Here is IP Think Tank’s weekly
selection of top intellectual property news breaking in the blogosphere and
internet.
Please join the discussion by adding your comments on any of these stories,
and please do let me know if you think we’ve missed something important, or if
there is a source you think should be monitored.
You can separately subscribe to the IP Thinktank Global week in Review at
the Subscribe page: http://thinkipstrategy.com/subscribe/
Highlights this week included:
- Record
labels sue Baidu over providing links to file-sharing sites: (Ars
Technica), (Techdirt),
(Out-Law), (IP
Law360), (Copyfight), - Merck’s Fosamax patent
expires: Watson Pharmaceuticals to distribute authorized generic version,
Teva and Barr also launch FDA approved generic versions: (SmartBrief),
(Patent
Circle), (In
Vivo Blog), (Patent
Circle), (GenericsWeb) - Bush
Administration on Senate Patent Reform Bill: (IP
Updates), (Patent
Baristas), (more from Patent
Baristas), (PLI),
(IAM),
(IP
Law360), (IPSpotlight), - 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),
Global
Global – General
- Customs duties on
royalties and licence fees: (IP
finance), - WIPO: Trade secrets and
employee loyalty: (WIPO), - Global warming and IP: (Spicy
IP), - Speed, cost & global
consistency: (IP
ThinkTank), - IP rights in Brazil, Russia, India and China exonomies economies: (IPcentral),
- Why economists are so
wrong about IP, part 324: (IAM), - Top 5 things for a Chief
Intellectual Property Office to focus on: (IP
ThinkTank), - IP issues are business
issues – An interview with Jeremy Phillips: (IP
ThinkTank), - Finance firms must
recognize the importance of IP: (IP
finance), - Most
journalists may not understand IP, but do not give up on them: (IAM)
Global – Trade
Marks / Domain Names / Brands
- WIPO: statistics on trade
mark application by office since 1883: (Class
46), - WIPO: domain
‘danonecancer.com’ registered in bad faith: (Class
46), - Global Congress calls on
government leaders to engage in battle against counterfeiting and piracy:
(WIPO),
Global – Patents
- Eco-Patent Commons: (MaRS),
- Linux kernel creator,
Linus Torvalds, on patents and software giants: (Patent
Prospector), (Washington
Post), (ZDNet),
(InformationWeek), - Patent audits and
internal invention surveys: 7 strategies, 33 tactical steps, and 2
benchmarks: (Metropolitan
Corporate Counsel), - Thomson Scientific Patent
Focus Report 2008 reviews key statistics and developments from 2007 for
patents and patent owners in China, Europe, India, Japan and the Umited States: (Thomson
Scientific), - German Standards
Institute DIN – General principles for proper patent valuation: (IP
finance),
Global – Copyright
- WIPO Standing Committee
on Copyright and Related Rights (SCCR) 16th Session – 10-12 March 2008: (IP
Justice), - Royalty agreements
holding up necessary change in the music industry: (Techdirt), - New online licensing
deals signal direction for music industry: (Intellectual
Property Watch), - Are your pictures on
Facebook? – Facebook’s contractual rights to users’ photos problematic: (Spicy
IP)
Pharma
- European Commission
probes pharmaceutical sector: (Philip
Brooks), - WHO Board sets course on
IP, avian flu, tighter publication policy: (Intellectual
Property Watch), - India: The Competition Act,
patents and over hyped drugs: (Part I – Spicy
IP), (Part II – Spicy
IP), (Part III – Spicy
IP), - Ignoring not the solution
– response to D Ravi Kanth’s article ‘Drug Capitalism’: (Patent
Circle), - President Bush proposes
FY2009 FDA Budget: follow-on biologics and new user fee legislation on tap
for 2008, as well as plans to resurrect FDAAA DTC TV ad user free program:
(FDA
