0281459 - Aircoat withdrew a revocation action by which it had sought to invalidate the Sanofi patent.  The matter was to take place in the Court of Session in Glasgow, Scotland. (Sanofi Press release)

CANADA: Anonymous

Tue, 22 Mar 2005 00:00:00 -0500

Prohibition against Apotex granted by the Federal Court March 21, 2005 (2005 FC 390).

CANADA: Anonymous

Tue, 29 Apr 2003 00:00:00 -0500

Sanofi-Aventis v. Apotex re. CA1336777

Sanofi-Aventis filed an Application for a Prohibition Order against Apotex (i.e. prohibit the Minister of Health to issue the marketing authorization to Apotex), April 28, 2003.

Contributions

UNITED STATES: Duncan

Wed, 18 Jun 2008 00:00:00 -0500

North Carolina Farmers’ Assistance Fund sues Monsanto for false patent marking: (IP Law360),

UNITED STATES: Duncan

Fri, 23 May 2008 00:00:00 -0500

Monsanto, Syngenta settle patent and antitrust disputes over herbicide resistance and genetically modified soybean technology: (IP Law360),

UNITED STATES: Duncan

Thu, 08 May 2008 00:00:00 -0500

Supreme Court petition for certiorari; ‘whether… process patent cannot be infringed under either 35 U.S.C. § 271(a) or 35 U.S.C. § 271(g) unless every step of the patented process is performed during the term of the patent’: Monsanto v Syngenta: (Hal Wegner),

UNITED STATES: Anonymous

Wed, 23 Apr 2008 00:00:00 -0500

CAFC orders Bayer Bioscience to pay Monsanto’s attorneys fees due to Bayer’s inequitable conduct during prosecution of transgenic corn patents: (IP Law360), (Patent Prospector),

EUROPE: Duncan

Fri, 04 Apr 2008 00:00:00 -0500

Cefetra BVMonsanto Technology LLC v first national court referral to the ECJ on interpretation of Biotech Directive: (Hal Wegner)

EUROPE: Duncan

Wed, 19 Mar 2008 01:00:00 -0500

Limitations on the scope of DNA patent claims in Europe: Monsanto struggles in its attempt to block importation of soy meal: (Holman’s Biotech IP Blog),

UNITED STATES: Duncan

Tue, 05 Feb 2008 00:00:00 -0500

Monsanto’s Roundup Ready GMO patents convincingly upheld on appeal in another case against a farmer: Monsanto v David: (Patently-O), (Patent Prospector), (Harold Wegner), (Patent Docs), (Holman’s Biotech IP Blog), (IPBiz),

UNITED KINGDOM: Duncan

Thu, 11 Oct 2007 00:00:00 -0500

Monsanto's infamous Roundup ready patent, EP0546090 valid but not infringed in the UK (Monsanto Technology LLC v Cargill International SA). (The patent has previously been the subject of much controversy, and had already been the target of anti-GM groups. (IPKat), (IP Think Tank)

UNITED STATES: Duncan

Wed, 25 Jul 2007 00:00:00 -0500

USPTO rejects four key Monsanto patents related to genetically modified crops after Re-examination requested by the Public Patent Foundation: (PubPat)

This scorecard tracks intellectual property events involving Fujitsu around the globe.

Contributions

UNITED STATES: Duncan

Thu, 12 Jun 2008 22:54:00 -0500

Tellabs sues Fujitsu for wilful violation of optical communications patent: (IP Law360),

UNITED STATES: Duncan

Tue, 20 May 2008 00:00:00 -0500

Summary of Nanya Technology patent war against Fujitsu over DDR SDRAM chip technology: (Patent Prospector),

JAPAN: Duncan

Mon, 19 May 2008 00:00:00 -0500

Nanya drops appeal in DRAM suit against Fujitsu: (IP Law360),

UNITED STATES: Duncan

Wed, 09 Apr 2008 00:00:00 -0500

Judge stays Nanya Technology Corp’s declaratory judgment counterclaims in DRAM patent infringement dispute with Fujitsu: (IP Law360),

UNITED STATES: Duncan

Tue, 11 Mar 2008 01:00:00 -0500

KLA-Tencor challenges validity of Fujitsu’s patent for methods of making semiconductor chips using advanced optics: (IP Law360),

This scorecard tracks intellectual property events involving IBM around the Globe.

Contributions

UNITED STATES: Duncan

Tue, 08 Jul 2008 00:00:00 -0500

IBM spells out position on business method patents in IAM exclusive: (IAM),

EUROPE: Duncan

Thu, 03 Jul 2008 00:00:00 -0500

IBM buys mainframe rival Platform Solutions to end IP, antitrust disputes: (IP Law360),

UNITED STATES: Duncan

Thu, 03 Jul 2008 00:00:00 -0500

IBM buys mainframe rival Platform Solutions to end IP, antitrust disputes: (IP Law360),

UNITED STATES: Duncan

Thu, 26 Jun 2008 00:00:00 -0500

IBM’s Kappos says Big Blue is opposed to business method patents: (IAM),

EUROPE: Anonymous

Tue, 22 Apr 2008 00:00:00 -0500

IBM faces EU competition scrutiny on mainframe business: (IP Law360),

UNITED STATES: Duncan

Fri, 04 Apr 2008 00:00:00 -0500

Asustek Computer, which is being sued by IBM for patent infringement, has fired off its own lawsuit claiming IBM is infringing its patents for remote storage and modulized server technology: (IP Law360), (IPBiz),

UNITED STATES: Duncan

Fri, 15 Feb 2008 00:00:00 -0500

Stephen Norris Capital Partners finances reorganization of SCO and plans for SCO to pursue Novell/IBM litigation aggressively despite the company’s earlier litigation failure: (Ars Technica), (Techdirt), (IP Law360), (Against Monopoly),

UNITED STATES: Duncan

Mon, 14 Jan 2008 00:00:00 -0500

IBM and World Business Council for Sustainable Development Team With Nokia, Pitney Bowes, and Sony to Establish Eco-Patent Commons: (IAM), (IBM press release)

This scorecard tracks intellectual property events involving Samsung around the globe.

