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Philip Brooks’ Patent Infringement Updates 
Patent litigation and related news.
Post Frequency: 1.6/day Last Entry: November 20, 2009 at 06:38:00 Recent Entries: 506
By Philip Brooks
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OraSure Technologies Announces Settlement of Patent Infringement Lawsuit
Posted on November 20, 2009The following is excerpted from an OraSure press release published by GlobeNewswire on November 19, 2009 and available at The Wall Street Journal's Market Watch: OraSure Technologies, Inc. (OSUR) today announced the settlement of the patent infringement lawsuit filed against...
Athena Diagnostics Files Patent Infringement Suit Against Ambry Genetics
Posted on November 19, 2009The following item was posted on November 19, 2009 by MassDevice staff: The Worcester, Mass.-based Thermo Fisher Scientific subsidiary accuses Ambry Genetics Corp. of violating one of its diabetes test patents. Athena Diagnostics Inc. accused a California-based molecular biology firm...
A123 Systems Seeks to Recharge Battery Again
Posted on November 18, 2009The following is excerpted from the "Defendants? Third Unopposed Motion for Extension of Time to Respond to Plaintiffs? Motion for Leave to File Second Amended Complaint" filed on November 16, 2009 in the Hydro-Quebec v. A123 Systems case: Defendants A123...
Intellectual Property Issues in Business Transactions 2010
Posted on November 17, 2009Practising Law Institute is hosting the above-titled seminar on January 21 - 22, 2010 at the PLI New York Center-New York, NY (with a follow-up seminar/live webcast on February 23 - 24, 2010 in San Francisco). The series is chaired...
Convergence Technologies Files Lawsuit Against Hewlett-Packard, Sapphire and Microloops
Posted on November 16, 2009The following is excerpted from a November 16, 2009 Convergence press release published at PRNewswire-Asia: Convergence Technologies (USA) LLC, of Reston Virginia, today announces that it has filed a lawsuit (Docket No. 1:09cv1256) in the Eastern District of Virginia against...
ITC Issues Final Determination in FormFactor's Wafer Probe Card ITC Action
Posted on November 13, 2009The following is excerpted from a November 13, 2009 FormFactor press releaseavailable at Marketwire: FormFactor, Inc. (NASDAQ: FORM) announced today The International Trade Commission (ITC) issued a final determination in the investigation of probe card manufacturers Phicom Corporation and Micronics...
Patentable Subject Matter After the Bilski Oral Argument
Posted on November 12, 2009A Telecast by the Program on Information Justice and Intellectual Property, Washington College of Law, American University and the Federal Circuit Bar Association will take place on November 19, 2009, 4:30-6:30 pm at Washington College of Law, Room 603...
ACLU's Chris Hansen Discusses Biotech Patent Ruling
Posted on November 11, 2009The following is excerpted from a November 11, 2009 post at the Bulletproof Blog drawn from a recent interview with Chris Hansen, staff attorney with the ACLU First Amendment Working Group. In the interview, Mr. Hansen discusses the impact of...
Tessera Technologies Provides Update on Legal Actions
Posted on November 10, 2009The following is excerpted from a November 2, 2009 Business Wire item found at Trading Markets: On Oct. 30, 2009, the International Trade Commission (ITC) announced that it will review portions of the Initial Determination by the Administrative Law Judge...
TSMC vs. SMIC Ends with $200M Settlement
Posted on November 09, 2009The following is excerpted from a November 9, 2009 Semiconductor International article by David Lammers: Taiwan Semiconductor Manufacturing Co. Ltd. (TSMC, Hsinchu, Taiwan) settled its trade secrets lawsuit with Semiconductor Manufacturing International Corp...
India Angered by Generic Drug Seizure
Posted on November 06, 2009The following is excerpted from a November 4, 2009 article at the Bangkok Post: India accused the European Union Wednesday of violating WTO norms by confiscating generic drugs made by Indian pharmaceutical companies, a report said. The latest incident, which...
TSMC Court Win a Major Blow to China's Biggest Chip Maker
Posted on November 05, 2009The following is excerpted from a November 5, 2009 article by Dan Nystedt at Computerworld: Taiwan Semiconductor Manufacturing (TSMC) has won a major victory over China's biggest chip maker in a court case that could have wide ranging implications for...
Complex Patent Suits: The Use of Special Masters for Claim Construction
Posted on November 04, 2009The following is excerpted from the above-titled article by Neil A. Smith (partner with Sheppard, Mullin, Richter & Hampton LLP) from the September/October 2009 print edition of the American Bar Association's Section of Intellectual Property Law's Landslide: When a complex...
Secret Details of Litigation Financing Deal
Posted on November 03, 2009The following is excerpted from a November, 3, 2009 article by Alison Frankel at The Am Law Litigation Daily: One of the frustrations of reporting on the rise of third-party litigation financing funds...is the secrecy surrounding the practice. For the...
Bilski Case's Pittsburgh Connection
Posted on November 02, 2009From an article by Anya Litvak in the October 30, 2009 print edition of the Pittsburgh Business Times: On Nov. 9, the U.S. Supreme Court will decide if a Pittsburgh company?s idea to protect consumers against energy price and volume...
Recommendation 45 of the WIPO Development Agenda and IP Enforcement
Posted on October 30, 2009Mr. Sisule F. Musungu, President, IQsensato, Geneva prepared a document titled, "The Contribution of, and Costs to Right Holders in Enforcement, Taking into Account Recommendation 45 of the WIPO Development Agenda." The report was published on September 28, 2009 for...
LexisNexis Semantic Search Patent Research
Posted on October 29, 2009The following is excerpted from an October 12, 2009 post by Thomas J. Colson at the Securing Innovation blog: LexisNexis, a leading global provider of content-enabled workflow solutions, today announced the availability of transparent semantic search technology for its full...
Troll Tracker Defamation Case Settles Before Going to Jury
Posted on October 28, 2009The following is excerpted from a September 22, 2009 post by Joe Mullin (a reporter at IP Law & Business) at The Prior Art blog: After four days of testimony, the "Troll Tracker" defamation lawsuit ended in a confidential settlement...
Tax Treatment of Infringement Damages
Posted on October 27, 2009The following is excerpted from the October 2009 issue of Sunstein's Intellectual Property Update titled, "Tax Treatment of Infringement Damages: Plan Ahead to Improve Your Results" by Thomas C. Carey: In 1989, Pizza Hut disclosed the C&F trade secrets to...
CAP Applauds Exclusion From Gene Patent Infringement in Clinical Care
Posted on October 26, 2009The following is excerpted from a College of American Pathologists (CAP) October 23, 2009 press release at PR Newswire: The College of American Pathologists today expressed its support for a key government advisory group's recommendation to create an exemption from...
Nokia Sues Apple for Infringement of Ten Patents
Posted on October 23, 2009The following is excerpted from an October 22, 2009 Nokia press release: Nokia announced that it has today filed a complaint against Apple with the Federal District Court in Delaware, alleging that Apple's iPhone infringes Nokia patents for GSM, UMTS...
Finding Similar Patents with Xyggy Patent
Posted on October 22, 2009Xyggy Patent finds and ranks US patents based on how similar they are to the query patent(s) using item search rather than text search. This application went live on October 16, 2009. As an example, let's use the "412" patent...
Judge Emphatically Denies Motion to Continue Markman Hearing in Hydro-Quebec v. Valence Case
Posted on October 21, 2009Judge Sparks in the Hydro-Quebec v. Valence Technology, Inc. case (No. A-06-CA-111-SS) in the US District Court for the Western District of Texas, Austin Division issued the following order on October 14, 2009: BE IT REMEMBERED on this day the...
Outsourcing IP? Preventing IP Infringement in China
Posted on October 20, 2009The following is excerpted from a Bleum press release at PR Newswire and whitepaper: Bleum, one of China's leading IT outsourcing providers to American and European companies today [October 19, 2009], published its latest whitepaper entitled "Outsource IP? Preventing IP...
SonoSite Announces Global Patent Settlement With GE
Posted on October 19, 2009The following is excerpted from an October 19, 2009 SonoSite press release published at Business Wire's Enhanced Online News: SonoSite, Inc. (Nasdaq:SONO), the world leader and specialist in hand-carried ultrasound for the point-of-care, announced today that the company has resolved...
Big Numbers
Posted on October 16, 2009The above-titled article appears in the Summer 2009 issue of Litigation, the Journal of the Section of Litigation of the American Bar Association and is authored by D. Mitchell McFarland of Harrison, Bettis, Staff, McFarland & Weems, LLP. In the...
Tech Patents Run Amok
Posted on October 15, 2009Rob Preston, VP and editor in chief of InformationWeek, writes in the October 12, 2009 print issue: Opposition to software patents, especially the specious ones, makes for strange bedfellows. Big business aligning with digital freedom fighters. The open source faithful...
Happy 10th Birthday to IPWatchdog.com!
Posted on October 14, 2009The following post by Gene Quinn appeared on October 10, 2009 at IPWatchdog.com: It is almost difficult to believe that 10 years ago today IPWatchdog.com first launched. At the time I was living in Orlando, Florida, and had just embarked...
Conference on Recent Trends in Patinformatics
Posted on October 13, 2009The Society for Information Science (SIS) is an all India Professional body devoted to encouraging interaction among information professionals, scientists, managers and users. SIS is hosting the above-titled conference on December 9-12, 2009 in Pune, India...
GUEST BLOG: TAFAS V. DOLL ROUND IV: DOWN FOR THE COUNT
Posted on October 12, 2009By Charles R. Macedo and Marion P. Metelski * On Thursday, October 8, 2009, the USPTO announced that it was rescinding its controversial Final Rule regarding claim examination and continuation applications (?the Final Rule,? see Changes to Practice for Continued...
5th International Conference on Corporate Intellectual Property Strategy
Posted on October 09, 2009The 5th International Conference on Corporate Intellectual Property Strategy will take place on October 28-30, 2009 in Zhengzhou City, China. The agenda as reported by the Information Retrieval Facility will include the following: Panel One: Innovation and IP Service System...
Boston Phoenix Division Sues Facebook
Posted on October 08, 2009The following article by Jay Fitzgerald appears in the October 8, 2009 Boston Herald: A division of the Boston Phoenix is suing Facebook, accusing the hugely popular Internet site of patent infringement. Tele-Publishing, a subsidiary of the Phoenix Media/Communications Group,...
Eolas Patent Suit Volley
Posted on October 07, 2009The following is excerpted from an October 7, 2009 news item found at TechCentral.ie: Eolas Technologies has begun a new round of patent suits based on its browser plug-in patent. The company fought an eight year battle with Microsoft, claiming...
Patent Reexamination: The New Strategy for Litigating Infringement Claims
Posted on October 06, 2009Strafford Publications is hosting the above-titled live teleconference/webinar with interactive Q&A on October 14, 2009. Patent reexamination filings are soaring. Companies accused of patent infringement are now fighting back by routinely asking the U...
Japanese Patent Website
Posted on October 05, 2009I have added the Japanese patent website, www.patentjp.com, to the Tools list in the left margin of the blog. The site purports to have one million Japanese patents listed on the site. This site is in Japanese only.
GUEST BLOG: U.S. GOVERNMENT FILES BRIEF IN BILSKI V. KAPPOS
Posted on October 02, 2009This guest blog by Charles R. Macedo & Michael J. Kasdan* is from an Amster, Rothstein & Ebenstein LLP Patent Litigation Alert: On Friday, September 26, 2009, the U.S. Government filed its Brief to the U.S. Supreme Court in Bilski...
Noted Scientist Urges More Flexibility in Technology Transfer
Posted on October 01, 2009The following is excerpted from a September 29, 2009 IP Advocate press release: Speaking of the then-divided Berlin, former President Reagan famously admonished Soviet leader Gorbachev to ?tear down this wall.? In a similar spirit, IP Advocate founder Dr...
A123 in Talks to Settle Lithium Battery Patent Fight
Posted on September 30, 2009The following is excerpted from a September 24, 2009 Bloomberg article by Susan Decker and Alan Ohnsman: A123 Systems Inc., a maker of lithium batteries for plug-in cars that first sold stock today, is in talks to end a patent...
Reminder - 2nd Annual Pharmaceutical Congress on Paragraph IV Disputes
Posted on September 29, 2009As a follow-up to my June 18, 2009 post, the above-titled conference will take place on October 22-23, 2009 in Philadelphia, PA and promises to help attendees effectively navigate regulations, case law, reverse payment issues and enforcement trends. The majority...
Intellectual Property Law and Litigation: Practical and Irreverent Insights
Posted on September 28, 2009The above-titled book edited by Edward F. O'Connor is available from the American Bar Association This irreverent but amusing and informative book is a combination of actual courtroom experiences as well as discussion of intellectual property law and litigation principles...
Patent Logic in Lucent Case May Benefit Microsoft in its Word Appeal
Posted on September 25, 2009The following is excerpted from an article by Scott M. Fulton, III published in Betanews on September 24, 2009: Two weeks ago, the Federal Circuit Appeals court struck down a huge jury verdict against Microsoft, on the basis that the...
Antitrust and Intellectual Property: Recent Developments in the Pharmaceuticals Sector
Posted on September 24, 2009The following September 24th, 2009 article by Aidan Synnott and William Michael of Paul, Weiss is published at GCP (Global Competition Policy): During his campaign for the Presidency, then-Senator Barack Obama promised that he would direct his administration to ?reinvigorate...
Cook Incorporated Wins Patent Infringement Appeal Filed By Edwards Lifesciences
Posted on September 23, 2009The following is excerpted from a September 23, 2009 Cook Medical press release published at Business Wire: The United States Court of Appeals for the Federal Circuit today affirmed the previous ruling of the United States District Court for the...
General Patent Corporation Settles Patent Infringement Lawsuit Between ShopNTown and Landmark Media
Posted on September 22, 2009The following is excerpted from a September 22, 2009 GPC press release: General Patent Corporation (GPC), a leading patent licensing and enforcement firm, has announced today on behalf of its client, ShopNTown, LLC, that a settlement has been reached in...
How Korean Industries Should Prepare for Patent Troll Attacks
Posted on September 21, 2009The following is excerpted from the above-titled article by Moon Kim in the September 21, 2009 issue of Korea IT Times: When Worlds.com filed a patent for its invention of a system and method for enabling users to interact in...
Vacating $357 Million Award, Federal Circuit Addresses Key Patent Damages Issue
Posted on September 18, 2009I received the following Morgan Lewis intellectual property lawflash yesterday, September 17, 2009: On September 11, the U.S. Court of Appeals for the Federal Circuit vacated Lucent?s $357 million patent infringement award against Microsoft. Lucent Technologies, Inc...
Daubert Challenges Of Financial Experts: Keys To Offering & Defending
Posted on September 17, 2009National Constitution Center is hosting the above-titled audio conference on October 14, 2009. The speaker for the program is Clifton Hutchinson, a partner in the Dallas office of at K&L Gates, where he specializes in complex litigation and scientific expert...
MMP Portfolio? Prevails After Multiple Reexams
Posted on September 16, 2009Business Wire published an Alliacense press release today, September 16, 2009. The following is an excerpt from that release: Alliacense announced today that the USPTO has affirmed the validity of US?336, the most widely recognized patent in the MMP Portfolio?...
Appeals Court Affirms Patent Infringement Rulings Against Roche's peg-EPO Product
Posted on September 16, 2009The following is excerpted from a September 16, 2009 article at World Pharma News: Amgen (Nasdaq: AMGN) has announced that the Court of Appeals for the Federal Circuit affirmed the Massachusetts District Court's decision that Roche's peg-EPO product, Mircera, infringes...
Intel v. Wi-LAN
Posted on September 15, 2009Wi-LAN provided the following September 4, 2009 litigation update on the above patent infringement case in the Northern District of California: Intel files its Opposition to Wi-LAN?s Motion for Certification of Interlocutory Appeal of the June 4, 2009 Order of...