Law Blog), (GenericsWeb), - Thailand’s
new Health Minister declares review of compulsory licences for 4 cancer
drugs, two HIV-AIDS drugs and a heart treatment: (Generic
Pharmaceuticals & IP), - UK Court
rejects claim by US pharma company Eli Lilly and Co to stop a British pharmacy
from buying supplies of Eli Lilly’s drugs in Turkey and then selling them on to
online pharmacies in Canada: (Class
46), (IPFactor), - CAFC rejects Roche
Molecular’s request for writ of mandamus in its legal battle with Stanford
University over ownership and license rights to HIV monitoring patents: (IP
Law360), (Patently-O),
- Altace (Ramipril) – FDA
explains why Cobalt has 180-day exclusivity: (Orange
Book Blog), (Generic
Pharmaceuticals & IP), - Cipro (Ciprofloxacin) –
FTC files amicus brief in case brought by Cipro purchasers claiming the
patent litigation settlement reached by Bayer and several generic drug
companies violates antitrust laws: (Orange
Book Blog), - Crestor (Rosuvastatin) –
Apotex commences lawsuit against AstraZeneca for blocking a generic
version of Crestor: (IP
Law360), - Cubicin (Daptomycin) –
Corrected Cubist patent now relisted in Orange Book: (GenericsWeb) - Depakote (Valproate
semisodium) – Abbot sues Sun Pharmaceuticals to block generic Depakote: (IP
Law360), - Enbrel (etanercept ) / Kineret (Anakinra) –
Federal judge allows Amgen to add inequitable conduct to declaratory judgment
suit against Ariad: (IP
Law360), (Patent
Docs), - Fosamax (Alendronate) – Merck’s
Fosamax patent expires: Watson Pharmaceuticals to distribute authorized generic
version, Teva and Barr also launch FDA approved generic versions: (SmartBrief),
(Patent
Circle), (In
Vivo Blog), (Patent
Circle), (GenericsWeb) - Glivec (Imatinib) –
Thailand government will not impose compulsory licence on cancer drug
following Novartis offer to provide the drug free through Glivec
International Patient Assistance Program: (Reuters),
(Spicy
IP), (Patent
Circle), (Medindia.com),
(IP
Law360), (Patent
Docs), - Lovenox (Enoxaparin) –
Sanofi-Aventis could face antitrust charges if company loses Lovenox
patent case against Teva and Amphastar: (FT.com), - Nadifloxacin – Wockhardt
receives patent for antibacterial NCE: (Patent
Circle), - Protonix (Pantoprazole) –
Wyeth and Nycomed announce launch of generic Protonix: (IPBiz), - Protonix (Pantoprazole) –
Teva introduces generic Protonix delayed-release tablets: (genericsweb),
(IN
VIVO Blog), - Tarceva (Erlotinib) – Roche
patent infringement action against CIPLA continues before Delhi High Court:
(Generic
Pharmaceuticals & IP), (International
Law Office), (SpicyIP), - Zantac (Ranitidine) – GSK
and Cypress
settle Zantac syrup suit: (Patent
Docs), - Zantac (Ranitidine) –
Boehringer sues Apotex to protect Zantac patent: (IP
Law360)
Africa
- Don’t
sign Economic Partnership Agreements with EU, African states are warned: (Afro-IP), - Japanese
government reports on first conference regarding support for Africa in the field of IP: (Afro-IP), - E&xnbsp;Africa semper aliquid novi – replicas and
Ghanaian trade mark law: (Afro-IP), - South
African Screen Federation report calls for new IP model for public
broadcasters: (Afro-IP), - WIPO’s
answer to traditional knowledge protection: (Afro-IP), - More
on traditional knowledge protection… and GeoWebs: (Afro-IP), - SA Court prepared to send company directors to jail to
protect brand owner in case between Simeka Business Solutions Group and
Business Systems Group: (Afro-IP) - OHIM’s
latest stats: what they say about Africa: (Afro-IP)
Australia
- Shape
trade mark not a means to protect an article formerly exploited under a patent:
Mayne Industries P/L v Advanced Engineering Group P/L: (Australian