Contributions

UNITED STATES: Duncan

Tue, 08 Jul 2008 00:00:00 -0500

ITC staff recommendation against granting injunctive relief in InterDigital’s action against Samsung over cell phone patents; InterDigital share price tumbles: (Patent Prospector), (IP Law360), (IAM),

UNITED STATES: Duncan

Thu, 03 Jul 2008 00:00:00 -0500

Cheetah Omni files patent infringement suit against Samsung Electronics, and Mitsubishi Digital Electronics over digital light processing televisions: (IP Law360),

UNITED STATES: Duncan

Wed, 02 Jul 2008 00:00:00 -0500

EZ4Media files patent infringement suits against Samsung and Logitech over patents involving wireless streaming of digital media: (IP Law360),

UNITED STATES: Duncan

Tue, 01 Jul 2008 00:00:00 -0500

Rambus, Samsung spar over claims that Rambus’ former in-house counsel misappropriated confidential information regarding memory chip patents owned by Samsung: (IP Law360),

UNITED STATES: Duncan

Tue, 17 Jun 2008 00:00:00 -0500

Samsung sues Polaroid Corp and Westinghouse Digital Electronics claiming their digital television products infringe four of its patents: (IP Law360),

UNITED STATES: Duncan

Tue, 17 Jun 2008 00:00:00 -0500

Samsung sues Polaroid Corp and Westinghouse Digital Electronics claiming their digital television products infringe four of its patents: (IP Law360),

UNITED STATES: Duncan

Tue, 10 Jun 2008 00:00:00 -0500

Cisco and Intel join WiMAX Open Patent Alliance with Samsung, Sprint Nextel, Alcatel-Lucent and Clearwire: (IPBiz), (Techdirt), (IP Law360),

UNITED STATES: Duncan

Mon, 09 Jun 2008 00:00:00 -0500

Mitsumi sues Samsung over disk drive patents: (IP Law360),

UNITED STATES: Duncan

Tue, 03 Jun 2008 00:00:00 -0500

Mitsubishi Electric Corp, Samsung Electronics Co, Sony Corp, Philips Electronics and others file suit against Vizio claiming its flat-panel TV infringes their compression-standard technology patents: (IP Law360),

UNITED STATES: Duncan

Tue, 20 May 2008 00:00:00 -0500

Samsung Renesas settle DRAM infringement disputes: (IP Law360),

UNITED STATES: Duncan

Fri, 02 May 2008 00:00:00 -0500

Samsung dealt another setback in Rambus patent disputes - Judge Ronald M. Whyte denied Samsung's motion for summary judgment that its memory products did not infringe Rambus’ series of patents in two cases pending in the U.S. District Court: (IP Law360),

UNITED STATES: Duncan

Tue, 29 Apr 2008 00:00:00 -0500

CAFC grants Rambus final victory in semiconductor patent dispute with Samsung: (IP Law360 ), (Patent Prospector), (Hal Wegner),

UNITED STATES: Duncan

Tue, 08 Apr 2008 00:00:00 -0500

Judge won’t toss Samsung DRAM patent suit against ON Semiconductor Corp: (IP Law360),

UNITED STATES: Duncan

Mon, 07 Apr 2008 00:00:00 -0500

Traffic navigation unit inventor Adamasu Gebre sues Ford, General Motors and Samsung for patent infringement: (IP Law360),

UNITED STATES: Duncan

Thu, 20 Mar 2008 01:00:00 -0500

ITC begins investigation into whether numerous companies (including Hitachi, LG, Lite-On, Matsushita, Motorola, Nokia, Pioneer, Samsung, Sanyo, Sharp, Sony, Toshiba) infringed Dr G N Rothschild’s LED patents: (Ars Technica), (Techdirt), (Philip Brooks), (IPBiz),

UNITED STATES: Duncan

Wed, 12 Mar 2008 01:00:00 -0500

E.Digital sues LG Electronics, Nikon, Samsung Electronics and others for infringement of patents relating to flash memory technology: (IP Law360),

UNITED STATES: Duncan

Fri, 29 Feb 2008 00:00:00 -0500

ITC agrees to begin investigation into patent infringement allegations filed by Sharp against Samsung, a month after agreeing to consider similar claims by Samsung against Sharp: (IP Law360),

JAPAN: Duncan

Tue, 29 Jan 2008 00:00:00 -0500

Matsushita and Samsung have settled all ongoing patent infringement suits in the USA and Japan over semiconductor technology: (IPLaw360)

UNITED STATES: Duncan

Tue, 29 Jan 2008 00:00:00 -0500

Matsushita and Samsung have settled all ongoing patent infringement suits in the USA and Japan over semiconductor technology: (IPLaw360)

UNITED STATES: Duncan

Mon, 28 Jan 2008 00:00:00 -0500

Rambus has prevented its rivals from using the expression ‘patent troll’ in its dynamic random access memory chip patent case against Hynix, Samsung, Nanya and Micron: (IP Law360), (Patent Prospector),

UNITED STATES: Duncan

Wed, 23 Jan 2008 00:00:00 -0500

ITC to investigate Samsung's claims that Japan-based Sharp Corp. and its U.S. subsidiaries are infringing LCD patents through the importation of televisions, laptops and cell phones: (IP Law360),

UNITED STATES: Duncan

Wed, 02 May 2007 00:00:00 -0500

Samsung lodges a complaint with the U.S. International Trade Commission against Renesas Technology, contending that the Japanese chipmaker infringed on its patents for high-speed dynamic random access memory chips.