Microsoft Sale Of Linux Patents Roils Open Sourcers
Posted on September 14, 2009The following is excerpted from a September 11, 2009 InformationWeek article by Charles Babcock: Microsoft (NSDQ: MSFT) put 22 patents up for sale in July, listing them all as in the "open source" category, with some of them, "Linux-focused." The...
Fresenius Med. Care Holdings, Inc. v. Baxter Int?l, Inc.
Posted on September 11, 2009The following is excerpted from a Dewey & LeBoeuf IP Watch regarding Nos. 08-1306, -1331, Fed. Cir. (Newman, Gajarsa,* Dyk): Just as a patentee who seeks to prove infringement must provide a structural analysis by demonstrating that the accused device...
Martek, Capsugel Settle Patent Lawsuit
Posted on September 10, 2009The following is from a September 10, 2009 item at Natural Products Insider: Martek Biosciences Corp. announced the resolution of a patent infringement lawsuit filed in the High Court of Strasbourg, France, against Capsugel France. As a result of the...
California State Court Follows Federal Circuit?s Lead ? ?Reverse Payments? Do Not Violate Antitrust Laws
Posted on September 09, 2009The following news item was posted on September 8, 2009 by Douglas "Doug" D. Salyers, Diane J. Romza-Kutz, and Albert Jacobs, Jr. of Troutman Sanders: In what appears to be a case of first impression in the State of California,...
Cognex Receives Settlement in Patent Dispute
Posted on September 08, 2009The following is excerpted from a September 8, 2009 Cognex press release available at Business Wire: Cognex Corporation (NASDAQ:CGNX) has accepted a settlement offer from Multitest Elektronische Systeme GmbH and its U.S. subsidiary in a dispute concerning Multitest?s importation and...
Court Orders Dish To Pay TiVo $200 Million In Patent Case
Posted on September 06, 2009The following is excerpted from a September 4, 2009 article by Todd Spangler at Multichannel News: A Texas federal judge on Friday ordered Dish Network to pay about $200 million in damages and contempt sanctions to TiVo, finding that the...
Microsoft Says i4i Victory Requires Time to Redesign Word Office
Posted on September 04, 2009The following McLean Watson press release was published at PR Newswire on September 4, 2009: In i4i vs. Microsoft, the Federal Circuit Court of Appeal has granted a stay of i4i's injunction against Microsoft Word pending appeal. Loudon Owen, Chairman...
Ten Ways That Attorneys Kill Their Experts
Posted on September 03, 2009The American Bar Association Section of Family Law and the Center for Continuing Legal Education are sponsoring this teleconference and live audio webcast on September 16, 2009. Program Description Expert testimony is often a key component of evidence at trial...
Cooley Brings On IP Trio From White & Case
Posted on September 01, 2009The following is excerpted from an article by Zusha Elinson appearing in the September 1, 2009 issue of The Recorder: After losing a number of key partners in recent weeks, Cooley Godward Kronish is picking up three IP litigators from...
Fence Posts or Sign Posts? Rethinking Patent Claim Construction
Posted on August 31, 2009The following is excerpted from the above-titled article by Dan L. Burk & Mark A. Lemley from the July 2009 issue (Vol. 157, No. 6) of the University of Pennsylvania Law Review: Patents are, in theory, a legal right to...
Twenty-One Day Safe Harbor Applies To Rule 11?No Matter What
Posted on August 28, 2009The following article by Leigh J. Martinson is excerpted from McDermott Will & Emery's August 2009 IP Update (Vol. 12, No. 8): The U.S. Court of Appeals for the Federal Circuit confirmed that the service and filing of a motion...
TiVo Sues AT&T, Verizon Over DVR Patents
Posted on August 27, 2009The following was posted by Larry Dignan at ZDNet's Between the Lines yesterday, August 26, 2009: TiVo said Wednesday that it is suing AT&T and Verizon over three DVR patents. The complaints seek damages and a permanent injunction. Simply put,...
ABA Kicks Off Legal Rebels Project
Posted on August 26, 2009Yesterday, August 25, 2009, Edward A. Adams wrote: Our Legal Rebels project?profiling 50 of the profession?s leading innovators?gets under way today. (Learn more about why we launched the project and what we hope to accomplish at www.LegalRebels.com/about...
Krippelz v. Ford Motor Co. Willful Infringement Damages Decision Due Shortly
Posted on August 26, 2009Jake Krippelz, VP of US operations for Jakes Inc. says "the enhancement ruling...will be happening soon." The following is excerpted from a December 24, 2008 Vcorp blog post: Patent lawsuits sometimes take years to become resolved, however very few of...
Time for Fairness in Calculating Infringement Damages
Posted on August 25, 2009The following is excerpted from the August 24, 2009 post at the Coaltion for Patent Fairness' better mouse trap blog: The rise in litigation can be attributed to two factors: first, the U.S. Patent and Trademark Office is processing patent...
TechNet Patents Forum
Posted on August 24, 2009World Research Group is hosting the TechNet Patents Forum, the premiere intellectual property conference focused on practical, proven methods for driving ROI by transitioning in-house patent teams- from technology, internet, and software companies- from legal bodies to business units...
Chinese Companies Getting Savvy to the Power of US Patents
Posted on August 21, 2009From General Patent Corporation's Wealth of Ideas August 2009 newsletter: ...Chinese manufacturers are beginning to turn from imitation to innovation. They?re applying for United States patents in droves ? and, in an interesting twist, they?re starting to sue each other...
No Discovery is Appropriate in Addressing Coverage for Intellectual Property Disputes
Posted on August 20, 2009I just received my print issue of the July/August 2009 issue of Coverage (newsletter of the Committee on Insurance Coverage Litigation of the Section of Litigation of the American Bar Association). The above-titled article by David A. Gauntlett includes the...
Google Gooses Search
Posted on August 19, 2009I ran across the following Quick Takes item in the August 17, 2009 print edition of InformationWeek: Google's new Caffeine search platform is drawing raves from testers who say it yields more results with better accuracy than its existing search...
GPC Licenses DTL Cell Phone Patent to Eleven Phone Companies
Posted on August 18, 2009General Patent Corporation (GPC), a leading patent licensing and enforcement firm, announced today [August 18, 2009] on behalf of its client, Digital Technology Licensing LLC (DTL), that it has licensed DTL's key cell phone patent to eleven (11) phone companies...
Boliven Patent Search Site
Posted on August 07, 2009Boliven is a free patent search site that you may find useful. It covers several patent authorities (USPTO, EPO, PCT, JPO, KIPO) plus INPADOC and includes patent file histories and assignments. It also has some graphical analytics (top assignees, top...
Dish Prevails Over TiVo in Initial Patent Ruling
Posted on August 06, 2009The following is excerpted from an Associated Press August 5, 2009 article at Forbes: Dish Network Corp. said Tuesday that it has received an initial favorable ruling related to its patent fight with TiVo Inc. The satellite TV operator, and...
VirnetX Receives Markman Order in Patent Infringement Action Against Microsoft
Posted on August 05, 2009The following is from a July 31, 2009 VirnetX press release available at PR Newswire: VirnetX Holding Corporation (NYSE Amex: VHC) announced today that the United States District Court for the Eastern District of Texas, Tyler Division, issued its patent...
Patent Exploitation "Made in Germany"
Posted on August 04, 2009A press releaseappeared today, August 4, 2009, at PR Newswire that really caught my eye. The article describes the importance of considering patent value in lending decisions and in potentially avoiding bankruptcy. I was retainedby a public company several years...
2009 IPO Annual Meeting
Posted on August 03, 2009The Intellectual Property Owners Association is hosting its 2009 annual meeting September 13-15, 2009 in Chicago, IL. We are pleased to have Greg Brown, President and Co-CEO of Motorola, Inc., as Monday?s luncheon speaker. Tuesday?s luncheon speaker will be Hon...
DOJ Takes Aggressive View of "Pay for Delay" Settlements
Posted on July 31, 2009The following is excerpted from an article by Thomas Carey appearing in Sunstein's July 2009 IP Update: The Department of Justice now recommends strict scrutiny of ?reverse payments? ? settlements of patent litigation lawsuits in which the plaintiff, a pioneer...
Markman Hearing Presentation
Posted on July 30, 2009The PLI has a Web Program available from Markman Hearings and Claim Construction in Patent Litigation 2009 recorded July, 2009 in New York City. The purchase price of this Web Program segment includes the following article from the Course Handbook...
Patent Filing Trends Around The Globe: A Dolcera Analysis
Posted on July 29, 2009From a July 28, 2009 post at The Dolcera Blog: In 2006 total number of application filled across the world were 1,764,633 which were 4.9% more than filled in 2005 (1,681,596). There is 91% increase in patent filing from 1985...
Apple, RIM, Samsung Chips Targeted in Trade Case
Posted on July 28, 2009The following is excerpted from a Daily Herald article that appeared today, July 28, 2009: Apple Inc., Research In Motion Ltd. and six other companies that use Samsung Electronics Co. memory chips were named in a U.S. trade complaint that...
Teva and Ortho-McNeil-Janssen Settle Ortho Tri-Cyclen® Lo Litigation
Posted on July 27, 2009On July 24, 2009, Teva issued the following statement at Business Wire: Teva Pharmaceutical Industries Ltd. (Nasdaq: TEVA) announced today that it has entered into a definitive agreement with Ortho-McNeil-Janssen to settle the patent infringement lawsuit in the U...
Neo Material Technologies' Magnequench Division Completes Patent Compliance Program Extension
Posted on July 24, 2009The following is excerpted from a July 23, 2009 press release appearing at CNW Group: Neo Material Technologies (TSX: NEM) (the "Company" or "Neo") announced today that its Magnequench division has effectively completed the extension of its patent compliance program...
Index Ventures Joins Kleiner Perkins and Charles River in RPX Series B
Posted on July 23, 2009As a follow-up to my January 26, 2009 and March 16, 2009 posts on RPX, the following news is excerpted from an RPX press release issued today: RPX Corporation, a defensive patent aggregator, today announced it completed a Series B...
Largest Patent Litigation Settlement in China
Posted on July 22, 2009Evalueserve?s latest article analyzes the patent infringement lawsuit filed by The Chint Group against Schneider Electric in China. It was recently announced that French company Schneider Electric settled a three-year old patent litigation with Chint, one of the largest manufacturers...
How the Supreme Court Should Resolve Bilski v. Doll
Posted on July 21, 2009Guest post by Charles R. Macedo, Norajean McCaffrey[*] (July 20, 2009) On June 1, 2009, the U.S. Supreme Court granted a petition for writ of certiorari for the Federal Circuit?s decision In re Bilski. See Bilski v. Doll, 129 S.Ct....
AMS Calls Patent-Infringement Loss a Win for Their SCRAM System
Posted on July 20, 2009The following is excerpted from a July 16, 2009 Alcohol Monitoring Systems, Inc. press release found at PR Newswire: Denver-based Alcohol Monitoring Systems (AMS) has recently lost a long-standing patent infringement case against Tampa, Florida-based Actsoft...
Lawyer Could Face Jail for Voir Dire Question
Posted on July 17, 2009The following item was posted by Debra Cassens Weiss on July 14, 2009 at the ABA Journal: A federal judge has found patent lawyer John van Loben Sels in contempt of court and threatened him with a 48-hour jail sentence...
IP Advocate Adds New Expert Opinions Section
Posted on July 16, 2009On July 14, 2009, IP Advocate issued a press release (see excerpt below): Adding new functionality and resources to its award-winning online community, IP Advocate has launched ?Expert Opinions,? a new section in the IPAO Forum on IPAdvocate.org designed to...
Protection of Business Method Patents Outside the United States
Posted on July 16, 2009The above-titled article in the Vol.1 No.5 May/June 2009 print issue of Landslide (a publication of the ABA Section of Intellectual Property Law) by Eugene F. Derényi, Vivien Tzau, Nicholas Zweck, Huw Evans, Ramesh C. Dhawan, Anuj Kulshreshtha, Lena Shen,...
Jones Day U.S. Supreme Court Review/Preview
Posted on July 14, 2009I just came from attending an excellent Supreme Court Round-Up at Jones Day's Pittsburgh office. The program titled, "U.S. Supreme Court OT '08 / OT '09 Review / Preview" was presented by Douglas Cole, Chad Readler, Brian Murray and Leon...
The "Cuddly Dragon Shows His Fiery Side
Posted on July 13, 2009Simon Watkins of Financial Mail writing at thisismoney.co.uk on July 12, 2009 states: With his floppy hair and boyish grin, millionaire Richard Farleigh was the 'cuddly one' who used to be in BBC Dragons' Den, always ready with a friendly...
Dewey IP Trio Jumps to McKool Smith
Posted on July 10, 2009The following is excerpted from a July 10, 2009 article by Brian Baxter of The American Lawyer: Only a day after Dewey & LeBoeuf helped itself to the cream of Cooley Godward Kronish's corporate practice, the firm lost three IP...
Inventor Fights for Ownership Rights To His Own Patents
Posted on July 09, 2009ATLANTA (July 8, 2009) ? IP Advocate today announced that it has published a new case study on its website ? www.IPAdvocate.org ? presenting the story of an academic researcher honored by the EPA who is now battling his university...
Kenyan AIDS Patients Seek To Overturn Anti-Counterfeiting Law
Posted on July 08, 2009Nicholas Wadhams writes today, July 7, 2009, for Intellectual Property Watch: Three HIV/AIDS patients in Kenya announced Tuesday they will petition the country?s Constitutional Court to declare a new anti-counterfeiting act illegal because it could deny them access to generic...
Federal Data Going Online
Posted on July 07, 2009J. Nicholas Hoover wrote an article in the June 8, 2009 issue of InformationWeek about the federal government's launch in May of the Data.gov website with 47 data sets. The goal was to have 100,000 data feeds available to the...
Example of Special Master Assignment
Posted on July 06, 2009By Order of the Court, Blank Law & Technology was appointed Special Master to interview both Plaintiffs and Defendants to determine whether Defendants? destruction of file servers containing project data in a patent infringement case was willful and whether such...
Chip Bans Hit OEM Plans
Posted on July 03, 2009The following is excerpted from a July 1, 2009 article by Rick Merritt at EE Times: Systems makers may be beginning to feel the bite of a limited exclusion order prohibiting the import of chips from six companies found to...
Bayer Files Patent Infringement Lawsuit Against Teva
Posted on July 02, 2009The following is excerpted from a Thursday, July 02, 2009 press release at Webwire: Bayer Schering Pharma AG, Germany and Bayer HealthCare Pharmaceuticals Inc. together with Schering Corporation have filed a patent infringement lawsuit in the U.S. Federal Court in...
CRESTOR PATENT INVALIDITY EVIDENCE UNCOVERED BY ARTICLE ONE PARTNERS COMMUNITY
Posted on July 01, 2009The following is excerpted from a July 1, 2009 Article One Partners press release: Article One Partners, LLC has discovered new prior art impacting the validity of AstraZeneca?s Crestor U.S. drug patent, in closing out another round of Patent Studies...
Best Tax Practices for Managing Intellectual and Intangible Property
Posted on June 30, 2009On July 9, 2009, CCH is hosting a live audio seminar titled, "Managing Your Intellectual and Intangible Propery: Best Tax Practices for Domestic and Cross-Border Operations." Learn the best tax strategies for working with intangible assets ? in a timely...
Calculating Damages Arising from Design Patent Infringement
Posted on June 29, 2009I just received my print Summer 2009 issue of the ABA Intellectual Property Litigation newsletter. The following is excerpted from the above-titled article by Mark Gallagher and Kelly Caputo of Duff & Phelps: So, what would you like in your...
IP Trial Strategy: Buying Tivo's Bull
Posted on June 26, 2009The following is excerpted from a June 26, 2009 article by Zusha Elinson of The Recorder appearing at Law.com: As the make-or-break patent trial between Tivo Inc. and EchoStar Corp. got under way in Marshall, Texas, Tivo's top brass had...