Trade Marks Law Blog), (Mondaq), - Domain
name disputes and the Uniform Domain Name Dispute Resolution Policy: (Australian
Trade Marks Law Blog), - Trade
Marks Office finds ‘Dirty Kustoms Industries’ deceptively similar to ‘Kustoms’:
(Mondaq), - Federal
Court finds infringement of copyright in project home plans in Gaunt v Hille:
(Mondaq), - Federal
Court revokes Mr G Stack’s petty patent relating to water meter assemblies: (Mondaq), - Government
reviews format shifting exceptions for film and photos: (Mondaq), - Australian
Taxation Office considers new rules to deter illegal transfer pricing: (Mondaq), - Ziliana
unsuccessfully sues Polo Ralph Lauren for copyright infringement in imported
clothes bearing polo symbol: Polo/Lauren Company LP v Ziliani Holdings P/L:
(IP
Down Under), (IPwar’s), - Scotch
Whisky Association objects to geographic connotation in ‘Glenn Oaks’ mark for
bourbon: (IP
Down Under) - Ralph
Lauren Copyright Case against importer demonstrates difficulties prevent
parallel imports: (Mallesons),
Brazil
- The
hidden threat of trade names: (International
Law Office)
Bulgaria
-
Bulgaria deposits instrument of accession to Singapore Treaty on Trade Marks: (Class
46), (IPKat),
(WIPO)
Canada
- CIPO
announces its participation in the Canada-US
Patent Prosecution Highway pilot: (ipblog.ca), - Julianna
Yau on CMEC copyright proposal: (Michael Geist), - The
conservative copyright MPs – An update: (Michael Geist), - Is
Prentice’s Copyright Bill born in the USA?: (Michael Geist), - Prentice
backtracks on Treaty Policy: (Michael Geist), - Microsoft
misleads on copyright reform: (Michael Geist), - Angus
issues 3-step approach for effective copyright reform: (Michael Geist) - Canadian
Trade-mark battles: (IPblog)
China
- Deputy
Commissioner of SIPO meets with Director of Mongolian IP Office to discuss
potential cooperation projects between the two offices: (SIPO), - Record
labels sue Baidu over providing links to file-sharing sites: (Ars
Technica), (Techdirt),
(Out-Law), (IP
Law360), (Copyfight),
Czech Republic
- ICANN abouts Czech Arbitration Court as new provider
of domain name dispute resolution service: (Australian Trade Marks Law Blog),
Denmark
- Danish County Court orders ISP to block Pirate Bay (torrent tracker): (Techdirt), (Innovationpartners),
- ISP
ordered to block Pirate Bay, Tele2, considers
fighting order: (Techdirt)
Europe
- EC
publishes list of customs contacts for IP infringement: (Class
46), - ECHR to
clarify how data protection laws and human rights laws interact in Michael
Marper v UK:
(Out-Law), - European
patent translation requirements to ease with London Agreement coming into force
on 1 May: (Daily
Dose of IP), (Out-Law),
(Harold Wegner),
(Catch
Us If You Can!!!), (The
Register), (EPO), - EPO:
XY Inc’s ‘frozen sperm’ patent upheld in amended form: (Daily
Dose of IP), - OHIM
publishes Service Charter: (Class
46), - France set to make copyright term extension for sound
recordings a priority of its upcoming six-month presidency of the EU, despite
opposition from UK and Germany: (IPKat), - OHIM:
New decision of the Presidium of the Boards of Appeal: (Class
46), - ECJ
rules that member states may, but do not have to, provide that copyright owners
can subpoena the ISP to identify the alleged infringer: Promusicae v
Telefonica de Espana: (IPwar’s), - EFF:
Fighting for digital rights in Europe – our
next year: (Electronic
Frontier Foundation), - Alison
Brimlow on the EPO’s future: (IPKat)
France
- French
IP Office reports top trade mark applicants: (Class
46), - What’s
the right amount of damages? Personality rights French style: N
Sarkozy and C Bruni v Ryanair: (Catch
Us If You Can!!!)