(Korea Times)

Contributions

UNITED STATES: Duncan

Sat, 26 Jul 2008 00:00:00 -0500

Protective order allows UMG, Napster, Apple and Yahoo to provide limited information about operative agreements between them in copyright case brought by Bridgeport Music: (IP Law360),

UNITED STATES: Duncan

Sun, 20 Jul 2008 00:00:00 -0500

Clear with Computers files patent infringement suit against Apple and Hewlett-Packard over custom configuration ordering systems: (Ars Technica),

UNITED STATES: Duncan

Tue, 08 Jul 2008 00:00:00 -0500

After finishing dispute with Cisco, Apple formally files trade mark application for ‘iPhone’ with USPTO: (Catch Us If You Can!!!),

EUROPE: Duncan

Tue, 01 Jul 2008 00:00:00 -0500

CFI rules goods can be similar even if neither competing nor complementary: Case T-328/05 Apple Computer v OHIM, TKS-Teknosoft: (Class 46),

UNITED STATES: Duncan

Fri, 27 Jun 2008 00:00:00 -0500

Apple, Hewlett-Packard, Dell sued over computer systems patents by Saxon Innovations: (IP Law360),

UNITED STATES: Duncan

Tue, 24 Jun 2008 00:00:00 -0500

Typhoon adds 10 companies, including Apple, Nokia, and LG Electronics, to touch screen patent suit: (IP Law360), (Ars Technica),

UNITED STATES: Duncan

Thu, 19 Jun 2008 00:00:00 -0500

Clear With Computers (formerly Orion IP) sues Apple and Hewlett-Packard over online sales patents: (IP Law360),

UNITED STATES: Duncan

Wed, 18 Jun 2008 00:00:00 -0500

Klausner Technology settles patent lawsuits against Apple and AT&T over iPhone’s visual voicemail feature: (Ars Technica), (Techdirt), (IP Law360),

CANADA: Duncan

Wed, 04 Jun 2008 00:00:00 -0500

Apple iTunes to offer downloadable movies in Canada – highlights issues of net neutrality and DMCA: (Michael Geist),

UNITED STATES: Duncan

Thu, 22 May 2008 00:00:00 -0500

Man & Machine sues Apple and CBS alleging trade mark infringement related to use of ‘Mighty Mouse’ trade mark: (Ars Technica), (IP Down Under), (IP Law360),

UNITED STATES: Duncan

Mon, 19 May 2008 00:00:00 -0500

Apple sues iPod accessories maker Atico International for patent and trade mark infringement: (IP Law360)

UNITED KINGDOM: Anonymous

Mon, 28 Apr 2008 00:00:00 -0500

UKApple threatens legal action against 11 UK e-tailers unless they stop selling iPods imported from outside the  : (Out-Law),

UNITED STATES: Duncan

Mon, 28 Apr 2008 00:00:00 -0500

Henry Milan files patent suit against Apple over iPod connector: (IP Law360), (Philip Brooks)

UNITED STATES: Duncan

Fri, 18 Apr 2008 00:00:00 -0500

Ex-Ramones’ drummer’s copyright infringement case against Wal-Mart, Apple and others fails: (Patry Copyright Blog)

UNITED STATES: Anonymous

Thu, 17 Apr 2008 00:00:00 -0500

Publication of Apple patent application for ‘enhancing online shopping atmosphere’ - troll-like?: (IPBiz)

UNITED STATES: Duncan

Fri, 04 Apr 2008 00:00:00 -0500

Apple challenges NYC & Co to trade mark logo for GreeNYC environmental campaign: (Ars Technica), (Against Monopoly), (IP Law360), (Trademark Blog),

UNITED STATES: Duncan

Mon, 17 Mar 2008 01:00:00 -0500

Apple sued by Mirror Worlds over document streaming patents: (IP Law360), (Ars Technica), (IPBiz),

UNITED STATES: Duncan

Wed, 12 Mar 2008 01:00:00 -0500

ZapMedia media files patent infringement suit against Apple over iTunes: (Patent Prospector), (IP Law360), (Ars Technica), (Techdirt)

UNITED STATES: Duncan

Wed, 06 Feb 2008 00:00:00 -0500

Acacia subsidiary 'Restricted Spending Solutions' files patent infringement lawsuit against Apple over iTunes allowances: (Ars Technica), (Patent Troll Tracker), (Techdirt),

UNITED STATES: Duncan

Tue, 22 Jan 2008 00:00:00 -0500

Minerva asserts new patent relating to cellular technology against Apple and numerous others: (Patent Troll Tracker), (IP Law360), (Ars Technica),

UNITED STATES: Duncan

Thu, 03 Jan 2008 00:00:00 -0500

Apple settles video-on-demand patent dispute with Intertainer Inc.: (IP Law360),

UNITED STATES: Duncan

Fri, 21 Dec 2007 00:00:00 -0500

Apple Inc settles with ‘Think Secret’ blogger over alleged disclosure of trade secrets: (IP Law360), (Ars Technica)

UNITED STATES: Duncan

Sat, 03 Nov 2007 00:00:00 -0500

Wi-LAN files patent infringement suit against Dell, Apple, Sony and Intel and others over Wi-Fi technology: (OUT-LAW),

CANADA: Duncan

Tue, 01 Nov 2005 23:00:00 -0500

Comwave Telecom Inc. opposes Apple's iPhone trade mark application and files its own application citing prior use back to 2004: (Canadian Trademark Blog),

CANADA: Duncan

Fri, 01 Oct 2004 00:00:00 -0500

Apple applies for 'iPhone' trade mark in Canada: (Canadian Trademark Blog),

Contributions

UNITED STATES: Duncan

Wed, 25 Jun 2008 00:00:00 -0500

Erbe and Canady appeal split judgement in their dispute over patents related to endoscopic probes and electrosurgical units and trade mark rights in the colour blue: (Patent Appeal Tracer),

AUSTRALIA: Duncan

Fri, 11 Apr 2008 00:00:00 -0500

Cadbury loses latest round of Australian Federal Court battle over exclusive use of colour purple for chocolate wrapping in its case against Darrell Lea: (Australian Trade Marks Law Blog), (IP Down Under), (IPKat), (IPwar’s),
copy of decision - Cadbury Schweppes v Darrell Lea Chocolate Shops (No 8) [2008] FCA 470

AUSTRALIA: Duncan

Tue, 15 Jan 2008 00:00:00 -0500

Australian Trade Marks Office suspends three ‘Purple’ oppositions pending final determination of the related passing-off proceedings in the Federal Court: (Australian Trade Marks Law Blog),

KENYA: Duncan

Fri, 21 Dec 2007 00:00:00 -0500

Kenya Appeal Court denies single colour protection in (British American Tobacco Kenya Ltd ("BAT") v Cut Tobacco Kenya Ltd ("CUTT") ) :

(Afro-IP),

GERMANY: Duncan

Thu, 06 Dec 2007 00:00:00 -0500

Federal Patent Court on trade mark protection for the colour ‘red’.