Professional Liability Policy Excludes Patent Claims
Posted on June 25, 2009Kenneth J. St. Onge writing today, June 25, 2009, for Insurance Journal: A professional liability policy does not cover legal fees for patent infringement lawsuits brought by a competing company, a Pennsylvania appeals court has ruled. The ruling comes in...
Business Method Patents on Supreme Court Docket
Posted on June 24, 2009From BPCouncil: Some 30 years after it last looked into the subject, the Supreme Court decided to weigh in on the burning issue of software and business method patentability by granting the certiorari petition and hearing the appeal filed by...
LARGO Models Supreme Court Decision Making
Posted on June 23, 2009I just finished reading an article by Cara J. Hayden in the print edition of the Spring issue of Pitt Magazine (electronic version will eventually post here). The article titled, "Supreme Decisions," discusses the work of Pitt professor Kevin Ashley....
China's Guidebook for Pharmaceutical Patent Protection
Posted on June 22, 2009Research and Markets announced today, June 22, 2009, in a Business Wire press release: The addition of the "China's Guidebook for Pharmaceutical Patent Protection" report to their offering. China is expected to become the fifth largest drug market in the...
fuelperks! Patent Infringement Suit Filed Against Safeway
Posted on June 19, 2009The following is excerpted from a June 18, 2009 press release available at Business Wire: Excentus Corporation announced today that it has filed a lawsuit against Safeway, Inc. and Safeway subsidiaries, including Blackhawk Network, Inc., Blackhawk Marketing, LLC...
2nd Annual Pharmaceutical Congress on Paragraph IV Disputes
Posted on June 18, 2009The Center for Business Intelligence is hosting the above-titled conference in Philadelphia, PA on October 22-23, 2009. Paragraph IV litigation is reaching an all-time high with almost $85 billion in product sales that potentially could be affected by pending litigation...
Pfizer Sues Mylan Over Patents for Top-Drug Lipitor
Posted on June 17, 2009The following is excerpted from a June 15, 2009 article by Phil Milford and Susan Decker at Bloomberg: Pfizer Inc., the world?s biggest drugmaker, sued rival Mylan Inc. asking a judge to prohibit sales of a generic version of its...
IP Advocate Wins Two Communicator Awards of Distinction From International Academy of Visual Arts
Posted on June 16, 2009Non-Profit Dedicated to Empowering Academic Researchers is Honored For Excellence in Education and Branding ATLANTA (June 16, 2009) ? IP Advocate (www.IPAdvocate.org) today announced it has won two awards from the International Academy of the Visual Arts, honoring the non-profit...
Pittsburgh Penguins Win Stanley Cup
Posted on June 15, 2009Pittsburgh Wins Super Bowl, Stanley Cup ... World Series?!?!!!
A123 Systems Files Motion to Reopen Case Against Hydro-Quebec
Posted on June 12, 2009Jeffrey Gleason of Wilmer Cutler Pickering Hale and Dorr LLP, counsel for A123 Systems, Inc. filed a motion yesterday, June 11, 2009, to reopen the A123 Systems, Inc. v. Hydro-Quebec case: Plaintiff A123 Systems, Inc. (?A123?) hereby moves the Court....
Developments in Pharmaceutical and Biotech Patent Law 2009
Posted on June 11, 2009PLI is hosting the above-titled conference in New York City on September 17, 2009 (along with groupcasts in Boston, Philadelphia and Pittsburgh and a live webcast) and in San Francisco on October 14, 2009. This year?s program is totally new!...
Cellectis SA Clarifies Competitor?s Comments on Preliminary U.S. Patent Office Action
Posted on June 10, 2009The following is an excerpt from a June 10, 2009 Cellectis press release available at Business Wire: On March 13, 2008, the genome engineering company Cellectis SA (Alternext: ALCLS) initiated a patent infringement lawsuit in the U.S. District Court in...
Largest U.S. Patent Infringement Case Ever is Controversial Too
Posted on June 09, 2009A reader alerted me that the jury in the Star Scientific v. R.J. Reynolds case should get the case this week. I have covered this case in numerous prior posts. The following is excerpted from a May 19, 2009 article...
Tafas Requests Rehearing En Banc in PTO Rules Case
Posted on June 08, 2009From two June 4, 2009 posts by Matt Osenga at his Inventive Step blog: One of the plaintiffs in the PTO rules case, Dr. Tafas, has filed a combined petition for the Federal Circuit panel to rehear the case, or...
Monroeville Woman Claims Victoria's Secret Infringed on Her Patent
Posted on June 04, 2009From a June 4, 2009 article by Paula Reed Ward at the Pittsburgh Post-Gazette: They say necessity is the mother of invention. For Heather Knox, it was frustration that drove her. After spending years having to wear two bras at...
Dish Network Hit With Contempt Ruling in Patent Case
Posted on June 03, 2009The following is excerpted from a June 3, 2009 article at the Portland Business Journal by Greg Avery of the Denver Business Journal: Satellite broadcaster Dish Network Corp. has been found in contempt of a two-year-old patent infringement judgment won...
Elite Group of Chief Intellectual Property Officers to Convene For Groundbreaking Meeting
Posted on June 02, 2009The following is excerpted from a June 2, 2009 IAM press release: Intellectual Asset Management (IAM) magazine, the world?s leading provider of IP business news, today announced it will host the inaugural meeting of the Chief Intellectual Property Officer (CIPO)...
The Economics of Commercial Success in Pharmaceutical Patent Litigation
Posted on June 01, 2009The above-titled article by Rahul Guha, Jian Li, and Andrea L. Scott appeared as the cover article for the May/June 2009 print issue of Landslide (a publication of the ABA Section of Intellectual Property Law). The following is an excerpt...
U.S. Reexamines Merck's Singulair Patent
Posted on May 29, 2009In a follow-up to prior posts (e.g., March 19, 2009) on Article One Partners is this excerpt from a Reuters article by Ransdell Pierson at guardian.co.uk: Merck & Co said on Thursday the U.S. Patent Office is reexamining the patent...
Vote for the Top Patent Blogs
Posted on May 28, 2009Gene Quinn of the IPWatchdog Blog is soliciting votes to rank the top patent blogs from the 50 identified previously. Philip Brooks' Patent Infringement Updates is one of the 50 available for readers to vote on. Take a look at...
Invotex Damages Expert Testifies in Internet Advertising Patent Infringement Trial against Yahoo
Posted on May 27, 2009From a May 19, 2009 press release at PR Newswire: In the internet advertising patent infringement suit brought against Yahoo, Inc. by Acacia Research Corporation's subsidiary, Creative Internet Advertising Corp., Invotex(R) Group damages expert Michele M...
A Litigator's Guide to Expert Witnesses
Posted on May 26, 2009An American Bar Association bookstore best seller by Cecil C. Kuhne III: Whether you are an experienced litigator or just starting your practice, you won't want to head to court or to a deposition without this book. The admission of...
Civil Procedure: Pre-Suit Filing Requirements
Posted on May 22, 2009In a comment posted by Robert Matthews, Jr. of Latimer, Mayberry & Mathews IP Law, LP at LegalOnramp.com in response to a February 23, 2009 post by Eric Johnson at his Seattle Litigation Journal: Via Rule 11 of the Federal...
Toronto Firm Wins in Suit Against Microsoft
Posted on May 21, 2009The following is excerpted from a May 20, 2009 article by Simon Avery appearing at the Globe and Mail: A small technology company in Toronto has won a Texas jury verdict ordering Microsoft Corp. to pay it $200-million (U.S.) for...
VIZIO Files TV Patent Infringement Lawsuit Against Funai
Posted on May 20, 2009The following is excerpted from a May 20, 2009 VIZIO press release available at PRNewswire: VIZIO, Inc., the Number One Shipper of Flat Panel HDTVs in the USA, announced today that it has filed a patent infringement lawsuit in the...
Acacia Research Subsidiary Creative Internet Advertising Corporation Receives $6.6 Million Jury Award in Patent Infringement Case
Posted on May 19, 2009The following is excerpted from a May 18, 2009 press release at Business Wire: The Simon Law Firm announces that on May 15, 2009, a federal jury awarded Acacia Research Corporation?s (Nasdaq: ACTG) subsidiary, Creative Internet Advertising Corporation, $6...
Patent Law And Theory - A Handbook of Contemporary Research
Posted on May 16, 2009The above-titled book edited by Toshiko Takenaka, Professor of Law and Director, Center for Advanced Study and Research on Intellectual Property, University of Washington School of Law, US and Visiting Professor of Law, Waseda Law School, Japan was published by...
Patent Suit Challenges Limits Over Cancer Test
Posted on May 14, 2009The following is excerpted from a May 14, 2009 article by Paula Reed Ward at the Pittsburgh Post-Gazette: A genetic test to show predisposition for breast and ovarian cancer has likely saved the lives of thousands of women across the...
BT Conferencing Purchases a License under the Ronald A. Katz Technology Licensing, L.P. Patents
Posted on May 13, 2009The following is excerpted from a May 13, 2009 Business Wire press release: Ronald A. Katz Technology Licensing, L.P. announced today that BT Conferencing, one of the leading global providers of audio, video and web collaboration services, purchased a license...
Goodenough Ex Parte Reexamination Certificate Issued
Posted on May 12, 2009Today, May 12, 2009, US 6,514,640 C1 issued under 35 U.S.C. 307 with the following findings: As a result of reexamination, it has been determined that: Claim 25 is cancelled. Claims 1, 2, 17 and 24 are determined to be...
What's Happening to United States Patents?
Posted on May 07, 2009The following is excerpted from an article by Alan G. Towner in Pietragallo Gordon Alfano Bosick & Raspanti, LLP's Spring 2009 newsletter: The strength of U.S. patents has been called into question recently. In the 1980s and 1990s, the value...
"Reverse Payments" in Pharmaceutical Patent Settlements
Posted on May 06, 2009The Oxford University Press recently published [June 2008] a case study that was co-authored by Senior Economist John Bigelow of the Princeton Economics Group, Inc. The case study described an attempt by the Federal Trade Commission to challenge so-called "reverse...
Eastern District of Texas Venue Update
Posted on May 05, 2009The American Bar Association's Section of Intellectual Property Law is hosting the above-titled teleconference and live audio webcast on May 15, 2009. In light of recent orders and appeals from orders on motions to transfer venue from the Eastern District...
Insurer Off Hook for Fees in Patent Suit
Posted on May 04, 2009The following is excerpted from a May 4, 2009 article by Gina Passarella at The Legal Intelligencer: An insurance company does not have to cover more than $800,000 in legal fees racked up by a client defending a patent infringement...
Estimating Damages of Patent Infringement
Posted on May 01, 2009IncreMental Advantage is hosting the above-titled seminar: Patent damages are outlined in the 35 USC § 284 statute and state that a patent holder is entitled to at least a reasonable royalty as damages. This code also defines the compensatory...
Online Resources to Evaluate Experts' Credentials and Prior Statements
Posted on April 30, 2009The above-titled article by Michael Brennan, David Dilenschneider, Myles Levin, and Jim Robinson appears in the 2009 Annual Review from the ABA Section of Litigation's Committee on Expert Witnesses. In a recent Vioxx lawsuit, the judge overturned a defense verdict...
Sun Microsystems Wins Patent Defense Verdict in Eastern District of Texas
Posted on April 29, 2009The following is excerpted from an article by Andrew Longstreth at The American Lawyer on April 29, 2009: For at least the second time this month, a defendant has won a patent infringement trial in federal district court in East...
Affordable Patent Litigation and the Burdon Plan
Posted on April 28, 2009The following is excerpted from an April 27, 2009 post at PatLit: The Burdon Plan, first launched on the IPKat weblog on 5 November last year, has been the subject of a good deal of discussion and further thought since...
In Case Your IPR is Infringed
Posted on April 27, 2009The Office of Intellectual Property Protection of Japan's Ministry of Economy, Trade and Industry wrote the above titled article about possible remedies in the case of patent infringement. In regard to civil remedies from the court for patent infringement, it...
Reexamination Certificate Issued on Goodenough Patent
Posted on April 24, 2009As a follow-up to my March 5, 2009 post, the Reexamination Certificate has issued on the '640 patent in the Hydro-Quebec v. Valence Technology case. Thanks to the reader who forwarded me the Certificate (Download '640 Reexamination Certificate Issued).
Invention Analysis and Claiming Seminar
Posted on April 23, 2009Based on Ronald Slusky's widely praised book, the Invention Analysis and Claiming Seminar teaches a comprehensive approach to analyzing inventions and capturing them in a sophisticated set of patent claims. Through this interactive seminar, participants will enhance their skills in...
Fish & Richardson Wins ITC Ruling in Phison Patent Case
Posted on April 22, 2009The following is excerpted from an April 22, 2009 Fish & Richardson press release at Marketwire: Fish & Richardson has won an International Trade Commission (ITC) ruling for Phison Electronics Corp., a large Taiwanese electronics company that manufactures flash memory...
Dealing With Mad Patent Disease
Posted on April 21, 2009Rick Merritt writes in the April 20, 2009 cover story of EE Times: The industry has a bad case of mad patent disease. The patent reform bill working its way through Congress could ease some symptoms, but it won't eradicate...
Trolls II - Realities & Myths in Patent Litigation Today
Posted on April 20, 2009In 2005, the Intellectual Property Owners Association (IPO) sponsored its wildly successful ?Patent Trolls and Patent Property Rights? conference, the first national conference to explore how patent litigation was being affected by ?trolls? and other ?non-practicing? patent owners...
Enforcing Intellectual Property at the U.S. International Trade Commission
Posted on April 17, 2009The American Bar Association is hosting the above-titled teleconference and live audio webcast program on May 5, 2009. The U.S. International Trade Commission is increasingly the forum of choice for litigation directed against importers and distributors of products that infringe...
Managing the Dragon
Posted on April 16, 2009I had the opportunity to hear Jack Perkowski of JFP Holdings speak earlier this week at a Pittsburgh Venture Capital Association luncheon. He shared some fascinating observations about the Chinese business environment, many of which are captured in his book...
Criterion Economics Opens Los Angeles Office
Posted on April 15, 2009Premier D.C.-Based Economics Firm Opens Los Angeles Office Expert economist Jesse David joins Criterion Economics as Senior Vice President to head California office Washington, D.C. ? (April 15, 2009) Criterion Economics opened a Los Angeles office today...
TECHNOLOGY TRANSFER TACTICS PARTNERS WITH PATENTS ONLINE TO HIGHLIGHT UNIVERSITY IP
Posted on April 15, 2009143 Universities in the USA Listed with One-Click Access to the Current Patent Portfolio of Each School BALTIMORE, MD and NAPLES, FL (April 15, 2009) ? Technology Transfer Tactics and Patents Online, LLC today announced a strategic alliance, whereby the...
Alcatel Shrugs Off Patent Fears
Posted on April 14, 2009The following is excerpted from an article by Lionel Laurent at Forbes: The threat of losing a patent dispute with Microsoft failed to dent Alcatel-Lucent's month-long rally Tuesday morning, as the stock extended gains in anticipation of its forthcoming quarterly...
Indemnification in IP Transactions: Critical Issues You Need To Know
Posted on April 13, 2009This National Constitution Center 60-minute audio conference is scheduled for Thursday, May 7, 2009: Intellectual Property Indemnification Nuts & Bolts ** Who is entitled to indemnification & what types of losses are covered ** What factors influence indemnification terms? **...
Mylan Settles Patent Dispute with Schering-Plough Over Clarinex
Posted on April 10, 2009From the April 9, 2009 issue of The Pittsburgh Tribune-Review: Mylan Inc. announced a patent litigation settlement with Schering-Plough concerning its generic version of the Clarinex allergy medication, a case pending in federal court for 2 1/2 years...
Modavox Pleased With New York District Court Markman Hearing Ruling
Posted on April 09, 2009The following is excerpted from a March 27, 2009 Modavox press release at PR Newswire: Modavox, Inc. (OTC Bulletin Board: MDVX), Internet broadcasting pioneer and holder of several patented technologies, today announced that a decision has been reached by Hon...