Germany
- RapidShare
file sharing case: dichotomy of opinion: (Spicy
IP), - IP-Com, sues Nokia for infringement of 8 patent
families in German patent court: (Techdirt), (IP
finance), (IPEG),
(IAM),
(more from IAM), - Applicable law is that in force on date of
registration, rules German Federal
Patent Court in Lastminit trade mark case:
(Class
46), - Cook
Inc files patent infringement suit in Dusseldorf District Court against Edwards
Lifesciences over artificial heart valves: (IP
Law360), - Could
‘Berliner Currywurst’ be a trade mark?: (Class
46)
Honduras
- Trademark Law Treaty
accession by Honduras:
(WIPO)
India
- Period
for copyright protection expires: Get ready for Bollywood all over again!: (Spicy
IP), - Role
of Geographical Indications in the field of traditional knowledge: (Mondaq), - India : The place of generics in a product patent regime:
(Mondaq) - Economic
significance whether inventive step?: (Mondaq), - Grassroot
innovation gets a helping hand from NIF: (Spicy
IP)
Italy
- Italian parliament may have unwittingly
legalized sharing music over P2P networks: (Ars
Technica)
Korea
- Korean
legal market opening: (Korea
Law Blog), (more from Korea
Law Blog)
Netherlands
- Hertogenbosch
Court of Appeal rules that filling prelabelled cans with drink amounts to ‘use’
of an infringing mark: Red Bull v Winters & Smart Drinks: (Class
46), - Does
‘Geert Wilders… Extremist… Harms you and society seriously’ infringe the
Marlboro trade mark?: Opinion article on
freedom of expression and trade mark protection: (Class
46), - Public
authorities and the publication of copyrighted material: (International
Law Office)
New Zealand
- Too far, too fast, now too slow and too dear: IP
registration with IPONZ: (blackenterprise.com), - Court of Appeal clarifies criteria for 3D shape
marks: Fredco Trading Ltd v Miller: (International
Law Office)
Malaysia
- Mark
removal on grounds of non-use: Godrej Sara Lee Ltd v Siah Teong Teck: (International
Law Office)
Poland
- Trade mark attorney’s minimum fees published in
Gazeta Prawna: (Class 46), - Court of Conciliation for Internet Domains
orders gmail.pl to remain with poets: (Class
46)
Sweden
- Sweden prosecutor charges Pirate Bay operators with conspiracy
to break copyright law and being an accessory: (Spicy
IP) - Pirate Bay: big revenue claims
fabricated by prosecutors: (Ars
Technica), - Swedish and EU design protection adjudication: (International
Law Office),
Taiwan
- EU
report criticizes Taiwanese compulsory licensing practices for CDs: (Catch Us If You
Can!!!), - Group of Major Microsoft counterfeiters sentenced to 4
years in prison: (Ars
Technica)
Thailand
- Thailand announces prospective membership in Paris Convention and PCT: (Patent
Docs)
United Arab
Emirates
- Sharjah
Customs establishes IP Rights Enforcement Unit: (International
Law Office)
United Kingdom
- No
presumption against parallel proceedings in patent revocation cases: Glaxo
Group Ltd v Genentech Inc and Biogen Idec Inc: (IPKat), - Trek
2000’s memory stick patent revoked in UK High Court: (IP
Law360), - So
you can cancel a mark that has been revoked: T-Mobile (UK) Ltd v O2 Holdings
Ltd: (IPKat), - Bailii monographs are on the way!: (IPKat),
- From Vicom to Astron Clinica –
computer program patent claims: (IPKat), (IPKat) - UKIPO: How to extend UK (and in some cases EPO- or EU-originated) IP rights to the Pacific island of Kiribati: (IPKat),
- myspace.co.uk awarded to MySpace even though the
domain name had been registered long before MySpace came into existence: (IPwar’s), - IP Crime Group releases UK IP Crime
Report: (Mondaq), - UK government puts pressure on ISPs to reach voluntary
scheme with music and film industries to combat illegal file sharing: (Mondaq), - UK launches trade mark fast-tracking option: (Mondaq),
- Autonomy
loses UK patent appeal relating to automated computer searching: (IPKat),
United
States
US General
- E-Discovery:
Ethical rules remain unchanged: (Intellectual
Property Law Blog), - Understanding
the electronic court filing system: (Chicago
IP Litigation Blog), - Issues
to be addressed by Congress in 2008 include copyright enforcement, mandatory