"If an abstract colour is used in connection with goods over a longer period of time in such a way that it creates an interconnection between the colour and the goods on the one hand and between the colour and the manufacturer of the goods on the other hand, one can assume, that the targeted consumers will have become accustomed to recognising the colour not merely as the colour of the goods but as a sign that indicates trade origin." [unofficial translation]

(Class 46),

NEW ZEALAND: Duncan

Fri, 22 Jun 2007 00:00:00 -0500

New Zealand Court of Appeal refuses Cadbury's attempted trade mark registration for the word PURPLE as it would afford Cadbury a de facto monopoly on use of the word PURPLE and provide a disincentive to other traders using that word, even in a descriptive sense, on purple goods - something not within the scheme of the trade mark regime.

Copy of Judgment.

(Bell Gully), (IP Down Under)

Contributions

UNITED STATES: Duncan

Thu, 24 Jul 2008 00:00:00 -0500

Typhoon adds 10 companies, including Apple, Nokia, and LG Electronics, to touch screen patent suit: (IP Law360), (Ars Technica),

UNITED STATES: Duncan

Mon, 16 Jun 2008 00:00:00 -0500

ITC dismisses part of patent case between LG Electronics and Whirlpool, ruling two of Whirlpools patents for refrigerator technology are invalid: (IP Law360)

UNITED STATES: Duncan

Thu, 12 Jun 2008 22:58:00 -0500

US Supreme Court reverses CAFC decision in Quanta v LG Electronics; method patents exhaustible and sales of products that that do not fully practice an invention can still trigger exhaustion when the products include essential features of the patent and the “reasonable and intended use” of the product is to practice to patent:

(Peter Zura's 271 Patent Blog), (IP Updates), (Hal Wegner), (Patently-O), (Techdirt), (Patent Prospector), (Ars Technica), (Patent Docs), (Agricultural Law Blog), (Filewrapper), (Intellectual Property Law Blog), (Philip Brooks), (Philip Brooks guest blog), (IP ThinkTank), (Electronic Frontier Foundation), (IAM), (IAM), (IPBiz), (IPEG), (Broken Symmetry), (Managing Intellectual Property), (Patry Copyright Blog), (The Fire of Genius), (Intellectual Property Law Blog), (IP Law360), (IP Law360), (IP Law360), (Hal Wegner),

UNITED STATES: Duncan

Fri, 02 May 2008 00:00:00 -0500

LG and identity-security company L-1 Identity Solution reach deal in iris-recognition technology suit: (IP Law360),

UNITED STATES: Duncan

Fri, 25 Apr 2008 00:00:00 -0500

LG Electronics files suit against Whirlpool Corp, claiming infringement of three patents covering refrigerator components; Whirlpool counterclaims infringement of its patents: (IP Law360), (IP Law360),

UNITED STATES: Duncan

Wed, 16 Apr 2008 00:00:00 -0500

DTL Licenses key cell phone patent to LG Electronics: (Philip Brooks),

UNITED STATES: Duncan

Thu, 03 Apr 2008 00:00:00 -0500

LCD patent case Chi Mei Optoelectronics Corporation v LG Phillips LCD Co Ltd et al transferred to Delaware: (EDTexweblog.com), (IP Law360),

UNITED STATES: Duncan

Thu, 27 Mar 2008 01:00:00 -0500

ITC begins investigation into whether numerous companies (including Hitachi, LG, Lite-On, Matsushita, Motorola, Nokia, Pioneer, Samsung, Sanyo, Sharp, Sony, Toshiba) infringed Dr G N Rothschild’s LED patents: (Ars Technica), (Techdirt), (Philip Brooks), (IPBiz),

UNITED STATES: Duncan

Wed, 12 Mar 2008 01:00:00 -0500

E.Digital sues LG Electronics, Nikon, Samsung Electronics and others for infringement of patents relating to flash memory technology: (IP Law360),

UNITED STATES: Duncan

Wed, 12 Mar 2008 01:00:00 -0500

Intellect Wireless files patent infringement complaints against Motorola, LG Electronics, T-Mobile, Sanyo and others concerning wireless communication features, including paging and caller ID: (Patent Prospector), (IP Law360),

UNITED STATES: Duncan

Thu, 24 Jan 2008 00:00:00 -0500

Whirlpool files International Trade Commission action against LG over technology used refrigerators: (IPBiz), (The IP Factor), (IP Law360)

UNITED STATES: Duncan

Thu, 24 Jan 2008 00:00:00 -0500

LG, Thomson Inc., Nspire Systems Inc., and Flash Ventures Inc. sued by Ennova Direct for allegedly infringing the company’s flash memory drive patent: (IP Law360)

Contributions

UNITED KINGDOM: Duncan

Wed, 09 Jul 2008 00:00:00 -0500

House of Lords reverses Court of Appeal and finds Angiotech’s stent patent valid.  In so doing, makes it harder to invalidate based on obviousness: Conor MedSystems v Angiotech Pharmaceuticals: (IPKat), (IPKat), (IP Law360), (Hal Wegner),

UNITED STATES:

Thu, 12 Jun 2008 22:51:00 -0500

US Supreme Court reverses CAFC decision in Quanta v LG Electronics; method patents exhaustible and sales of products that that do not fully practice an invention can still trigger exhaustion when the products include essential features of the patent and the “reasonable and intended use” of the product is to practice to patent:
(Peter Zura's 271 Patent Blog), (IP Updates), (Hal Wegner), (Patently-O), (Techdirt), (Patent Prospector), (Ars Technica), (Patent Docs), (Agricultural Law Blog), (Filewrapper), (Intellectual Property Law Blog), (Philip Brooks), (Philip Brooks guest blog), (IP ThinkTank), (Electronic Frontier Foundation), (IAM), (IAM), (IPBiz), (IPEG), (Broken Symmetry), (Managing Intellectual Property), (Patry Copyright Blog), (The Fire of Genius), (Intellectual Property Law Blog), (IP Law360), (IP Law360), (IP Law360), (Hal Wegner),