Federal Circuit's Patent Ruling Could Broadly Affect Biotech
Posted on April 08, 2009Donna Young, Washington Editor, writes on April 8, 2009 for BioWorld Today: A ruling last Friday by a three-judge panel from the U.S. Court of Appeals for the Federal Circuit, which affirmed the government's rejection of a patent application filed...
Spansion and Samsung Settle Patent Litigation Lawsuit
Posted on April 08, 2009The following is excerpted from an April 7, 2009 Spansion press release at PR Newswire: Spansion Inc. (Nasdaq: SPSN), the world's largest pure-play provider of Flash memory solutions, today announced that it has settled its patent litigation lawsuits with Samsung...
New Patent Information Site Launches - OTI
Posted on April 07, 2009Ocean Tomo has launched a new patent information site called OTI for global IP market data. The site's homepage can be customized with widgets functionality allowing you to tailor the service to suit your individual needs. Established jointly by Ocean...
Special Masters and E-Discovery: The Intersection of Two Recent Revisions to the Federal Rules of Civil Procedure
Posted on April 06, 2009The above-titled article by The Honorable Shira A. Scheindlin and Jonathan M. Redgrave appeared in the November 2008 issue of Yeshiva University's Cardozo Law Review. This article will address the fortuity of two recent revisions to the Federal Rules of...
Testimony of Comma Expert Considered in Connection with Claim Construction
Posted on April 03, 2009From Docket Navigator's Docket Report: The court denied Defendant's motion to strike the declaration of plaintiff's expert, an English Professor, on "the proper function of a comma." "[The expert] is qualified to testify as to the function of a comma...
European Patent Office Revokes University of Neuchatel Patent
Posted on April 02, 2009The following is excerpted from an Applied Materials March 31, 2009 press release: In an oral decision issued today, the European Patent Office (EPO) revoked European Patent No. EP 0 871 979 issued to the University of Neuchatel (the Neuchatel...
U.S. Court of Appeals Rejects ThirdWave/Hologic's Anti-Trust Claims Against QIAGEN
Posted on April 01, 2009The following is excerpted from an April 1, 2009 QIAGEN press release that appeared at GlobeNewswire: QIAGEN Gaithersburg Inc. (formerly Digene Corporation), a wholly-owned subsidiary of QIAGEN N.V. (Nasdaq:QGEN) (Frankfurt:QIA) today announced the U...
Best Practices: Developing a Legal Presence in the Virtual World
Posted on March 31, 2009I have been following the virtual world of Linden Lab's Second Life from the real world. I think it has some fascinating implications for our lives beyond the fun gamers derive from participating. Some have noted it as a valuable...
iPhone Targeted in Patent Infringement Suits
Posted on March 30, 2009The following is excerpted from a March 27, 2009 article by Jason Ankeny at Fierce Mobile Content: Apple's iPhone is the target of three new lawsuits that claim the computing giant infringed on patented technologies to develop the smartphone's camera,...
Significant Changes Coming to Senate Patent Reform Bill
Posted on March 27, 2009This is excerpted from Gene Quinn's March 26, 2009 post at IPWatchdog: The Senate Judiciary Committee did hold a meeting this morning discussing several appointments pending before the Committee and pending patent reform legislation. The meeting was quite brief, lasting...
Gibbs Delivers Automaker Patent Intelligence Report To Obama's Auto Task Force
Posted on March 26, 2009From a March 26, 2009 press release available at PRWeb: Today, President Obama's Task Force on Autos received the Automaker Patent Assets Intelligence Report (2009 APA-Intel Report) comparing the patent portfolio assets of General Motors, Ford, Chrysler, Toyota and Volkswagen...
HP Resolves Ink Cartridge Patent Infringement with Ninestar
Posted on March 25, 2009The following is excerpted from a March 24, 2009 HP press release: HP (NYSE:HPQ) today announced that it has resolved patent violation issues with China-based Ninestar Image Co., Ltd. relating to HP 02 and HP 14 inkjet cartridges. As part...
Guest Blog: Tafas v. Doll ? Round II: One Down, Three to Go
Posted on March 24, 2009By Charles R. Macedo and Marion P. Metelski* (March 23, 2009). Previously, we reported on the issuance of the controversial Final Patent Rules regarding Claims and Continuation Practice (?the Final Rules,? see Changes to Practice for Continued Examination Filings, Patent...
Breaking Federal Circuit Decision Authorizes New Hurdles for Patent Applicants
Posted on March 23, 2009Jay Sandvos of Bromberg & Sunstein LLP provides the following March 20, 2009 Intellectual Property Update: A panel of the United States Court of Appeals for the Federal Circuit today issued a major decision, Tafas v. Doll, which addresses whether...
Jon Leibowitz Named Chairman of the Federal Trade Commission
Posted on March 20, 2009From a March 3, 2009 FTC press release: President Barack Obama designated Jon Leibowitz as Chairman of the Federal Trade Commission by a White House Order dated March 2, 2009. Leibowitz became a Commissioner of the FTC on September 3,...
How Crowdsourcing Could Revolutionize Patent-Busting
Posted on March 19, 2009Simon Owens alerted me to a piece he wrote for PBS on Article One Partners on March 17, 2009. The following is an excerpt: Ricky James Robertson knew very little about touch-screen personal navigation devices when he first began reviewing...
M·CAM Comments on Recent Microsoft/TomTom Patent Litigation
Posted on March 18, 2009M·CAM provides an analysis of the patents held by both parties and potential prior art held by other assignees. The following is excerpted from M·CAM's March 11, 2009 press release: On February 25, 2009, Microsoft filed suit against TomTom, alleging....
Calculating Patent Damages
Posted on March 17, 2009Law Seminars International presents the above-titled workshop on legal and economic developments in the area on April 20, 2009 in San Francisco, CA. The following sessions are scheduled: Trends In Patent Litigation: Update on Cases Affecting Enforceability, the Value of...
Tool Against ?Trolls?
Posted on March 16, 2009The following is excerpted from an article by Richard Acello from the March 2009 print issue of the ABA Journal: Bothered by ?patent trolls,? those pesky creatures who wait for inventions to hit the market and then cry, ?I?ve got...
austriamicrosystems Files Patent Infringement Lawsuit Against Melexis
Posted on March 13, 2009The following is excerpted from a March 12, 2009 austriamicrosystems press release available at Business Wire: austriamicrosystems (SWX:AMS), a leading global designer and manufacturer of high performance analog ICs for communications, industrial, medical and automotive applications, today announced that it...
Software Patents After Bilski
Posted on March 12, 2009Managing IP, in association with Lexis Nexis, will host a free web seminar on April 2 at 11 am EST, examining the questions posed by the October 2008 US Federal Circuit decision in In re Bilski. The webcast participants will...
Bill To Ban ?Reverse Payment? Settlements Introduced
Posted on March 11, 2009David Fischer posted the following at his Antitrust Review blog: Yesterday [February 3, 2009], Senators Kohl and Grassley introduced a bill ?to prohibit brand-name drug manufacturers from using pay-off agreements to keep cheaper generic equivalents off the market...
Supreme Court Denies RJ Reynolds Petition for Review in Star Scientific Patent Infringement Lawsuit
Posted on March 10, 2009A reader notified me over the weekend, that briefs were filed and distributed on March 6, 2009 in RJ Reynolds' writ of certiorari with the U.S. Supreme Court in the Star Scientific v. RJ Reynolds case. The following is the...
Rambus Wins Patent Battle With Hynix
Posted on March 10, 2009The following is excerpted from a March 10, 2009 article by Melinda Peer at Forbes: Following a patent dispute that lasted nearly a decade, memory chip designer Rambus and chip maker Hynix Semiconductor settled on terms for a compulsory license...
Zhongwei Loses Bus Patent Infringement Case to Neoplan
Posted on March 09, 2009Bao Wanxian in today's (March 9, 2009) China Daily writes: Jiangsu-based Zhongwei Bus & Coach Group lost the first round of a patent infringement lawsuit filed by German bus maker Neoplan Bus GmbH. Zhongwei is accused of copying the entire...
Rudolph Announces Favorable Verdict in Patent Infringement Lawsuit
Posted on March 06, 2009The following is excerpted from a March 5, 2009 Rudolph Technologies press release: Rudolph Technologies, Inc. (NASDAQ: RTEC), a worldwide leader in process characterization solutions for the semiconductor manufacturing industry, today announced a favorable verdict in its patent infringement suit...
Auction-License-Litigate - Which Maximizes Value?
Posted on February 26, 2009A reader contacted me a few months ago seeking my opinion on Ocean Tomo's live auctions. I have not worked with Ocean Tomo, as my clients have always tried to seek licenses directly with companies and failing that litigating. I...
Pharmaceutical and Biotech Patent Law
Posted on February 25, 2009I recently received a flyer from PLI announcing the release of the above-titled book. After reviewing the PLI website and a link to an August 29, 2009 New York Law Journal book review by F. Scott Kieff, it appears the...
LG Electronics Seeks ITC Remedy Against Kodak
Posted on February 24, 2009The following appeared at Yahoo! Tech News on February 23, 2009: LG Electronics has asked a trade panel to investigate possible digital camera patent infringement by Eastman Kodak, the International Trade Commission announced. LG Electronics made the request on Friday...
Patent Docs' Weekly Court Report
Posted on February 23, 2009A new addition to my Blogroll, Patent Docs, offers a weekly Court Report that briefly summarizes recently filed biotech and pharma cases. In addition, the authors (four patent attorneys who hold doctorates in a diverse array of biotech and chemical...
Lincoln National Life Insurance Wins Variable Annuity Patent Infringement Case
Posted on February 20, 2009The following article appeared on February 19, 2009 at WGAN's Channel 2 News website: A Cedar Rapids-based insurance company has been ordered to pay about $13 million in a patent infringement case. A federal jury in Cedar Rapids returned the...
PatentBuddy Upgrades Inventor Edition with 3.5 Million Records
Posted on February 19, 2009On February 13, 2009, PatentBuddy made a major upgrade to the Inventor Edition with 3.5 million records. PatentBuddy for Inventors allows you to: Create your own capabilities profile. Search for inventors in your same area of expertise. Search directory of...
5th International Judges Conference on Intellectual Property Law
Posted on February 18, 2009The conference [to be held April 20-21, 2009 in Washington, DC] is modeled after conferences held in Washington,D.C. in 1989, 1995 and 1999?hosted by the U.S. Court of Appeals for the Federal Circuit?and more recently in 2005?organized by IPO Education...
And Now for Something Completely Different - Detecting Software Copyright Infringement
Posted on February 17, 2009I was contacted recently by Bob Zeidman, President of SAFE Corporation. They offer a product called CodeSuite®, which detects software copyright infringement. While this might seem a little off topic for a patent infringement blog, please hear me out...
IPWatchdog Presents The Top 25 Patent Blogs
Posted on February 16, 2009On February 11, 2009, Gene Quinn of IPWatchdog presented the top 25 (updated since to 26) patent blogs based on Technorati Rank. As Gene explains, "Technorati Rank is based upon Technorati Authority. Technorati Authority is the number of blogs linking...
NERA Releases Report on Intellectual Property Litigation and Damages Trends in China
Posted on February 13, 2009The following is excerpted from a February 13, 2009 NERA press release appearing at Business Wire: Though intellectual property rights (IPR) infringement damage awards continue to be small in China, the number of IPR awards appear to be increasing and...
Power Integrations, BCD Settle Patent Suit
Posted on February 12, 2009Dylan McGrath writing today, February 12, 2009, for EE Times states: China's BCD Semiconductor Manufacturing Ltd. has agreed not to sell some parts in the U.S. market under the terms of a settlement of patent infringement litigation brought by U.S....
FreePatentsOnline.com Logs its One Millionth Registered User
Posted on February 11, 2009The following is excerpted from a February 10, 2009 press release from FreePatentsOnline.com: Patents Online, LLC, the company behind www.freepatentsonline.com, announced today its one millionth registered user. FreePatentsOnline (FPO) has patent data from the USA, Europe, WIPO and Japan, and...
Cubist Sues Teva Over Generic Drug
Posted on February 10, 2009The following is excerpted from a February 10, 2009 article from Mass High Tech: Cubist Pharmaceuticals Inc. has announced plans to file a patent infringement lawsuit against Teva Parenteral Medicines Inc., after receiving notice that Teva plans to issue a...
Prior Art Found Relevant to a Patent Litigation Against Garmin
Posted on February 09, 2009The following is excerpted from a February 9, 2009 Article One Partners' press release at PR Newswire: Article One Partners, LLC, a global community working to legitimize the validity of patents, today announced seven new patent studies, as well as...
Special Master Declares Reverse Payment Legal
Posted on February 06, 2009Diane Bartz reporting for Reuters on February 4, 2009 writes: Schering-Plough Corp (SGP.N) and Upsher-Smith Laboratories won a battle in a class action fight over K-Dur 20 on Wednesday when a special master recommended that a class action lawsuit against...
German Court Affirms Validity of MMP Portfolio Patent
Posted on February 05, 2009A reader alerted me to the following February 3, 2009 item from Business Wire: Today Alliacense announced that the German Federal Patent Court (Bundespatentgericht, BPatG) in Munich affirmed the validity of DE 6,903,356 8T2, the German counterpart to EP 0,786,730...
Court Stays Rambus Case Against DRAM Vendors
Posted on February 04, 2009Dylan McGrath writing for EE Times on February 3, 2009: The U.S. District Court for the Northern District of California has stayed coordinated patent infringement cases by Rambus Inc. against memory supplier Hynix Semicondctor, Micron Technology Inc., Nanya Technology Corp...
Peer-to-Patent and Article One Drag the Reclusive Patent Onto the Thoroughfare
Posted on February 03, 2009Mike Shultz of Message Infusion and PR point person for Article One Partners alerted me to a January 30, 2009 post by Andy Oram of O'Reilly Media. An interesting post, with lots of links, comparing and contrasting Peer-to-Patent and Article...
LORD OF THE RINGS
Posted on February 02, 2009Photo - Matt Freed/Post-GazetteCaption: Pittsburgh Post-Gazette
Intellectual Property Will Become America's Main Source of Competitive Advantage in a 21st Century Global Economy
Posted on January 30, 2009From BusinessWire on January 26, 2009: Mark Blaxill and Ralph Eckardt, two experts on innovation and intellectual property strategy (IP), take that argument one step further: In a competitive global economy, IP rights are one of a company?s ? indeed,...
Daubert Motions: Keys To Offering & Defending Expert Opinions
Posted on January 29, 2009National Constitution Center is hosting the above titled audio conference on February 18, 2009. The speaker for the program is Clifton Hutchinson, a partner in the Dallas office of at K&L Gates, where he specializes in complex litigation and scientific...
European Commission Attacks Practices That Prevent Competition From Generic Drugs
Posted on January 28, 2009A December 1, 2008 article that appears at mediLexicon states, in part: The European Commission's 426 page Interim Report on the Pharmaceutical Sector (the "Report") , which was released on 24 November, makes no specific allegations of anticompetitive behaviour against...
Litigating Willful Infringement in the Post-Seagate World
Posted on January 27, 2009Landslide? is the ABA Intellectual Property Section's new magazine forum for discussion of intellectual property issues. It offers analysis, news, and commentary about the law of patents, trademarks, copyright, trade secrets, and related subjects. It also keeps readers current on...
Epson Joins RPX Defensive Patent Aggregation Service
Posted on January 26, 2009The following RPX press release will issue on Wednesday, January 28, 2009: Epson Joins RPX Defensive Patent Aggregation Service Digital Imaging Giant First RPX Member from Japan TOKYO ? January 28, 2008 - RPX Corporation, a defensive patent aggregator, today...
24th Annual Intellectual Property Law Conference - April 1-4, 2009
Posted on January 23, 2009This conference, held in Arlington, Virginia, "is recognized for its national and international scope and preeminent programming. It attracts IP practitioners from across the nation and around the world." "The past year has seen critical developments in IP law...