copyright filtering for ISPs, orphan works, patent reform: (Public Knowledge),
US Patent Reform
- Ex-PTO
Commissioners weighs in on patent reform: (Peter
Zura’s 271 Patent Blog), - Biotechnology
Industry Organisation paper on patent reform: (Patent
Prospector), (IPBiz), - Biotech
and Pharma opposition to Senate Patent Reform Bill: (Patent
Docs), - Letters
to US Senate opposing the proposed patent reform: (IP ThinkTank),
(Peter
Zura’s 271 Patent Blog), - An
unwitting dupe, duped again? – response to Experience Not Logic’s post last
week: (IPBiz), - Commentary
on G Mossinghoff and S Kunin ’s report ‘The need for consensus on patent
reform’: (Patent
Prospector), - Bush
Administration on Senate Patent Reform Bill: (IP
Updates), (Patent
Baristas), (more from Patent
Baristas), (PLI),
(IAM),
(IP
Law360), (IPSpotlight), - Bush
staff, tech titans split over Patent Bill: (San
Francisco Chronicle), - PubPat:
Proposed post-grant review cuts-out public interest: (Patently-O), - Department
of Commerce sends letter on patent reform to Senator Leahy: (Patent
Docs), - EEF
asks US Senate to protect reexamination proceedings (and the Patent Busting
Project): (Electronic
Frontier Foundation), (Ars
Technica), (Techdirt),
(IP
Law360), - Lack
of consensus: Senator Leahy releases Senate status summation on s 1145, the
Patent Reform Act of 2007: (Patent
Prospector), - Patent
Office on patent reform: (Patent
Prospector), - Patent
reform and infringement damages: some economic reasoning: (Patent
Docs), - Licensing
Executives Society opposes Leahy s 1145 damages apportionment: 52% say ‘will
inhibit innovation’, 8% say innovation promoted: (Harold Wegner), - Post-grant
review under Leahy s 1145: lessons from Lord Justice Mummery in London , delayed justice at
the EPO: Glaxo Group Ltd v Genentech Inc: (Harold Wegner), - Unions
oppose patent reform: (Patent
Prospector), (Anticipate
This!), (IPLaw360), - US
patent reform on bumpy road to completion: (Intellectual Property
Watch), - Patent
trade group lobbied for reform: (CNNMoney.com)
US Patents
- Patent Litigation Statistics for January 2008: (Patent Troll Tracker),
- A
potpourri of patent perspectives: (Mondaq), - Is
that reference publicly accessible? Well, it depends on the facts: SRI
Int’l, Inc v Internet Sec. Sys., Inc: (Mondaq), - Time
to toss the general dictionary?: Number of CAFC decisions citing a dictionary:
(Patently-O),
(IP
Updates), - Patent
standards and investment in alternative energy: (IP
Law360), - EFS-Web
– web-based patent application and document submission solution: (IPBiz), - Washington
Law Foundation webinar on Smithkline Beecham v Dudas – 5 Feb 2008: (IP
ThinkTank), - Discussion
of Judge Plager and L Pettigrew’s ‘Rethinking patent law’s uniformity
principle: a response to Nard and Duffy’: (IPBiz),
(IP
Updates), - Current
patent topics from inside the Beltway: (Harold Wegner), - Bad
arguments at the Federal Circuit – The Court strikes back: Oatey Co v IPS
Corp: (Harold
Wegner), - Frivolous
appeal, briefing and argument: F & G Research, Inc v Dynapoint Taiwan:
(Harold Wegner), - Northern
District of California ’s
new patent litigation rules: (Patently-O),
(IP
Updates), - Obviousness
training for USPTO examiners: (Patent
Prospector), (IP
Updates), - Federal
Circuit patent mediation success rate at 42%: (IP
Updates), (Harold
Wegner), - For
example, language in specification following ‘e.g.’ found to be an express
definition, rather than an example: Sinorgchem v ITC: (Mondaq), - New
US Patent Rules face challenge; the result is the state of patent practice is
in flux: (Metropolitan
Corporate Counsel), - The
proposed new Patent Rules and how they may affect your company: (Metropolitan
Corporate Counsel), - Teach
your jurors well: (IP
Law360), - The
once-company: (Patent Troll
Tracker), - Rule
11 – Reasonable prefiling investigation: (Philip
Brooks), - USPTO
first quarter allowance rate: 44%: (Anticipate
This!), - Close
call at the BPAI – Near-precedential decision sinks computer claim under
utility requirement: Ex parte Nehls et al: (Peter
Zura’s 271 Patent Blog), - Examination