EUROPE: Duncan

Thu, 12 Jun 2008 22:48:00 -0500

ECJ rules trade mark holders cannot stop honest comparative advertising: O2 Holdings Limited and O2 (UK) Limited v Hutchinson 3G UK Limited: (Out-Law), (Catch Us If You Can!!!), (IPKat), (IPKat), (Class 46), (IPKat), (IP Law360),

INDIA: Duncan

Tue, 27 May 2008 00:00:00 -0500

Khoday Khoday India Limited vs The Scotch Whisky Association and others (Civil Appeal 4179 of 2008: decided on May 27, 2008)

The Supreme Court (Justice Sinha and Justice LS Panta) held in favour of KIL's right to continue being the registered proprietor of the "Peter Scot" mark. One of the factors that influenced the court to hold the way it did was the delay/acquiescence on the part of SWA i.e. although SWA had knowledge about registration of the 'Peter Scot' trademark as early as September 1974, it waited for more than 12 years to move the Registrar for deletion of the said mark. The judge held that “We, therefore, in the peculiar facts and circumstances of this case, are of the opinion that action of the respondents is barred under the principles of acquiescence and/ or waiver.

“Khoday India Ltd (KIL) started producing 'Peter Scot' whisky in 1968 and got the trademark registered in 1974. After 13 years, the Scotch Whisky Distillers Association (SWDA), an industry body of distillers, blenders and exporters of Scotch whisky, moved the Assistant Registrar Trademarks for cancellation of the registered trademark 'Peter Scot' on the ground of its deceptive similarity to a foreign mark (Scotch whisky).”

Thanks to SpicyIP, see also Times of India;

INDIA: Duncan

Fri, 16 May 2008 00:00:00 -0500

M/s Entertainment Network (India) Ltd. Vs M/s Super Cassette Industries Ltd (Civil Appeal NO. 5114 of 2005, May 16, 2008)

This case relates to the “scope” of compulsory licensing (CL) of sound recordings under Indian law.
PPL is one of the two collecting societies in India.  PPL argued that a compulsory license could issue only if the ”work” had never been made available to the public earlier.  Whereas the radio stations argued for an almost automatic compulsory licence to be granted upon request and the only point for consideration was a determination of “reasonable royalty”.

Justice Sinha (again sitting with Justice LS Panta) held in favour of the latter interpretation. A second issue pertained to whether the Act (section 31 (2)) restricted CL applications to only one party or whether multiple parties could apply. Here again, although a literal reading of the section made clear that there could only be one such applicant, Jusice Sinha adopted a “purposive” approach and held in favour of multiple applicants. He noted in particular that:

Thanks to SpicyIP.

INDIA: Duncan

Fri, 16 May 2008 00:00:00 -0500

Kabushiki Kaisha Toshiba vs TOSIBA Appliances Co. & Ors: Civil Appeal No 3639 of 2008 (decided May 16, 2008)

This case involved an application to rectify the register of trademarks under section 46 on the ground that the mark “Toshiba” was never “used” in India (in relation to some goods such as washing machines and spin dryers) and that the proprietor of this mark indulged in “trademark trafficking”.

The court (Justice Sinha sitting with LS Panta) seemed to suggest that a mere use of the mark in relation to servicing centers (which serviced washing machines imported from abroad) could amount to “use”. And that a person such as the claimant Appliances who never engaged with washing machines and dryers was not a “person aggrieved” under section 46 and did not have “locus standi” to challenge the mark.

Thanks to SpicyIP.

CHINA: Duncan

Mon, 18 Feb 2008 00:00:00 -0500

Supreme People’s Court’s of China issues judicial explanation on interplay between trade marks, enterprise names, and other prior existing rights: (China Business Law Blog),

INDIA: Duncan

Thu, 13 Dec 2007 00:00:00 -0500

The Supreme Court of India ruled in Eastern Book Company & Ors vs D.B. Modak & Anr (Civil Appeal No. 6472 of 2004) that there can be no copyright in the raw text of court judgments/decisions. 

The basic fact situation is that SCC and SCC – Online were aggrieved by individuals who launched a software package entitled "The Laws" and "Jurix". Allegedly they infringed the copyright of the copy-edited judgments published by SCC (I figure the reason this was of such great concern was because the cost of the newer software was about a third of that of SCC). The said suits were founded, inter alia, on infringement of copyright and unfair competition.

The issues in dispute were-

• whether the copy-edited judgments reported by SCC were entitled to copyright protection as derivative works;

• what standard of originality is required by derivative works to evoke that protection;

• and whether the protection would be afforded to the entire text or only certain inputs.

The Court held as follows-

A distinction was made between substantive corrections which required the application of mind and more technical rectifications. It was held that technical or clerical alterations in the text like inserting correct punctuation, providing alternate citations, and the correction of minor errors although an aid to increased readability are too trivial to be granted copyright protection.

However, inputs put in the original text by the editors with regard to segregating the existing paragraphs by breaking them into separate paragraphs; adding internal paragraph numbering; and indicating the Judges who have dissented or concurred; must be treated differently.

(Spicy IP), (Guest post  - Spicy IP),

JAPAN: Duncan

Thu, 08 Nov 2007 23:00:00 -0500

On November 8, 2007 the Supreme Court of Japan issued a decision where it found that [Canon’s] patents are enforceable against refilled ink cartridges (in this case the defendant gathered used Canon ink cartridges from users as a business, refilled them with ink and sold them to the public.) … The Supreme Court stated that the doctrine of patent exhaustion, which has long been recognized by the court, does not apply to products which are found to have been newly "manufactured" by means of fabrication or parts replacement of used authentic products. The Supreme Court listed various elements, that can be considered in order to determine whether the act of a defendant constitutes "manufacturing" or not; including: contents of patented inventions, function and life of products, actual conditions of trading, etc. Among other listed elements, the Supreme Court admitted that the economical value of a product’s replaced parts can be considered. (The decision of the IP High Court appeared to deny such consideration as long as the replaced parts are related to the main elements of a patented invention.)