Renhcol Settles Patent Infringement Lawsuit with Pregame
Posted on January 22, 2009The following is excerpted from a January 22, 2009 General Patent Corporation press release that appears at Business Wire: General Patent Corporation (GPC), a leading patent licensing and patent enforcement firm, announced today on behalf of its client, Renhcol, Inc...
Actavis UK Ltd v Novartis AG
Posted on January 21, 2009Barrister Jane Lambert writes in her 500th post at her NIPC blog: This was a claim by Actavis for the revocation of a Novartis's European patent for a preparation which released fluvastatin (a cholesterol inhibiting drug) gradually rather than in...
U.S. Court of Appeals Affirms ITC Bar on Imports of Infringing Ink Cartridges
Posted on January 20, 2009From today's, January 20, 2009, WebWire: On January 13, the U.S. Court of Appeals for the Federal Circuit in Washington D.C. affirmed the Final Determination and General Exclusion Order of the U.S. International Trade Commission ("ITC"). A General Exclusion Order...
MedImmune and the Expanded Scope of Declaratory-Judgment Jurisdiction
Posted on January 19, 2009Greg Wesner and Mike Keyes of K&L Gates LLP wrote the above-titled article in the Winter 2009 issue of the ABA's Intellectual Property Litigation newsletter. In their discussion they state that prior to the MedImmune v. Genentech decision the owner...
Intel, Microsoft, HP Sued for Alleged Patent Infringement
Posted on January 16, 2009The following is excerpted from an item by Agam Shah with IDG News Service that appeared today, January 16, 2009, at Computerworld: Xpoint sued IT giants including Intel, Dell, Hewlett-Packard and Microsoft for allegedly infringing on its data recovery patents...
Annual Review of Intellectual Property Law Developments: 2006-2008
Posted on January 15, 2009This new, annual publication from the ABA Section of Intellectual Property Law includes thoughtful and balanced treatment of the key legal developments in the courts, agencies, and legislatures' keeping you current in every area of IP law. The January 2009...
Brooks Consulting LLC Launches New Website
Posted on January 14, 2009Today, January 14, 2009, Brooks Consulting LLC launched a new website. We provide litigation and strategy consulting to small businesses, international conglomerates and law firms of every size. Not just consultants ? we have run businesses. Our goal is to...
Patent Strategies for Foreign R&D Work in China
Posted on January 13, 2009On December 27, 2009, the Standing Committee of the National People's Congress passed the amendments to the Patent Act. Tian Junfeng, an attorney with Unitalen Attorneys at Law, analyzed China's Patent Law and Foreign Trade Law and shares some insights...
Pre-litigation Strategies: Patent Reexamination
Posted on January 12, 2009The following excerpt is from an article by Robert E. Krebs and Hal J. Bohner that originally published in the Spring 2004 edition (Vol. 4, No. 1) of Thelen Reid's Intellectual Property and Trade Regulation Journal: The costs of patent...
Worlds.com Sues NCSoft for Infringing Key Virtual Worlds Patent
Posted on January 09, 2009The following is excerpted from a General Patent Corporation press release that appeared today, January 9, 2009 at PR-inside: General Patent Corporation (GPC), a leading patent licensing and enforcement firm, announced today that it filed a patent infringement lawsuit against...
IP Holder Injects Itself Into Patent Lawsuit
Posted on January 08, 2009Zusha Elinson writing on January 6, 2009 for The Recorder states: There are usually two options in patent litigation: fight or settle. But San Francisco's RPX Corp. has thrown a wild card into a case between patent-holding company Acacia Research...
ITC Extends Initial Determination in Tessera DRAM ITC Action
Posted on January 07, 2009The following is excerpted from a January 6, 2009 Tessera Technologies press release available at Business Wire: Tessera Technologies, Inc. (NASDAQ: TSRA) announced that the Administrative Law Judge (ALJ) in the U.S. International Trade Commission (ITC) action brought by Tessera...
LED Shareholder Derivative Suit Has an IP Twist
Posted on January 06, 2009Eric Lane of the Green Patent Blog writes on January 4, 2009: This is something I haven?t seen before: a shareholder derivative action for patent infringement. BaoLiang Wang (Plaintiff Wang) is a 22% shareholder of a small California LED sign...
Supreme Court of Canada Redefines Law on Anticipation and Obviousness
Posted on January 05, 2009Santosh Chari, a patent agent with Blakes, writes on November 20, 2008 at the firm's website: On November 6, 2008, the Supreme Court released its decision in Apotex Inc. v. Sanofi-Synthelabo Canada Inc. The primary issue before the court was...
Bayer's Little Lost Drug Patent
Posted on December 31, 2008Brian Orelli writes today, December 31, 2008, at The Motley Fool: I wonder whether someone at Bayer just found an old box of patent documents tucked in the corner of an office that hasn't been used in years. The drugmaker...
Willful Infringement after Seagate
Posted on December 30, 2008Sanford E. Warren Jr. and William Kennedy Jr. of Akin Gump Strauss Hauer & Feld LLP write that "[p]atent suits are particularly frightening for defendant companies because patent suits have the potential for astronomical damages." The following is excerpted from...
Frontier Communications Settles Patent Litigation
Posted on December 29, 2008An Associated Press article appearing today at Forbes describes the license deal that Frontier Communications Corp. has agreed to enter into with Ronald A. Katz Technology Licensing LP related to its interactive voice patents. Read the full article here.
Obviousness in View of KSR According to USPTO
Posted on December 26, 2008Jean Witz, Training Quality Assurance Specialist with USPTO Technology Center 1600 (biotechnology, chemistry, pharmaceuticals), presents the above-named discussion of obviousness as it relates to life sciences patents. She writes: The Basic Approach to Determining Obviousness Remains the Same An examiner...
Patent Infringement Advice for University Researchers
Posted on December 24, 2008Robert S. MacWright, Ph.D., Esq., University of Virginia (UVA) Patent Foundation Executive Director; John Breen, Ph.D., Esq., UVA Patent Foundation Senior Patent Counsel; and Rick Kast, Esq., UVA Associate General Counsel and Special Assistant Attorney General offer a presentation titled,...
China Mulls National Security Scrutiny for Patent Applications
Posted on December 23, 2008The following is excerpted from a December 22, 2008 article appearing at China View: Chinese inventors who wish to apply patents for their innovations in foreign countries must first go through government scrutinies to find out if such innovations should...
Federal Circuit Creates New Test for Business Method Patents
Posted on December 22, 2008The above titled article by Matthew A. Goldberg appeared in the December Litigation News, a publication of the American Bar Association. He writes, in part: After considerable anticipation by the patent bar, the U.S. Court of Appeals for the Federal....
Intellectual Asset Management Strategies
Posted on December 19, 2008The Center for Business Intelligence is hosting Intellectual Asset Management Strategies in Baltimore, MD on January 20 - 21, 2009. The conference will focus on Legal, Intellectual Property, Regulatory, Patents, Portfolio, Licensing and Lifecycle issues facing the pharmaceutical and biotechnology...
Apple Sued Over Apple TV
Posted on December 18, 2008Thomas Claburn reporting today, December 18, 2008, for InformationWeek writes: Apple TV may still be struggling to find a place in the living room, but it will play an important role in an Illinois courtroom in the months ahead. In...
MinSurg, ODC, NuFix and Nutech Announce Settlement of Pending Litigation
Posted on December 17, 2008The following is excerpted from a press release available at PR Newswire issued today, December 17, 2008, by Orthopedic Development Corporation: minSURG Corporation, along with its parent company, Orthopedic Development Corporation (ODC), and NuFix, Inc...
Evaluating the Risk of Patent Infringement by Means of Semantic Patent Analysis: The Case of DNA Chips
Posted on December 16, 2008The above titled article by Isumo Bergmann, Daniel Butzke, Lothar Walter, Jens P. Fuerste, Martin G. Moehrle, and Volker Erdmann appeared in the November 2008 issue of R&D Management (Vol. 38, Issue 5, pp. 550-562). The abstract reads: In this...
Intellectual Property Insurance Coverage Essentials
Posted on December 15, 2008National Constitution Center is hosting the above titled audio conference on January 8, 2009. Effective Intellectual Property Insurance coverage protects businesses from the myriad of copyright, trademark & patent infringement claims that can occur, but not all policies provide adequate...
Judge Issues Rule 11 Sanctions on Camera Infringement Claim
Posted on December 12, 2008Walter Olson wrote on December 9, 2008 at his Overlawyered blog: ?Frequent patent defendants say they?re hit by frivolous lawsuits all the time. But it?s very rare for a judge to find a patent lawsuit to be frivolous enough to...
In Re: Rosuvastatin Calcium Patent Litigation
Posted on December 11, 2008On November 24, 2008, Magistrate considers several dismissal motions and recommends that they be granted in part and denied in part In Re: Rosuvastatin Calcium Patent Litigation. The following is a December 3, 2008 post by MorrisJames Delaware at the...
17th Annual Intellectual Property Law and Policy Conference
Posted on December 10, 2008Fordham Law Intellectual Property Law Institute is presenting the 17th Annual Intellectual Property Law and Policy Conference for the first time outside the U.S. in Cambridge, UK. The conference will be held on April 15 & 16, 2009. The conference...
Valence Technology Prevails in Decision by European Patent Office to Revoke University of Texas Patent
Posted on December 09, 2008The following is excerpted from a Valence press release issued today, December 9, 2008, at Business Wire: Valence Technology, Inc. (NASDAQ: VLNC), an international developer of safe lithium phosphate energy storage solutions, prevailed in today?s decision by the Opposition Board...
Facebook For Patent Trolls
Posted on December 08, 2008As a follow-up to my previous post on Article One Partners, take a look at what Asher Hawkins writes for Forbes: For each Internet social network effort that thrives, there are dozens that fail to generate any interest from the...
Oral Arguments Completed in PTO v. GSK, Tafas
Posted on December 05, 2008Gene Quinn of IPWatchdog "attended the oral arguments this morning at the United States Court of Appeals for the Federal Circuit regarding the matter of the United States Patent & Trademark Office v. Tafas, the appeal of the claims and...
European Patent Case Law
Posted on December 05, 2008Check out the European Patent Case Law blog that covers news of patent law in France and Europe and case law of the EPO. The site is in French, but links to German and English translations are available. The following...
OPTi v. Apple Claim Construction Order
Posted on December 04, 2008Counsel for the plaintiff in the OPTi Inc. v. Apple, Inc. case mentioned in my Tuesday post filed the following yesterday, December 3, 2008: Per this Court?s November 26, 2008 oral decision after hearing argument on all claim construction issues,...
Samsung Among Top Patent Holders in Solar
Posted on December 03, 2008Rick Merritt writing today, December 3, 2008, for EE Times discusses a recently issued report: Canon, TSMC and Samsung are among the largest patent holders in solar photovoltaic panels, although they have no products in the field today. By contrast,....
Opti Inc. v. Apple Computer Markman Hearing
Posted on December 02, 2008A reader wrote to me inquiring on where they might locate information on the November 26, 2008 Markman hearing in the Eastern District of Texas between Opti Inc. and Apple Computer Inc. In the process of pointing him to Michael...
Patent Buddy to Research Patent Attorneys and Agents
Posted on December 01, 2008Joseph G. Scott, President of Patent Buddy, alerted me to his site as a "great place to research USPTO-registered attorneys, agents & their organizations." As of today, this covers a universe of 39,259 attorneys/agents and 13,081 organizations. Patent Buddy offers...
M·CAM, Inc. Launches Patently Obvious® IP Assertion Defense Service
Posted on November 26, 2008Charlottesville, Virginia ? November 17, 2008??Today, M·CAM, Inc. announced the Patently Obvious® assertion defense service, a rapid and cost-effective solution empowering companies to defend against patent assertions. The price range of Patently Obvious® is about 1-2% of the average IP...
IP Merchant Bank or Litigation?
Posted on November 25, 2008A reader inquired today on my opinion about Ocean Tomo. Having not worked with the company before, I could offer no opinion, but it caused me to think that measuring success might prove difficult. Ocean Tomo provides results of successful...
Patent Application Backlog Exceeds 1.2 Million
Posted on November 24, 2008Gene Quinn writing a post titled, "How to Fix the USPTO" on November 21, 2008 at his IPWatchdog blog states: The United States Patent & Trademark Office has just released the 2008 Performance and Accountability Report, which is the annual...
Live at the ITC - First Annual Forum on Section 337
Posted on November 21, 2008The ABA Section of International Law's International Trade Committee, International Intellectual Property Committee and the ABA Section of Intellectual Property's ITC Committee in cooperation with The ITC Trial Lawyers Association present: LIVE AT THE ITC: FIRST ANNUAL FORUM ON SECTION...
Are Appeals from Reexamination Unlikely to Succeed?
Posted on November 20, 2008A reader contacted me yesterday regarding my January 8, 2008 post titled, "Patent Reexamination Statistics." He writes: I am currently looking at an interesting question about reexams that I don't think is dealt with in these stats or in others...
More on In re Ciprofloxacin Hydrochloride Antitrust Litigation
Posted on November 19, 2008Kevin McDonald and Larry Rosenberg of Jones Day writing at the Drug and Device Law blog provide their perspective on the above Federal Circuit case decided on October 15, 2008. The following is excerpted from their guest post: On October...
Kodak Takes Action Against Samsung and LG For Patent Infringement
Posted on November 18, 2008The following is excerpted from a November 17, 2008 Kodak Business Wire press release that appeared at Yahoo! Canada Finance: Eastman Kodak Company (NYSE: EK) announced today that it has filed complaints against Samsung Electronics, LG Electronics and other related...
Article One Partners Launches New Global Online Community to Energize Patent Reform
Posted on November 17, 2008The following is excerpted from a press release issued today, November 17, 2008, by Article One Partners: Today, Article One Partners, LLC launched as a new global community to legitimize the validity of patents. Community members ? who Article One...
Legal Ruling on Design Patents Favors Consumer Goods Companies
Posted on November 14, 2008The following is excerpted from an October 28, 2008 Brinks Hofer Gilson & Lione press release appearing at PR Newswire: According to Kelly Burris, an attorney with Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms...
WizPatent Launches WizFolio Web 2.0
Posted on November 13, 2008WizFolio Web 2.0 was just released. This tool was developed by WizPatent, a privately held Singapore company, founded by two serial entrepreneurs. Prof Casey Chan was a co-founder and former CEO of an eLearning company (WizLearn) and Wade Fallin is...
Intellectual Property Rights and Free Enterprise
Posted on November 12, 2008The Fall 2008 edition of Washington Legal Foundation's CONVERSATIONS WITH examines the ongoing evolution of intellectual property rights in America's free enterprise system. Former Attorney General of the United States and Pennsylvania Governor Dick Thornburgh leads an informative discussion with...
Motiva v. Nintendo
Posted on November 11, 2008Ross Dannenberg writes today, November 11, 2008, at Patent Arcade: Well, it looks like Nintendo has been sued for patent infringement again. This time by Motiva LLC, for infringement of U.S. Pat. No. 7,292,151, which is directed to a "Human...
In re Bilski Podcast
Posted on November 10, 2008Professor Robert Merges from the Boalt School of Law at the University of California at Berkeley, Professor John Duffy from George Washington University, and Doug Lichtman, Professor of Law from UCLA sat down this weekend and recorded a one-hour audio...
Update on Proposed Amendments to Rule 26 of the Federal Rules of Civil Procedure
Posted on November 07, 2008The Judicial Conference has proposed significant amendments to Federal Rule of Civil Procedure 26. Among other things, the proposed amendments would: Create a obligation to disclose a summary of the facts and opinions of experts who are not required to...
In re Bilski and Business Method Patents
Posted on November 06, 2008Strafford Publications is hosting a live 90-minute CLE teleconference with interactive Q&A on December 4, 2008. The Federal Circuit's Oct. 30 ruling in In re Bilski that pure business methods cannot be patented effectively overrules the standard the court had...