support document could add $26,000 to patent costs: (Patent
Baristas), - EFF’s
Patent Busting Project: (Securing
Innovation), - USPTO
proposed FY2009 budget announced: (Daily
Dose of IP), (Intellectual
Property Watch), - Bayh-Doyle
Act does not a patent law make (the dissent): Wisconsin Alumni Research Foundation v Xenon Pharmceuticals: (Patent
Baristas), - Egyptian Godess – Amicus briefs filed
in Egyptian Godess v Swisa, a case that ‘could fundamentally change how
design patent infringement and validity are considered’: (Washington
State Patent Law Blog),
US Copyright
- No
laughing matter: Can you copyright a joke?:
(Techdirt), - Verizon: No thank you on
copyright filtering: (Public
Knowledge), - Retroactive work for hire
agreements – transfer of copyright: Gladwell Government Services, Inc v County of Marin: (Patry
Copyright Blog),: - Public interest and
industry groups submit paper opposing higher copyright damages: (Public Knowledge), (Ars
Technica), - Should we privatize
copyright registrations?: (Techdirt), - Photographs and
derivative works: (Patry
Copyright Blog), - State and local tax
assessment maps: (Patry
Copyright Blog), - Copyright infringement in
the music industry: (IP
Law360), - The crime of selling
abandoned copies: US
v Chalupnik: (Patry
Copyright Blog)
US Trademarks
- Trade
mark infringement and the importance of establishing likelihood of confusion: (Intellectual
Property Law Blog) - Election
of statutory damages for counterfeiting bars attorney’s fees: (Intellectual
Property Law Blog), (Mondaq), - In
the 9th Circuit, may not be worth it to elect statutory damages in
trade mark counterfeiting claim: (Intellectual
Property Law Blog), - Value
of Yahoo brand well below Microsoft bid price: (IAM), - Death
by dog toy: Is dilution dead after Chewy Vuiton: Louis Vuitton Malletier
S.A. v. Haute Diggity Dog, LLC: (Mondaq) - The
colour of sweet is yellow: Likelihood of confusion is the single most important
trade dress infringement factor: NcNeil Nutritionals v Heartland Sweeteners:
(Mondaq),
US – Companies / Entities
- Agilent Technologies – files trade secret suit
against Advanced Materials Technology, a company founded by three former
employees: (IP
Law360), - Akamai – Federal Court issues summary judgment
of noninfringement regarding one patent asserted by Akamai against Limelight: (IP
Law360), (Silicon
Alley Insider), - American Express – Court of Appeals for 2nd Circuit rejects trade mark challenge to American Express’ ‘My Life. My Card.’
advertising campaign: (IP
Law360), - American Seating Company – CAFC delivers
decision on damages in American Seating’s patent infringement case against
USSC: (Peter
Zura’s 271 Patent Blog), (Patently-O),
(IP
Updates), - Applied Interact – District Court warns contents
of inequitable conduct must be stated with particularity in patent case Applied
Interact v Continental Airlines: (Peter
Zura’s 271 Patent Blog), - AT&T – launches trade mark infringement suit
against Wireless Exclusive claiming it is involved in a fraudulent scheme to
resell pay-as-you-go phones: (IP
Law360), (Techdirt), - Barracuda Networks – Trend Micro alleges patent
infringement against Barracuda over open-source anti-virus software ClamAV: (IP
Down Under), - Barracuda Networks – Barracuda Networks enlist
open source community in Trend Micro patent fight: (Philip
Brooks), - Black & Decker – CAFC reverses broad claim
construction arrived at by lower court in patent infringement suit brought by
Black & Decker against Robert Bosch Tool Corp: (Mondaq), - Canadian
Commercial Corp – District Court confirms price detail in a government contract
can be a trade secret: Canadian Commercial Corp. v Dept. of the Air Force:
(IP
Spotlight) - CIAS – CIAS asks Supreme Court to consider how
prosecution statements should be used for claim construction in its suit
against Alliance Gaming: (Patently-O), - Ciena – Ciena reaches $7.7m settlement with
Northrop Grumman to resolve dispute over optical fibre amplifier patent: (IP
Law360), - Cisco – ESN LLC refiles patent lawsuit against
Cisco and its subsidiary a few months after dropping an identical suit over its