Anderson Mori & Tomotsune

UNITED STATES: Duncan

Wed, 15 Jun 2005 00:00:00 -0500

Supreme Court of the United States

Merck KGaA, Petitioner v. Integra Lifesciences I, Ltd., et al., 545 U.S. 193 (2005)

The Court held that the use of patented compounds in preclinical studies is protected under §271(e)(1) at least as long as there is a reasonable basis to believe that the compound tested could be the subject of an FDA submission and the experiments will produce the types of information relevant to an IND or NDA.

Contributions

UNITED STATES: Duncan

Mon, 07 Jul 2008 00:00:00 -0500

DC Circuit overturns FTC Rambus decision in antitrust litigation over Rambus’ failure to disclose patents to standard setting body: (Intellectual Property Law Blog),

UNITED STATES: Duncan

Tue, 01 Jul 2008 00:00:00 -0500

Rambus, Samsung spar over claims that Rambus’ former in-house counsel misappropriated confidential information regarding memory chip patents owned by Samsung: (IP Law360),

UNITED STATES: Duncan

Mon, 09 Jun 2008 00:00:00 -0500

FTC seeks en banc review of Rambus ruling: (IP Law360),

UNITED STATES: Duncan

Fri, 16 May 2008 00:00:00 -0500

Rambus seeks supplemental damages award in patent battle with Hynix: (Philip Brooks),

UNITED STATES: Duncan

Fri, 02 May 2008 00:00:00 -0500

Samsung dealt another setback in Rambus patent disputes - Judge Ronald M. Whyte denied Samsung's motion for summary judgment that its memory products did not infringe Rambus’ series of patents in two cases pending in the U.S. District Court: (IP Law360),

UNITED STATES: Duncan

Tue, 29 Apr 2008 00:00:00 -0500

CAFC grants Rambus final victory in semiconductor patent dispute with Samsung: (IP Law360 ), (Patent Prospector), (Hal Wegner),

UNITED STATES: Duncan

Mon, 28 Apr 2008 00:00:00 -0500

Rambus legal victories raise stock price target: (Philip Brooks),

UNITED STATES: Anonymous

Tue, 22 Apr 2008 00:00:00 -0500

CAFC vacates FTC’s decision that Rambus breached antitrust duty by violating JEDEC patent disclosure rules and orders new trial: (Philip Brooks), (Techdirt), (Ars Technica), (IP Law360), (Peter Zura's 271 Patent Blog), (Hal Wegner), (IPBiz), (IP Law360),

UNITED STATES: Duncan

Wed, 26 Mar 2008 01:00:00 -0500

Rambus stock soars following jury’s dismissal of antitrust and fraud charges from Hynix, Micron, and Nanya that Rambus rigged the playing field by getting patents on the SDRAM memory standard: (Patent Prospector), (Patently-O), (Techdirt), (IP Law360), (IP finance), (IPBiz),

UNITED STATES: Duncan

Tue, 11 Mar 2008 01:00:00 -0500

Rambus will be allowed to present testimony from related cases during trial to defend itself against allegations that it improperly amended and aggressively enforced its DRAM chip patents: (IP Law360),

UNITED STATES: Duncan

Wed, 30 Jan 2008 00:00:00 -0500

FTC opinion not allowed as evidence in patent infringement case between Rambus and Hynix, Micron and Nanya: (IP Law360), (Patent Prospector),

UNITED STATES: Duncan

Mon, 28 Jan 2008 00:00:00 -0500

Rambus has prevents rivals from using the expression ‘patent troll’ in its US dynamic random access memory chip patent case against Hynix, Samsung, Nanya and Micron: (IP Law360), (Patent Prospector),

EUROPE: Duncan

Fri, 18 Jan 2008 00:00:00 -0500

Rambus Inc. fails in its attempt to save most of its patent for a memory-chip design, the validity of which was challenged by Hynix Semiconductor Inc. and Micron Technology Inc. The European Patent Office rejected all but one of Rambus's requests to reinstate patent claims in the case. However, this decision still leaves the Los Altos, California-based company with at least five other European patents related to dynamic random access memory chips.

IPKat

Contributions

UNITED STATES: Duncan

Mon, 07 Jul 2008 00:00:00 -0500

Gotiut Media files patent infringement suit against Microsoft over Silverlight software: (Patent Prospector), (IP Law360),

UNITED STATES: Duncan

Mon, 07 Jul 2008 00:00:00 -0500

CAFC hears oral argument in MP3 audio patent infringement case between Alcatel-Lucent and Microsoft: (Patent Prospector), (IP Law360), (The IP ADR Blog),

UNITED STATES: Duncan

Tue, 01 Jul 2008 00:00:00 -0500

Federal judge agrees with most of Alcatel USA Resources’ claim constructions in its video playback patent battle with Microsoft: (IP Law360),

UNITED STATES: Duncan

Mon, 23 Jun 2008 00:00:00 -0500

District Court in San Diego upholds patent infringement verdict and orders Microsoft to pay Alcatel-Lucent $511.6M in damages and interest: (Copyfight), (IP Law360), (Patent Prospector),

UNITED STATES: Duncan

Tue, 10 Jun 2008 00:00:00 -0500

Microsoft files 21 new piracy lawsuits against US resellers, some of which have already settled previous lawsuits with Microsoft: (Ars Technica),

UNITED STATES: Duncan

Thu, 05 Jun 2008 00:00:00 -0500

Microsoft files brain lateralisation patent about software quality and assurance process: (Ars Technica), (IPBiz),

UNITED STATES: Duncan

Wed, 04 Jun 2008 00:00:00 -0500

Defendants accept conditional stay pending re-examination in Premier cases against HP and Microsoft: (EDTexweblog.com),

UNITED STATES: Duncan

Wed, 04 Jun 2008 00:00:00 -0500

San Diego federal jury finds Microsoft did not violate Alcatel-Lucent’s patent when producing Xbox 360 game player: (IPBiz),