Setrue Semantic Patent Search System
Posted on November 05, 2008Jacob Zoarets, founder and CTO of Transformer Software Ltd, wrote to me today to describe his Israel-based start-up company. He founded the Company eight years ago. Transformer is a technology oriented company that focuses its efforts on building a semantic...
China's Judiciary Improves IPR Protection
Posted on November 04, 2008The following item appeared in today's, November 14, 2008, issue of China Daily: A vice president of the Supreme People's Court told reporters in Beijing on Monday that the abilities of Chinese courts to protect intellectual property rights (IPR) have...
GUEST BLOG: BILSKI: THE COURT ANNOUNCES MACHINE OR TRANSFORMATION TEST AS "GOVERNING" TEST
Posted on October 31, 2008By Charles R. Macedo and David Boag* The U.S. Court of Appeals for the Federal Circuit yesterday issued its much awaited decision in In re Bilski, No. 2007-1130 (Fed. Cir. Oct. 30, 2008) (en banc). The majority opinion, authored by...
Sanctions in Positive Technologies v. LG Display, et al.
Posted on October 31, 2008A reader brought the sanctions ruling in the "Positive Technologies, Inc. v. LG Display Co., Ltd., and Toshiba America Consumer Products, L.L.C." (Eastern District of Texas, Marshall Division, U.S. District Court, Civil No. 2:07 CV 67) case to my attention...
In re Bilski Decision Promises Continued Uncertainty
Posted on October 31, 2008More on the In re Bilski decision may be found at Jim Singer's IP Spotlight: The most interesting part of the Court?s decision may be its express disavowal of being the final word on the patentability of business method and...
Paragraph IV Patent Challenges
Posted on October 30, 2008Thomson Scientific's October-December 2007 issue of Pharma Matters looks at a few of the companies beginning to make their mark on the US generics market either with their finished dose product or active ingredients, and analyze trends and statistics relating...
In U.S., Expert Witnesses Are Partisan
Posted on October 29, 2008I received an email yesterday from the Expert Witnesses Committee of the American Bar Association that mentioned an August 11, 2008 article published in the New York Times by Adam Liptak titled, "In U.S., Expert Witnesses Are Partisan." The article...
Royal Philips Electronics Marks 17th MMP Technology Licensee in 2008
Posted on October 28, 2008The following is excerpted from an item that appeared at Design & Reuse on October 21, 2008: Patriot Scientific Corporation today announced that Royal Philips Electronics has purchased a Moore Microprocessor Patent? (MMP) Portfolio license from the TPL Group to...
Antitrust Laws Did Not Prevent Reverse Payments to Generic Manufacturers
Posted on October 27, 2008Michael F. Kelleher of Folger Levin & Kahn LLP, writing for the IP Law Observer blog on October 15, 2008 about the In Re Ciprofloxacin Hydrochloride Antitrust Litigation (Fed. Cir. No. 2008-1097) case, states: The One Sentence Summary: Payments by...
Novartis Sues Mylan Over Generic Version of Lescol
Posted on October 23, 2008The following appeared yesterday, October 22, 2008, at Business Week: Mylan Inc. said Wednesday it has been accused of patent infringement by Novartis AG over Mylan's generic version of the Swiss company's Lescol capsules for treating high cholesterol...
Surgery Tool Maker Sues Rival Over Drill Guide Patent
Posted on October 22, 2008The following is excerpted from an October 21, 2008 article written by Julie Zeveloff and that appeared at PRNewswire: Clearwater-based Orthopedic Development Corporation (ODC), the maker of the TruFUSE(R) spinal surgery system, has accused a rival of infringing both the...
Use of a Special Master for Patent Claim Construction
Posted on October 21, 2008Don W. Martens of Knobbe, Martens, Olson & Bear, LLP cites Judge John Shepard Wiley, Jr. from "Taming Patent: Six Steps for Surviving Scary Patent Cases": When a patent infringement case is of monstrous scale, able parties gear up to...
How Reasonable Is Your Royalty?
Posted on October 20, 2008The above titled article by Glenn S. Newman, Richard J. Gering and Jeffrey N. Press appeared in the September 2008 issue of the Journal of Accountancy. The following is excerpted from this article: In recent years, focus has shifted to...
Brinks Hofer Gilson & Lione Scores Total Victory for its Clients
Posted on October 17, 2008The following is excerpted from an October 17, 2008 PRNewswire item that appeared at automotive.com: Brinks Hofer Gilson Lione, one of the largest intellectual property law firms in the United States, today announced a final judgment entered on a...
KSR's Unintended Consequences: More Inequitable Conduct Claims in Patent Litigation?
Posted on October 16, 2008Pittsburgh-based patent attorney, Robert Yeagerof the law firm K&L Gates LLP, recently published the above titled article in a Washington Legal Foundation ?Legal Backgrounder.? Mr. Yeager discusses how the U.S. Supreme Court?s KSR decision, and the PTO?s implementation of it,...
CLIPARAMA.com Launches the World's Biggest Video Only Search Engine
Posted on October 15, 2008I was contacted this week by Norman Scherer, the owner of Cliparama.com, about its new, free video search engine covering over 1000 online video sites. This visual reference resource is now in beta. Search for any artist, film, tv show,...
SumoBrain Now Free
Posted on October 14, 2008The following is from an October 13, 2008 FreePatentsOnline press release: SumoBrain, launched summer of 2008, offers an alternative to patent search pay services. As a complement to the hugely popular FreePatentsOnline, SumoBrain provides higher account limits and bulk PDF...
Information Research via a ?Discovery Engine?
Posted on October 13, 2008Mark Johns, President of Littlearth, Inc. wrote to me last week about his company that has "recently developed a technology for finding related/similar documents in large document collections, e.g. patents, wikis, law cases." The following is excerpted from an article...
Tessera Provides Update on ITC Actions and Recent PTO Office Action
Posted on October 10, 2008The following is excerpted from an October 10, 2008 Tessera press release that appeared at Business Wire: Tessera Technologies, Inc. (NASDAQ:TSRA), a leading provider of miniaturization technologies for the electronics industry, today provided a status update on certain legal actions...
Protect Your Patent Rights in China
Posted on October 09, 2008Authors of the March 2007 report entitled, "China?s Guidebook for Pharmaceutical Patent Protection," Wu Yifeng and Labwu Zengxian of Access China, provide information on the legislative climate in China and discuss various aspects of patent rights protection in the country...
Willfulness Post Seagate
Posted on October 08, 2008A reader wrote to me asking if I had seen any more recent empirical statistics on willfulness post In re Seagate that updated Judge Kimberly A. Moore's study (see my earlier post). Brian Wm. Higgins wrote the following in a...
Texas Jury Rules Against Candela in Its Patent Infringement Lawsuit
Posted on October 07, 2008The following is excerpted from an October 7, 2008 Candela press release appearing at BusinessWire: Candela Corporation (NASDAQ: CLZR) today announced the jury in the U.S. District Court for the Eastern District of Texas ? Lufkin Division ruled in favor...
CSIR Looks to Profit from Patents Stock
Posted on October 06, 2008The following is excerpted from a livemint.com article by Jacob P. Koshy and K.P. Narayana Kumar: In a significant policy change and an ambitious attempt to monetize its inventory of patents, the Council of Scientific and Industrial Research, or CSIR,...
Indian Patent Search in Indian Patent Office Database
Posted on October 03, 2008Senthil Kumar writes today, October 3, 2008, at his India Patent blog In Indian Patent Office, online patent search facility for both published patent applications and granted patents are available. For granted patents, you will have to click Public search...
Watson Notified of OXYTROL(R) Patent Challenge
Posted on October 02, 2008The following item is excerpted from an October 1, 2008 press release that appeared at the Sun Herald: Watson Pharmaceuticals, Inc. (NYSE: WPI), a leading specialty pharmaceutical company, today confirmed the receipt of a Paragraph IV Certification Notice Letter relating...
Boston Sci To Pay J&J Over $700 Million In Patent Case
Posted on October 01, 2008Val Brickates Kennedy writing for Fox Business today, October 1, 2008, stated: A U.S. District Court in Delaware has ruled against Boston Scientific Corp. and awarded Johnson & Johnson $407 million in damages and $296 million in pre-judgment interest in...
Don?t Need Quality Patent Information? Think Again?
Posted on September 30, 2008The following is excerpted from a September 29, 2008 GenericsWeb press release: A recent case heard in the Federal Court of Australia illustrates the need for comprehensive, accurate and regularly updated patent information to ensure that the planned launch of...
Russian IP Laws and Commercialization
Posted on September 29, 2008The American Bar Association (ABA) Section of International Law and the ABA Center for Continuing Legal Education are sponsoring the above titled teleconference on October 1, 2008. Intellectual property rights and technology transfers are a part of many business investments...
GSK v. Dudas Appellee Brief
Posted on September 26, 2008The following is excerpted from the September 24, 2008 appellee brief in the Tafas and GSK v. Dudas case: This case concerns rules that the United States Patent and Trademark Office (?PTO?) issued in August 2007. See ?Changes To Practice...
Ruling in Qualcomm-Broadcom Fight Brings Back Opinion Letters for Patent Cases
Posted on September 25, 2008Zusha Elinson writes on September 25, 2008 for The Recorder at Law.com: Opinion letters are back in vogue for patent cases, after a Wednesday ruling from the U.S. Court of Appeals for the Federal Circuit. Opinion letters from outside counsel...
Section 337 Actions Before the ITC: Latest Forum of Choice for Efficient Resolution
Posted on September 24, 2008Strafford Publications is hosting a live 90-minute teleconference on October 23, 2008 about pursuing and defending IP litigation before the International Trade Commission. Description The International Trade Commission (ITC) is becoming a preferred forum for litigating intellectual property disputes because...
Confessions of a Non-Recovering Patent Troll Enabler
Posted on September 23, 2008As a follow-up to my August 15, 2008 post titled, "Venali Wins Summary Judgment Motion Against Catch Curve Over Alleged AudioFax Patent Infringement," Jackie Hutter of the IP Asset Maximizer Blog writes: I came across this TechDirt article: Exposing The...
GEOSPAN's Patent Infringement Lawsuit Against Pictometry Remains Ongoing
Posted on September 22, 2008The following is excerpted from a GEOSPAN press release issued today, September 22, 2008, at Prudent Press Agency: GEOSPAN Corporation announced today that its patent infringement lawsuit against Pictometry International Corporation of Rochester, NY remains ongoing and is on track...
Active e.Digital Discussion at AGORACOM
Posted on September 19, 2008A member going by the name, "sunpoop," provided a post on September 17, 2008 at AGORACOM discussing his take on a recent e.Digital shareholder meeting. Much of the discussion, as well as other messages at this forum, focused on the...
TV Giants are Flatliners in Stereo 3-D Patents
Posted on September 18, 2008Rick Merritt writes in today's, September 18, 2008, EE Times: The world's top television makers appear to hold no significant patents in stereoscopic 3-D despite the fact that some of the largest Hollywood studios want to drive the concept of...
Ohio Experiments With Business-Only Courts
Posted on September 17, 2008The following is excerpted from a September 17, 2008 editorial of The InterMountain: Beginning next year, two judges in each of five very populous counties in Ohio will become specialists in business cases. Their courts will exist as business-only venues...
Launching the Indian Generic Pharmaceutical Patent Academy
Posted on September 16, 2008GenericsWeb is thrilled to announce that the Generic Pharmaceutical Patent Academy is travelling to India for two events: - 6th of October '08 at the Taj Krishna, Hyderabad- 8th of October '08 at the Leela Kempinski, Mumbai The Indian Patent...
Detecting Patent Infringement
Posted on September 15, 2008Peter A. Elyjiw of the Toronto office of Smart & Biggar wrote the above titled article on January 16, 2008. The following is an excerpt from this article: Most people are aware that there is no such thing as a...
Patent Infringement Goes Hollywood
Posted on September 12, 2008Based on the true story of college professor and part-time inventor Robert Kearns?s (Greg Kinnear) long battle with the U.S. automobile industry, Flash of Genius tells the tale of one man whose fight to receive recognition for his ingenuity would...
Whirlpool and LG Agree to Partial Resolution of Patent Infringement Action
Posted on September 11, 2008The following is excerpted from a Whirlpool press release issued today, September 11, 2008, at PR Newswire: Whirlpool Corporation (NYSE: WHR) and LG Electronics agreed to a partial resolution of the patent infringement action that Whirlpool brought against LG in...
2007 IP Milestones and Landmark Cases
Posted on September 10, 2008The 40-minute video seminar from ReedLogic titled, "2007 IP Milestones and Landmark Cases" is led by Frederick Frei of Andrews Kurth LLP and can be downloaded to your computer or iPod, and is sent to you on DVD. This seminar...
Amendment of China Patent Law Quickened
Posted on September 09, 2008Tuo Yannan reported in yesterday's (September 8, 2008) China Daily: The formal adoption of the National Intellectual Property Strategy has quickened the amendment of the Chinese Patent Law that seeks to enhance IPR protection and to revamp the application process...
Patent Protection Strategies: Maximizing Product Revenues
Posted on September 08, 2008I just received notice of the above titled book from industrymatter. I thought the content was interesting, although it was actually published over a year ago. In a market environment where competition from generics companies is becoming increasingly aggressive, and...
Docstoc Launches MyDocs and Sync
Posted on September 05, 2008On September 4, 2008, Docstoc announced its launch of Docstoc MyDocs and Docstoc Sync. Docstoc MyDocs is the best way to store, preview and manage your documents online. With Docstoc MyDocs, you can store ALL your documents privately or publicly...
Monsanto and Pilot Grove Coop Reach Settlement
Posted on September 04, 2008The following is excerpted from a September 2, 2008 Monsanto press release: Monsanto Company (NYSE: MON) and Pilot Grove Cooperative Elevator, Inc. announced the settlement of a two-year dispute involving patent infringement. Pilot Grove acknowledged violating Monsanto's patented Roundup Ready...
Patents, Search of Prior Art and Revelation of Information
Posted on September 03, 2008The article, of the above title, submitted for publication in December 2007 by Corinne Langinier and Philippe Marcoul states: This paper examines the strategic non-revelation of information by innovators when applying for patents. In a model of a bilateral search...
IPO Annual Meeting
Posted on September 02, 2008The Intellectual Property Owners Association is having its 2008 annual meeting in San Diego, California at the Hotel del Coronado on September 21 - 23, 2008. The following is a partial list of session titles for the patent side of...
Antitrust Risks in Patent Pools and SSOs
Posted on August 29, 2008Strafford Publications is hosting a live 90-minute telephone conference on avoiding price fixing and exclusionary conduct. The conference is scheduled for September 23, 2008 from 1:00 to 2:30 p.m Eastern. Patent owners work together to facilitate interoperability of products through...
Qualcomm Found in Contempt over Patent Infringement
Posted on August 28, 2008The following was reported today, August 28, 2008, by William McQuillen and Susan Decker at Bloomberg: Qualcomm Inc., the world's biggest maker of chips for mobile phones, was found in contempt of an order designed to prevent the company from...
SUMOBRAIN PATENT SEARCH SERVICE GOES LIVE
Posted on August 27, 2008The following is an August 25, 2008 press release from Sumobrain: BALTIMORE, MARYLAND, USA ? (August 25, 2008) FreePatentsOnline.com (FPO) (http://www.freepatentsonline.com) has gone live with its professional services brand by launching the new web site SumoBrain (http://www...
Star Scientific Case Reversed and Remanded by Court of Appeals
Posted on August 26, 2008The United States Court of Appeals for the Federal Circuit ruled in the Star Scientific Inc. v. R.J. Reynolds Tobacco Co. case yesterday, August 25, 2008. The following is excerpted from the decision: Plaintiff-Appellant Star Scientific, Inc. ("Star") appeals from...
PatentFools Launches
Posted on August 25, 2008Gene Quinn (a founding member of White + Quinn P.C. and IPWatchdog.com, lead author of PLI Patent Practice Center blogand teacher of a patent bar review course for the Practising Law Institute) and John White (a founding member of White...
Price Erosion and Elasticity of Demand: Are the Courts Getting it Right?