internet protocol technology: (IP
Law360), - Comiskey – Federal Circuit finds mental process unpatentable in
In re Comiskey – method for
performing mandatory arbitration of one or more documents: (Intellectual
Property Law Blog), - Council on American Islamic Relations – CAIR
sued for copyright infringement for posting audio clips of Michael Savage, a
radio host, on their site, EFF assists CAIR: (Ars
Technica), (Techdirt), - Dell – Judgment in favour of Lucent Technologies
in patent case brought by Dell concerning touch screen technology: (EDTexweblog.com), - DreamWorks – 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), - Electronic Data Systems – EDS sues mobile phone
companies Virgin Mobile USA,
TracFone, and MetroPCS for infringement of two prepaid phone service patents: (IP
Law360), - Electronic Frontier Foundation – EFF challenges
Sheldon F Goldberg’s online gaming patent that has allegedly been used to pressure
online gaming companies to pay hefty licensing fees: (IP
Law360), (Ars
Technica), (Mashable.com), - Energy
Transportation Group – Court rules that William Demant Holdings subject to
personal jurisdiction based on subsidiary’s conduct in the company’s patent dispute
with Energy Transportation Group: (Delaware IP Law), (Reuters), - Excel
Innovations – Patent infringement battle between Excel and Indivos over
tokenless biometric computer systems reopened, but Excel won’t be allowed to
pursue claims while bankruptcy is pending: (IP
Law360), - Google
– CAFC finds District Court improperly added limitation not supported by the
specification: Hyperphrase Tech v Google: (Mondaq), - IBM
– former IBM Engineer adds a group of lawyers to patent infringement suit: (IPLaw360), - Intel
– Wisconsin University sues Intel for infringement
of their data speculation patent: (IP
Law360), (ArsTechnica), - Iovate – Motion to dismiss for improper venue
granted in Iovate’s patent case against BSN over dietary supplements: (EDTexblogweb.com), - Kangaroo Media – Kangaroo Media settles patent
complaint over technology used in Fanview device and acquires exclusive
worldwide licensing right from Immersion: (CNW
Group), (scenedaily.com), - Klausner – GotVoice, a defendant in a patent
infringement action brought by Klausner agrees to licensing deal settling the
parties’ dispute over voice-messaging technology: (IP
Law360), - Kodak – Federal Circuit affirms Kodak’s patent win against Ampex Corp: (IPLaw360),
- Medtronic – Judge corrects claim construction
order in Medtronic’s suit against Abbot Laboratories over balloon catheter and
stent patents: (IP
Law360), - Monsanto – 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), - Mosaid Technologies – Mosaid settles with two of
the four defendants it accuses of infringing its DRAM patents: (IP
Law360), - National Football League – NFL shuts down Super
Bowl parties held in churches, claiming copyright law violations: (Public Knowledge), (Public Knowledge), (Techdirt), (Trademark
Blog), (Against
Monopoly), (Spicy
IP), (Public Knowledge), - N-Data – FTC asserts its antitrust authority to prevent
N-Data from extracting excessive royalties for use of N-Data’s Ethernet
patents: (Mondaq),
(another article from Mondaq), (IP
Law360), - Parallel
Networks – Parallel Networks sues Walgreen, OfficeMax, Saks, Priceline.com,
Orbitz, Shutterfly, and Clark Wamberg for infringement of its technology that
is vital to searching certain web pages: (IP
Law360), - Punchgini – NY Appeals Court finds famous
foreign trade marks are protectible in ITC Ltd v Punchgini Inc: (Intellectual
Property Law Blog), (Spicy
IP), (Mondaq), - Quanta – Experts cast doubt on arguments made in
the Quanta case against LG that competition could be restrained if patent
holders were allowed to collect royalties downstream after a license had been
granted: (IP
Law360), - Quantum Corp – Federal Judge dismisses patent
claims brought by Quantum against Riverbed Technology, based on Quantum’s lack
of standing to assert the patent at the time of filing suit: (IP
Law360), - Rembrandt – In Rembrandt v CIBA patent
case, jury returns verdict for plaintiff on infring