UNITED STATES: Duncan

Mon, 02 Jun 2008 00:00:00 -0500

PTO to look at nine patents in Microsoft, Avistar dispute: (IP Law360),

UNITED STATES: Duncan

Fri, 30 May 2008 00:00:00 -0500

Microsoft demanding some of Immersion’s patent booty from Sony: (Techdirt),

NETHERLANDS: Duncan

Wed, 21 May 2008 00:00:00 -0500

Microsoft demands verb ‘msn-ing’ be erased from Dutch dictionary: (Class 46)

UNITED STATES: Duncan

Wed, 21 May 2008 00:00:00 -0500

Alcatel-Lucent not infringing Microsoft unified communication systems patents after all decides ITC: (IP Law360),

UNITED STATES: Duncan

Tue, 20 May 2008 00:00:00 -0500

New Microsoft virus scanning patent likely to be challenged: (Ars Technica),

UNITED STATES: Duncan

Mon, 19 May 2008 00:00:00 -0500

Motion for stay pending re-examination granted with modifications in Premier v HP and Premier v Microsoft cases: (EDTexweblog.com),

UNITED STATES: Microsoft

Thu, 08 May 2008 00:00:00 -0500

Alcatel-Lucent wins partial appeal against Microsoft, Dell in patent dispute: (IP Law360), (ISinIP),

NETHERLANDS: Duncan

Wed, 07 May 2008 00:00:00 -0500

Microsoft wins dispute over msnlock domain names and figurative trade mark registered by Unicaresoft: (Ars Technica), (Class 46)

UNITED STATES: Duncan

Sun, 04 May 2008 00:00:00 -0500

IP takes centre stage in failed Microsoft bid for Yahoo!: (Managing Intellectual Property),

SOUTH AFRICA: Duncan

Fri, 25 Apr 2008 00:00:00 -0500

Microsoft settles infringement suits with 21 infringing retailers: (Afro-IP),

UNITED STATES: Duncan

Mon, 14 Apr 2008 00:00:00 -0500

Microsoft proposes new ad privacy structure in effort to influence FTC in on issue of whether online advertisers should be governed by self-regulatory principles: (Out-Law),

UNITED STATES: Duncan

Mon, 07 Apr 2008 00:00:00 -0500

Jury orders Microsoft to pay $367.4 million to Alcatel-Lucent for infringing two patents: (IPBiz), (Washington State Patent Law Blog), (Patent Prospector), (IP Law360),

UNITED STATES: Ducan

Fri, 04 Apr 2008 00:00:00 -0500

Challenging patent validity: Microsoft asks Supreme Court to reduce ‘clear and convincing’ standard: Microsoft Corp v z4 Tech: (Patently-O), (Patent Prospector), (Techdirt),

UNITED STATES: Duncan

Tue, 25 Mar 2008 01:00:00 -0500

Microsoft’s new business imperative leads to IP rethink: (IAM),

BOTSWANA: Duncan

Fri, 21 Mar 2008 01:00:00 -0500

Tackling sales of pirated software: Microsoft success in Botswana: (Afro-IP),

UNITED STATES: Duncan

Thu, 13 Mar 2008 01:00:00 -0500

Veritas invalidates Microsoft’s patent for replicating data files: (IP Law360),

UNITED STATES: Duncan

Tue, 04 Mar 2008 00:00:00 -0500

Microsoft – reduces provision for damages in Alcatel-Lucent patent suit over audio file compression technology: (IP finance),

UNITED STATES: Duncan

Mon, 03 Mar 2008 00:00:00 -0500

A week before trial, Microsoft settles with Visto over three of Visto’s data sync patents: (Patent Prospector), (IP Law360)

KOREA, REPUBLIC OF: Duncan

Tue, 19 Feb 2008 00:00:00 -0500

Korean University Professor Lee Keung-hae wins patent infringement case for Korean - English conversion software against Microsoft: (Patent Prospector), (Korea Times), (Chosun), 

UNITED STATES: Duncan

Thu, 14 Feb 2008 00:00:00 -0500

Microsoft – Microsoft and Lucent both denied motions in patent dispute over digital video signal decoding technology used in Microsoft’s Windows and Xbox 360 products: (IP Law360),

UNITED STATES: Duncan

Tue, 12 Feb 2008 00:00:00 -0500

Paid Search Engine Tools files patent infringement suit against Google and Microsoft over paid advertisement service: (IP Law360),

EUROPE: Duncan

Mon, 11 Feb 2008 00:00:00 -0500

Microsoft raises IP rights as late defence in European case: (Intellectual Property Watch)

TAIWAN: Duncan

Mon, 04 Feb 2008 00:00:00 -0500

Group of major Microsoft counterfeiters sentenced to 4 years in prison: (Ars Technica)

UNITED STATES: Duncan

Thu, 31 Jan 2008 00:00:00 -0500

Microsoft settles mouse patent cases brought by F and G Research Inc: (Washington State Patent Law Blog), (IPLaw360),

UNITED STATES:

Tue, 29 Jan 2008 00:00:00 -0500

US International Trade Commission determines Alcatel-Lucent infringed Microsoft’s patents covering devices that integrate telephones and computers: (IP Law360), (post covering litigation history between Microsoft and Alcatel-Lucent – Techdirt),

UNITED STATES: Duncan

Tue, 29 Jan 2008 00:00:00 -0500

Non-documentation related sanctions imposed on Microsoft in its 2002 consent decree are extended until November 2009 due to non-compliance (John Carroll), (Ars Technica),

SOUTH AFRICA: Duncan

Fri, 25 Jan 2008 00:00:00 -0500

Microsoft has publicly exposed eight businesses which it sued for selling illegal software since it started its Genuine Software campaign: (Afro-IP),

CHINA: Duncan

Fri, 18 Jan 2008 00:00:00 -0500

Chinese company Zhongyi Electronic sues Microsoft for alleged patent infringement relating to technology that converts Roman characters to Chinese characters: (Jurist), (China Hearsay), (IP Dragon),

UNITED STATES: Duncan

Tue, 15 Jan 2008 00:00:00 -0500

Microsoft and JVC enter into patent cross-licensing agreement to foster mutual innovation and collaboration: (PR Newswire),