Posted on August 22, 2008This article (membership required) by Jeffery A. Stec, Ph.D appears in the July 2008 issue of IP Remedies, a publication of the Intellectual Property Litigation committee of the American Bar Association. The following is excerpted from his article: In 1998,...
Patents.com Launches
Posted on August 21, 2008The following is an August 12, 2008 press release provided to me this week by Original Media Concepts: Today Patents.com announced the launch of their global patent search site as part of a platform comprised of over 12 million searchable...
Eastern District Rocket Docket Decelerates in Marshall Division
Posted on August 20, 2008An article by Mary Alice Robbins with the above title appeared in the August 18, 2008 Texas Lawyer with the subtitle, "Cases Filed Now May Not Get Trial Dates Until Late 2011 or Early 2012." Ms. Robbins writes: The voluminous...
District Court Denies Early Motion For Rule 11 Sanctions in Ritalin LA Case
Posted on August 19, 2008Aaron F. Barkoff writes in an August 3, 2008 post at his Orange Book Blog: Earlier this year, KV filed a motion for sanctions under Rule 11 on grounds that Celgene and Novartis "failed to make a reasonable inquiry into...
GraphOn Files Lawsuit against Google for Patent Infringement
Posted on August 18, 2008The following is excerpted from an August 18, 2008 GraphOn press release as it appeared at Business Wire: GraphOn Corporation (OTCBB: GOJO), a leading worldwide developer of server-based application publishing and Web-enabling software solutions, announced today that it has filed...
Experts Play Valuable Role in Patent-Infringement Investigations
Posted on August 18, 2008Round Table Group's Volume 2, Issue 2 "of The Expert Advisor contains valuable advice from two of Round Table Group's experts with vast experience in corporate and patent matters. First, our Featured Expert, Prof. Douglas M. Branson, a renowned authority...
Venali Wins Summary Judgment Motion Against Catch Curve Over Alleged AudioFax Patent Infringement
Posted on August 15, 2008Judge Dean D. Pregerson of the Central District of California U.S. District Court on August 12, 2008 granted defendant Venali, Inc.'s Motion for Summary Judgment of Non-Infringement (filed on June 17, 2008). The following is excerpted from the Judge's order:...
The Roles and Responsibilities of the Chief Intellectual Property Officer
Posted on August 14, 2008IncreMental Advantage is hosting the above titled conference in New York City on October 15, 2008. ...according to some experts, over 85% of the market valuation of the S&P 500 is represented by intangible assets. Other evidence of the power...
Texas Court Issues Markman Ruling in Candela's Suit Against Palomar
Posted on August 13, 2008The following is excerpted from an August 7, 2008 Candela press release available at Business Wire: Candela Corporation (NASDAQ: CLZR), a global leader in the development and commercialization of advanced aesthetic laser and light-based systems, announced today that the United...
Damages Allowable in Japanese Patent Infringement Lawsuits
Posted on August 12, 2008The following is excerpted from an October 11, 2002 presentation by the Sonoda & Kobayashi law firm of Tokyo, Japan discussing the impact of amendments to patent law regarding infringement lawsuits that became effective in 1999 and 2000: Simplification of...
Judge Affirms SiRF's Patent Infringement
Posted on August 11, 2008The following is excerpted from an August 12, 2008 article at EE Times Asia: The pending case whether SiRF has infringed some patents of Broadcom Corp. is over. The U.S. International Trade Commission (ITC) judge has ruled that SiRF Technology...
Star Scientific Expects Court of Appeals Decision Soon
Posted on August 08, 2008From an August 8, 2008 Star Scientific press release at Business Wire: The company awaits a ruling on its appeal to the US Court of Appeals for the Federal Circuit in its patent infringement lawsuit against RJ Reynolds Tobacco Company,...
A Welfare Analysis of Prohibitions on Reverse Payments in Pharmaceutical Patent Disputes
Posted on August 07, 2008Sencer Ecer and Richard S. Higgins (both of LECG) provide "a simple economic framework for evaluating the benefits and costs of the Hatch-Waxman Act." In their conclusion they state, in part: The Hatch-Waxman Act was expressly designed to expedite entry...
Managing IP Rights In China: Keys To Protect Your Clients
Posted on August 06, 2008The National Constitution Center is hosting the above titled audio conference on Wednesday, September 3, 2008 from 1:00-2:00 p.m. ET. The program will be led by Michael J. Wise. The Chinese market promises huge commercial potential but also presents serious...
Fee-Shifting Under Rule 11 and 35 USC § 285
Posted on August 05, 2008I just received my print issue of the Summer 2008 edition of the IPL Newsletter, a publication of the ABA Section of Intellectual Property Law. This issue is not yet available online, but ultimately will be available here. The above...
Columbia Professor Emerita May Add New Defendants to LED Patent Case Before ITC
Posted on August 04, 2008The following is excerpted from a July 31, 2008 Dreier LLP press release: After reaching licensing agreements with several leading multinational consumer electronics companies over a patent covering key LED and LD technology, a Columbia University Professor Emerita is reviewing...
Understanding the Intellectual Property License 2008
Posted on August 01, 2008The Practising Law Institute (PLI) is hosting the above titled seminar in Chicago (October 20-21, 2008), New York City (October 20-21, 2008), and San Francisco (December 15-16, 2008 with live webcast). Licensing is one of the hottest areas in intellectual...
Special Masters? Incidence and Activity
Posted on July 31, 2008Today I located the "Report to the Judicial Conference?s Advisory Committee on Civil Rules and Its Subcommittee on Special Masters" with the above title by Thomas E. Willging, Laural L. Hooper, Marie Leary, Dean Miletich, Robert Timothy Reagan, and John...
Microsoft Takes Mouse Maker to Court
Posted on July 30, 2008Ina Fried of the BeyOnd B1nary blog writes: Microsoft, which is no stranger to being on the receiving end of patent infringement claims, now finds itself on the other side of the legal docket. Late Wednesday, the software maker filed...
Does a European Patent Infringement Loss Prohibit U.S. Importation?
Posted on July 29, 2008I received this question from a reader today: We import a product which we are told has lost a patent infringement case. The patent is filed either in Germany or England, Can we still import and sell in the US?...
Exemplary Damages/Willful Infringement ? A German Perspective
Posted on July 28, 2008The following is excerpted from a November 4, 2005 presentation by Dr. Frank-Erich Hufnagel, LLM of Freshfields Bruckhaus Deringer: Damage Calculation in German Law No subjective element in damage calculation: A willful infringer does not pay more damages Damages as...
Thelen Reid Hit With Malpractice Suit for Allegedly Mishandling IP
Posted on July 25, 2008The following is excerpted from an article by Niraj Chokshi that appeared in today's, July 25, 2008, issue of The Recorder: A former tech client of Thelen Reid Brown Raysman & Steiner has filed a malpractice complaint against the firm...
Nokia and Qualcomm Enter Into a New Agreement
Posted on July 24, 2008A reader tipped me off to the July 23, 2008 announcement of this settlement. The following is excerpted from a Nokia press release available at Fox Business: Nokia (NYSE: NOK: 27.29, +0.59, +2.20%) and Qualcomm (Nasdaq: QCOM) today announced that...
IMPAX Sued Based on ANDA for Generic Flomax®
Posted on July 23, 2008The following is excerpted from a July 22, 2008 IMPAX press release at Business Wire: IMPAX Laboratories, Inc. today announced Boehringer Ingelheim Pharmaceuticals Inc. (?Boehringer?) and Astellas Pharma Inc. (?Astellas?) have filed suit for patent infringement in the United States...
Nokia, Qualcomm Patent Battle To Be Webcast
Posted on July 22, 2008A reader tipped me off to this interesting item by W. David Gardner in yesterday's (July 21, 2008) InformationWeek: The mother of all wireless patent cases is scheduled to get under way Wednesday when Qualcomm (NSDQ: QCOM) and Nokia (NYSE:...
Developments in Pharmaceutical and Biotech Patent Law
Posted on July 21, 2008The Practising Law Institute is hosting a seminar with the above title in New York City and San Francisco (Live Webcast) on September 11, 2008 and October 15, 2008, respectively. Pharmaceutical and biotech patent law is an important and rapidly...
Green Patent Blog
Posted on July 18, 2008Eric Lane is the author of the Green Patent Blog ("covering intellectual property issues in clean technology") which launched in December 2007. He is a patent attorney at Luce, Forward, Hamilton & Scripps in San Diego, where he is in...
Patently Protectionist
Posted on July 17, 2008I was recently contacted by reader and author, Colleen V. Chien, Assistant Professor, Santa Clara University School of Law. She has written a paper on the International Trade Commission titled, "Patently Protectionist? An Empirical Analysis of Patent Cases at the...
District Judges? Greater Use of Case-Specific Specialized Advisors
Posted on July 16, 2008Chief Judge James F. Holderman of the United States District Court, Northern District of Illinois and Halley Guren, Senior Law Clerk to Chief Judge Holderman make four proposals (PTO post-grant review; the Federal Circuit?s changing the standard of review and...
Teva Gets a Taste of Its Own Medicine
Posted on July 15, 2008This from Brian Orelli, writing for The Motley Fool, on July 14, 2008: Now Teva Pharmaceutical (Nasdaq: TEVA) knows what it feels like to be on the other side of a patent challenge. The generic-drug maker said last week that...
Where Are All the New Rocket Dockets?
Posted on July 14, 2008An article that I wrote for Evalueserve's Circle of Experts on the impact of local patent rules in various courts has just been published by Primerus. Many of those involved with patent infringement litigation are well aware of the Texas...
Teva Intends to File Lawsuit Against Generic Filer for Patent Infringement
Posted on July 11, 2008The following is excerpted from a July 11, 2008 Teva press release appearing at PharmaLive: Teva Pharmaceutical Industries Ltd. (Nasdaq: TEVA) today commented on Momenta Pharmaceuticals, Inc./Sandoz Inc.'s announcement regarding the filing of a Abbreviated New Drug Application (ANDA) containing...
U.S. International Trade Commission Institutes Investigation Based Upon Flexsys Patent
Posted on July 10, 2008A July 10, 2008 Solutia Inc. press release published by Prime Newswire stated, in part: Flexsys(r) America L.P., a subsidiary of Solutia Inc. (NYSE:SOA), today announced that the U.S. International Trade Commission (ITC) has voted to institute an investigation of...
A Few Federal Judges are Creating New e-Discovery Rules
Posted on July 09, 2008As a follow-up to my July 2, 2008 post, you might find the article titled, "Rockin' Out the E-Law" by Jason Krause in the July 2008 print issue of the ABA Journal of interest. E-discovery consultant Mary Mack of the...
WordLogic Corporation Files Patent Infringement Against Mercedes-Benz
Posted on July 08, 2008The following is excerpted from a WordLogic press release that appeared today, July 8, 2008, at Business Wire: WordLogic Corporation (OTCBB:WLGC) announces that a patent infringement lawsuit has been filled against Mercedes-Benz USA by our attorneys in US District Court,...
Patent Litigation
Posted on July 07, 2008Practising Law Institute (PLI) is hosting "Patent Litigation 2008" in San Francisco (with live webcast) on September 22-23, 2008. The program will also take place in Northern Virginia, Chicago, Atlanta and New York City with October and November dates...
Search for Prior Art Using IEEE
Posted on July 03, 2008I received the following offer from IEEE and have added it to my Tools list: When it comes to US and European technology patenting, the IEEE is cited nearly 4 times more frequently than any other publisher. And our IEEE...
E-Mail Archives And Litigation: Here's How To Get It Right
Posted on July 02, 2008Andrew Conry-Murray writes for InformationWeek (From the June 23, 2008 print issue) about how, "[f]ailure to manage e-mail can cost millions in court. A popular framework and an archiving system can help get your house in order--and pay dividends in....
Costs of Patent Infringement Litigation
Posted on July 01, 2008In a presentation titled, "U.S. Patent Law ? A Procedural Overview" by Fox Rothschild LLP, a cost estimate for the various steps of a patent infringement case is included. These costs are as follows: i. Prefiling investigation ~ $5,000. ii....
FormFactor Patents Invalid, SK Supreme Court Rules
Posted on June 30, 2008EE Times Asia reported today, June 30, 2008: The South Korea Supreme Court issued an oral ruling that 12 claims of FormFactor's Korean Patent No.252457 are invalid, and ordering the case to be taken back to the Korean Patent Court...
Patent Infringement Updates Celebrates Third Anniversary
Posted on June 27, 2008Thanks to all of you loyal, as well as occassional, readers. Please let me know what types of content you would like to see in the coming year. All the best... Phil
Patent Damages: The European Landscape
Posted on June 26, 2008An article of the above title by Gregory J. Urbanchuk and James R. Tumbridge appears in the Summer 2008 issue of the American Bar Association's Intellectual Property Litigation (available to members only). The rules for quantifying patent damages varies among...
Peer-to-patent Increases Prior Art Submissions
Posted on June 25, 2008Eklavya Gupte reporting on June 23, 2008, from London for Managing Intellectual Property writes, "[t]he USPTO's peer-to-patent project has led to a big increase in prior art submissions but has failed to bring in fresh patent applications in its first...
CBI?s Pharmaceutical Congress on Paragraph IV Disputes
Posted on June 24, 2008The Center for Business Intelligence is hosting the above titled conference in Philadelphia, PA on October 15 - 16, 2008. Paragraph IV litigation is reaching an all-time high with almost $85 billion in product sales that potentially could be affected...
Pitt Sues Again Over Patents
Posted on June 23, 2008Bill Schackner, for the Pittsburgh Post-Gazette, wrote on June 21, 2008: The University of Pittsburgh, turned down by a federal judge in Pittsburgh, has taken a patent infringement lawsuit against the world's largest producer of radiotherapy equipment for cancer treatment...
First China-Based Sucralose Manufacturer Confirms United States ITC Target Date Extension
Posted on June 20, 2008The following is excerpted from a June 4, 2008 Business Wire press release: Guangdong Food Industry Institute (GDFII/L&P Food), a leading manufacturer of sucralose, announces that Administrative Law Judge Charles E. Bullock of the United States International Trade Commission (ITC)...
Maryland Intellectual Property Law Blog
Posted on June 19, 2008I have added Brian Wm. Higgins' Maryland Intellectual Property Law Blog to my Blogroll. Mr. Higgins' blog covers the following topics: Copyrights Forms & Downloads IP News and Trends Litigation Patents Patent Reform Act Trade Secrets Trademarks In an April...
The Rise of Asia's Patent Applications
Posted on June 18, 2008The following News & Trends reports appeared at EE Times Asia on June 2, 2008: In a year that saw a record number of filings under the World Intellectual Property Organization Patent Cooperation Treaty (PCT), inventors from South Korea and...
IP License Strategies After Court's Unanimous Ruling on Patent Exhaustion
Posted on June 17, 2008Strafford Publications is hosting a live 90-Minute CLE Teleconference with Interactive Q&A on July 16, 2008. On June 9, in Quanta Computer Inc. v. LG Electronics Inc., the U.S. Supreme Court once again reversed the Federal Circuit on an issue...
Broadcom Found Not to Infringe SiRF Patents in ITC Ruling
Posted on June 16, 2008The following is excerpted from a June 13, 2008 Broadcom press release that appeared at PR Newswire: Broadcom Corporation (Nasdaq: BRCM) today announced that the U.S. International Trade Commission (ITC) rejected claims by GPS chipmaker SiRF Technology Holdings Inc...
More Patent Statistics
Posted on June 13, 2008In a follow-up to my June 6, 2008 post entitled, "Chinese Patent Statistics," I was contacted by Evalueserve with a link to the study cited in their press release (free, but registration required). These additional observations were provided: The article...
Legal Imperatives on IP Management
Posted on June 12, 2008A new publication is available from Research and Markets Ltd. in Dublin: The business landscape is littered with intellectual property landmines. Microsoft, Apple Computer, Sun Microsystems, Medtronic, Research in Motion and Nintendo are just a few of the companies that...