CHINA: Duncan

Thu, 10 Jan 2008 00:00:00 -0500

Microsoft defends unregistered ‘Windows’ trademark in
China, claiming the mark is famous in its battle with a
Ningbo eye-glass company: (China Law Blog),

AUSTRALIA: Duncan

Tue, 10 Jul 2007 00:00:00 -0500

Australian Designs Office (ADO) has refused registration of 24 design applications filed by Microsoft Corporation (Microsoft) in respect of type fonts: (Shelston IP)

Contributions

UNITED STATES: Duncan

Thu, 26 Jun 2008 00:00:00 -0500

Aloft sues Yahoo, AT&T, AOL over browser patents: (IP Law360),

UNITED STATES: Duncan

Thu, 26 Jun 2008 00:00:00 -0500

Protective order allows UMG, Napster, Apple and Yahoo to provide limited information about operative agreements between them in copyright case brought by Bridgeport Music: (IP Law360),

UNITED STATES: Duncan

Fri, 06 Jun 2008 00:00:00 -0500

Yahoo! files trade mark and anti-spam lawsuit against ‘Yahoo! Lottery Spammers’ for unlawfully sending email messages deceiving recipients that they have won a prize from Yahoo!: (Copyright Law and Copyright Information)

INDIA: Duncan

Mon, 02 Jun 2008 00:00:00 -0500

Delhi High Court prohibits Yahoo Video from streaming Super Cassettes Industries’ music: (Ars Technica), (Techdirt),

UNITED STATES: Duncan

Sun, 04 May 2008 00:00:00 -0500

IP takes centre stage in failed Microsoft bid for Yahoo!: (Managing Intellectual Property),

UNITED STATES: Duncan

Thu, 01 May 2008 00:00:00 -0500

District Court tells Yahoo, AOL, RealNetworks they owe millions in royalties to songwriters for online music streaming: (Techdirt), (Ars Technica), (IP Law360),

UNITED STATES: Duncan

Thu, 01 May 2008 00:00:00 -0500

Bascom Global Internet Service files patent suit against Yahoo, AOL over parental controls: (IP Law360)

UNITED STATES: Duncan

Fri, 07 Mar 2008 00:00:00 -0500

GraphOn files patent infringement suit against Yahoo, eHarmony.com, Match.com and others in relation to web listing services: (IP Law360),

UNITED KINGDOM: Duncan

Wed, 20 Feb 2008 00:00:00 -0500

English High Court decision holds that when Yahoo! Search Marketing matched search terms entered by users to keywords bid on by advertisers in order to display sponsored links, there was no use of a trade mark by the defendants for the purposes of infringement: Wilson v Yahoo! UK Ltd :  (IPKat), (Class 46), (Out-Law),

UNITED STATES: Duncan

Tue, 15 Jan 2008 00:00:00 -0500

Yahoo! Registers first favicon trade mark: (Erik J Heels),

CHINA: Duncan

Fri, 21 Dec 2007 00:00:00 -0500

Eleven record companies win copyright infringement case against Yahoo! China.  The Beijing Higher People’s Court awarded IFPI member companies a total of RMB 212,600 (approximately US$29,000) in compensation for their losses.: (Rouse & Co International),

Contributions

UNITED KINGDOM: Duncan

Tue, 24 Jun 2008 00:00:00 -0500

Modchip slipups revealed - Modchips not legal and Sony v Ball not overturned: (IPKat),

UNITED STATES: Duncan

Fri, 20 Jun 2008 00:00:00 -0500

Judge dismisses download royalties class action against Sony: (IP Law360),

UNITED STATES: Duncan

Fri, 13 Jun 2008 00:00:00 -0500

Fast Memory Erase sues Intel, Nokia, STMicroelectronics, Sony Ericsson, Spansion, Numonyx and Motorola for wilful infringement of two patents covering flash memory chips: (IP Law360),

UNITED STATES: Duncan

Thu, 05 Jun 2008 00:00:00 -0500

CAFC affirms dismissal of antitrust suit brought by Wuxi Multimedia and Orient Power (Wuxi) Digital Technology against an international patent-pool licensing group including Koninklijke, Philips Electronics, Sony, Pioneer and others: (IP Law360),

UNITED STATES: Duncan

Tue, 03 Jun 2008 00:00:00 -0500

Mitsubishi Electric Corp, Samsung Electronics Co, Sony Corp, Philips Electronics and others file suit against Vizio claiming its flat-panel TV infringes their compression-standard technology patents: (IP Law360),

UNITED STATES: Duncan

Fri, 30 May 2008 00:00:00 -0500

Microsoft demanding some of Immersion’s patent booty from Sony: (Techdirt),

UNITED STATES: Duncan

Tue, 27 May 2008 00:00:00 -0500

Sony , Sanyo, Exceed Perseverance Electronic, and Lucky Light Electronics agree to license LED patents from Prof G N Rothschild: (IP Law360),

UNITED STATES: Duncan

Tue, 27 May 2008 00:00:00 -0500

Sony , Sanyo, Exceed Perseverance Electronic, and Lucky Light Electronics agree to license LED patents from Prof G N Rothschild: (IP Law360),

EUROPE: Duncan

Thu, 22 May 2008 00:00:00 -0500

More on Case C-240/07 - ECJ Advocate General advises works covered by US copyright granted protection in UK not covered by Directive 2006/116 on term of copyright protection: Sony Music Entertainment (Germany) GmbH v Falcon Neue Medien Vertrieb GmbH: (IPKat)

UNITED STATES: Duncan

Thu, 08 May 2008 00:00:00 -0500

International Control Systems files patent suit against Sony Electronics, Panasonic, Philips and several other major television manufacturers over technology that maintains equal volume levels for different television channels: (IP Law360),

UNITED STATES: Duncan

Sun, 20 Apr 2008 00:00:00 -0500

ITC begins investigation into whether numerous companies (including Hitachi, LG, Lite-On, Matsushita, Motorola, Nokia, Pioneer, Samsung, Sanyo, Sharp, Sony, Toshiba) infringed Dr G N Rothschild’s LED patents: (Ars Technica), (Techdirt), (Philip Brooks), (