Guest Blog: Quanta Computers, Inc. v. LG Electronics, Inc.: The Supreme Court Sets the Law on Patent Exhaustion Back On Track
Posted on June 11, 2008By Charles R. Macedo, Joseph M. Casino, and Marion P. Metelski Charles R. Macedo and Joseph M. Casino are Partners and Marion P. Metelski is Senior Counsel at Amster, Rothstein & Ebenstein LLP. Their practices specialize in intellectual property issues,...
Chipping Away at the Quanta v. LG Electronics Patent Decision
Posted on June 10, 2008In a follow-up to the January 11, 2008 guest post authored by Michael J. Kasdan, Esq. and Charles R. Macedo , Esq. of Amster, Rothstein & Ebenstein, LLP, Michael writes, "the Supreme Court resolved in its Quanta decision yesterday the...
Rule 11 Issues in Patent Infringement Filings
Posted on June 09, 2008Lawrence Ebert of IPBiz blog wrote on June 6, 2008: GERALD N. PELLEGRINI, appearing pro se against Analog Devices (represented by Wilmer Cutler Pickering Hale and Dorr LLP) took a beating in a case decided by the CAFC on 5...
Chinese Patent Statistics
Posted on June 06, 2008The following is excerpted from a June 5, 2008 Evaluserve press release that appeared at SANEPR: Although China is still struggling with the image of being a safe haven for intellectual property counterfeiters and thieves, during the last two decades...
Mylan Sued for Patent Infringement on Azor
Posted on June 05, 2008The following Associated Press item appeared yesterday, June 4, 2008, on CNN Money: Generic drug maker Mylan Inc. said Wednesday it is being sued by Japanese drug maker Daiichi Sankyo for patent infringement on blood pressure drug Azor. Mylan said...
EU Broadens Inquiry into Drug Market
Posted on June 04, 2008From the European Public Health Alliance (EPHA): European antitrust investigators are expanding the scope of a major inquiry into the ?484 billion pharmaceutical market in a bid to determine whether companies are blocking generics makers from getting less-expensive medicines to...
FTC Commissioner Rosch on Patent Trolls
Posted on June 03, 2008J. Thomas Rosch, Commissioner of the Federal Trade Commission spoke before the Newport Summit on Antitrust and Economics in Newport, Rhode Island on May 31, 2008. A reader alerted me to a copy of his remarks which are excerpted, in...
Patent PDF Tools
Posted on June 02, 2008In view of the lack of easy to use and free tools to download patent documents in PDF format on the web with good country coverage, Rolf Claessen of IP Newsflash and a patent attorney and partner with the patent...
Howrey Loses $250 Million IP Verdict in East Texas
Posted on May 30, 2008An article appearing in today's (May 30, 2008) issue of Texas Lawyer by Nate Raymond of The American Lawyer states: On May 28, a federal jury in the Eastern District of Texas gave a big win to Sam Baxter of...
PatentCafe Adds New Patent Quality Reports to Its Free CAFC Library
Posted on May 29, 2008The following is excerpted from a May 28, 2008 PatentCafe press release: The new Patent Factor Index (PFi) Reports, available for public downloading without cost, statistically score more than 2 dozen indicators of patent quality, many of the indices correlating...
The Enterprise Future Of Semantic Search
Posted on May 28, 2008J. Nicholas Hoover writing in the May 19, 2008 print issue of Information Week states: Powerset launched a tool to search Wikipedia and open source database Freebase Monday, but the technology that powers the search startup could wind up at...
C5's Advanced Forum on Intellectual Asset Mangement for High Tech Industries
Posted on May 27, 2008As the number of patent applications related to computer implemented business methods and technologies grows, so does the complexity of managing high tech IP portfolios. Against this backdrop, strategy focused companies are responding by taking the necessary steps to avoid...
That's Settled: Micro Backs Tessera Patents
Posted on May 23, 2008The following is excerpted from an article today, May 23, 2008, at Forbes.com written by Melinda Peer: Tessera Technologies' resilient patents just got stronger--and so did the tech company's stock price as Micro Electronics took licenses on the firm's miniaturized...
Allstate Chief Contemplates Value of its Patents
Posted on May 23, 2008The following is excerpted from an article today, May 23, 2008, by Becky Yerak in the Chicago Tribune Web Edition: Allstate, which this month introduced new financial products such as ClearTarget Retirement Funds and Guaranteed Lifetime Income, wants to protect...
Court of Appeals Rules on Disputed Terms from Markman Hearing in decisioning.com Case
Posted on May 22, 2008The following is from a May 7, 2008 Affinity Technology Group, Inc. press release published at Business Wire: Affinity Technology Group, Inc. (OTCBB: AFFI) today announced that the United States Court of Appeals for the Federal Circuit (the ?Appeals Court?)...
Pre-Filing Investigation of Patent Infringement When Reviewing a Motion for Attorney Fees
Posted on May 21, 2008An April 1, 2008 post by Lawrence M. Sung, Ph.D., Partner, Dewey & LeBoeuf LLP and Professor & Intellectual Property Law Program Director, University of Maryland School of Law titled, "How the Federal Circuit Looks at a Pre-Filing Investigation of...
NICE Intends to Seek Overturn of Verdict
Posted on May 20, 2008The following is excerpted from a May 18, 2008 NICE Systems' press release: NICE Systems (Nasdaq: NICE) announced today that in a patent infringement case brought in January 2006 against NICE Systems Inc. and NICE Systems Ltd. by Verint Americas,...
Patent Office Revokes Two Epilepsy Drug Patents
Posted on May 20, 2008The following is excerpted from a May 19, 2008 Pharmaceutical Patent Attorneys, LLC press release: In two separate rulings, The United States Patent & Trademark Office announced that it will revoke both patents on the epilepsy drug felbamate. The rulings...
Rambus' Injunction Brief
Posted on May 16, 2008In a follow-up to yesterday's post a reader has provided a copy of Rambus' Injunction Brief. The hearing is scheduled for June 24, 2008. In the 2006 patent trial, the jury awarded Rambus $306,967,272 in damages for Hynix?s sales of...
Silicon Graphics v. ATI Is A Draw
Posted on May 15, 2008In an update to my February 12, 2008 post, Kyle Fleming and Josh Ryland of Patent Appeal Tracer write: ATI appeals from the judgments of Judge Barbara Crabb on the verdicts that Silicon Graphic's 6,650,327 patent valid and enforceable. The...
Rambus Legal Victories Raise Stock Price Target
Posted on May 14, 2008Philip Zera, an analyst with Algorithm Capital, sent me his most recent research report on Rambus last night. In his report, Mr. Zera details recent legal decisions affecting Rambus and his expectations on the impact of these decisions. The following...
FTI's 2007 Intellectual Property Statistics
Posted on May 13, 2008In response to my May 8, 2008 post, Debra Resnick, Global Product Director, Intellectual Property - Forensic and Litigation Consulting of FTI Consulting, provided me with the 2007 version of her firm's Intellectual Property Statistics. Download intellectual_property_statistics_april_2008...
GUEST BLOG: SOME FIRST HAND IMPRESSIONS OF THE EN BANC BILSKI ORAL ARGUMENT
Posted on May 12, 2008This guest post was written by Charles R. Macedo, Jung Hahm, Howard Wizenfeld and Norajean McCaffrey. [i] On May 8, 2008, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in In re Bilski and Warsaw, No....
Press Conference on IPR Protection 2007 Held in Beijing
Posted on May 09, 2008On May 8, 2008 a press release from the International Sports Movement was available at Sports Features Communications. The following is excerpted from that release: Beijing Intellectual Property Working Conference and the Information Office of the Municipal Government jointly held...
Trade Agency Wants to End Deals Delaying Generics
Posted on May 08, 2008The following is excerpted from a May 6, 2008 Reuters article by Diane Bartz: A practice by major pharmaceutical companies of paying generic drug companies to delay putting cheaper medicines on the market violates federal law and must be stopped,...
Chinese Firms Triumph in U.S. Battery Suit
Posted on May 08, 2008The following China Daily item appeared in the May 6, 2008 issue of China View: A U.S. court's decision to shoot down the patent infringement claims of a U.S. battery maker has ended a lengthy case against Chinese battery manufacturers...
Intellectual Property Statistics
Posted on May 08, 2008Each year the Intellectual Property Group at FTI researches and compiles statistics on intellectual property prosecution and litigation. They recently completed updating their statistics charts to include data for 2006. The charts include: Top Patent Damage Awards: 1980 - 2006...
Evaluating Patent Investments
Posted on May 07, 2008The Intellectual Property Prospector and the Beard Group Law and Business Publishers are hosting an audio briefing for identifying and evaluating patent investments on May 15, 2008. David S. Ruder, Managing Director of Terrier IP Investments LLC and instructor for...
Sidley Announces Settlement of Patent Infringement Claims Against Fourth LED Manufacturer
Posted on May 06, 2008The following is excerpted from Sidley Austin's May 6, 2008 press release: Sidley Austin LLP announced today that firm client Professor Gertrude Neumark Rothschild has settled her patent infringement claims against Epistar Corporation, a Taiwanese corporation...
The Increasing Role of Antitrust Principles in Defining Patent Rights
Posted on May 05, 2008The Antitrust, Pharmaceutical, and Standards Committees of the Intellectual Property Owners Association is hosting the above titled conference on June 9, 2008 in Washington, DC at the Ronald Regan Building and International Trade Center. This conference will examine the role...
U.S. Patent Commissioner Speaks: Current Developments in Patents
Posted on May 02, 2008Matthew J. Prinn, Business Development Manager for K&L Gates, extends an invitation to all subscribers and readers of Philip Brooks' Patent Infringement Updates to participate in a May 13, 2008 Webinar. Luncheon Speaker: John J. Doll, U.S. Commissioner for Patents...
DCGI Rules Out Low-Cost Version of Patented Drugs
Posted on May 01, 2008Joe C Mathew, writing today, May 1, 2008, for the Business Standard, India?s leading business daily states: The Drugs Controller General of India (DCGI) has decided to reject applications seeking marketing approvals for copycat versions of medicines that have product...
Apple's Success Brings More Patent Lawsuits
Posted on April 30, 2008Appearing in the April 28, 2008 issue of EE Times, Thomas Claburn of InformationWeek writes: Apple's rise in sales has been accompanied by an increase in patent infringement lawsuits. During the first four months of 2008, Apple was named as...
Court Denies Hologic Request for Preliminary Injunction Against Sales of Contura
Posted on April 29, 2008SenoRx, Inc. (Nasdaq:SENO) today [April 29, 2008] announced that a request for a preliminary injunction, filed by Hologic and its wholly-owned subsidiaries, Cytyc Corporation and Cytyc LP in their pending patent infringement suit against SenoRx, Inc., was denied by the...
AAAU Reference Center
Posted on April 29, 2008The American Arbitration Association has developed guides, Frequently Asked Questions (FAQ) documents, and reports to help enhance users' knowledge of alternative dispute resolution in general, and about its application in particular areas or industries...
Former Thomson Scientific Executive Appointed to PatentCafe Top Sales Spot
Posted on April 25, 2008The following is excerpted from a PatentCafe April 24, 2008 press release I received via email (the Company's website does not yet have the full release available): PatentCafe.com, Inc. is pleased to announce the appointment of David M. Schab as...
CAT Patent Infringement Suits Could Spread to Others in Prepaid
Posted on April 24, 2008An April 2008 featured article by Paybefore (an industry resource for prepaid and stored value cards) staff states, in part: Chicago-based Card Activation Technologies, Inc. (CAT) is suing major retailers, including Barnes & Noble, Aeropostale, OfficeMax, TJX Companies, Sears and...
GUEST BLOG: In re Bilski Roll Call
Posted on April 23, 2008By Charles R. Macedo, Amster Rothstein & Ebenstein LLP, cmacedo@arelaw.com[i] On May 8, 2008, the Federal Circuit will be hearing oral argument in the In re Bilski case on the issue of what is a patent-eligible process. There have been...
Rambus Defeats FTC
Posted on April 22, 2008A reader provided the following press release issued today, April 22, 2008, by The Voluntary Trade Council, Inc.: The Federal Trade Commission's long-running prosecution of Rambus Inc. [NASDAQ:RMBS] suffered a critical defeat today after a three-judge panel of the U...
Justin Muchoney Gets Dream Job
Posted on April 22, 2008Congratulations! Justin Muchoney 2008 Disney Parks Chief Magic Official After months of grueling campaigning culminating in a two-day climax of in-Park competitions, Justin Muchoney claims the victory as the Disney Parks Chief Magic Official! Be sure to come back in...
e-Discovery Special Masters
Posted on April 21, 2008Chere Estrin, CEO of Estrin LegalEd and owner of The Estrin Report blog, wrote on February 11, 2008: I'm telling you, when a field pops, it really pops. Apparently, the increased use of electronic discovery has resulted in a new...
Collecting Evidence of Infringement
Posted on April 18, 2008In a presentation to the Boston Entrepreneurs' Network on January 3, 2006, Brian T. Moriarty of Hamilton, Brook, Smith & Reynolds, P.C. made the following observations about patent infringement investigations: Collecting Evidence of Infringement ? Hunches and ?I know it?...
Flip Video Camera Maker Hit with Patent Infringement Lawsuit
Posted on April 17, 2008Dawn Kawamoto posted the following today, April 17, 2008, at CNET's News Blog: Advanced Video Technologies lobbed a patent infringement lawsuit against Pure Digital Technology, maker of the popular Flip Video cameras, according to a Reuters report. The lawsuit, filed...
UniRAM Wins Bench Trial against TSMC in Inequitable Conduct Counterclaim
Posted on April 16, 2008The following press release appeared today, April 16, 2008, on PR Newswire: On April 14, 2008, Chief Judge Vaughn Walker of the United States District Court for the Northern District of California issued findings of fact and conclusions of law...
DTL Licenses Key Cell Phone Patent to LG Electronics
Posted on April 16, 2008The following press release appeared today, April 16, 2008, on Business Wire: General Patent Corporation International (GPCI), a leading patent licensing and enforcement firm, announced today on behalf of its client, Digital Technology Licensing LLC (DTL), that it has licensed...
AstraZeneca PLC Soars on Nexium Drug Patent Settlement
Posted on April 16, 2008The following press release appeared yesterday, April 15, 2008, on BioSpace: Ranbaxy Pharmaceuticals Inc. (RPI), a wholly owned subsidiary of Ranbaxy Laboratories Limited (RLL), announced today that it has reached several agreements with AstraZeneca. Two of these agreements concern Esomeprazole...
Seagate Sues Chip Maker
Posted on April 15, 2008Erika Brown reported today, April 15, 2008, at Forbes that: Hard-disk drive industry leader Seagate Technologies filed a suit on Monday against a competitor, STEC, a maker of solid-state drives, alleging patent violations. The move could set an important precedent...
Guidewire Launches "Accenture Behaving Badly"
Posted on April 14, 2008In a follow-up to my December 20, 2007 post titled, "Accenture Files Patent Suit Against Guidewire," I was contacted this afternoon by a representative of Guidewire. She said that Guidewire has launched a website titled, "Accenture Behaving Badly." Some excerpts...
Markman Hearings and Claim Construction in Patent Litigation 2008
Posted on April 11, 2008The Practising Law Institute (PLI) is hosting the above titled conference in New York City on July 9, 2008. The conference is also available via live webcast. The conference is chaired by Thomas L. Creel of the Law Office of...
Roche Appeals Preliminary Anemia Drug Injunction
Posted on April 10, 2008Deena Beasley reporting for Reuters writes today, April 10, 2008: Roche Holding AG filed on Wednesday to appeal a preliminary court injunction barring U.S. sales of its anemia drug Mircera. Rival Amgen Inc, which last year won a patent infringement...
Patent Quality Reports Analyze Patents in Cases Decided by the Federal Circuit
Posted on April 09, 2008The following is excerpted from an April 8, 2008 PatentCafe press release: Today, patent information provider PatentCafe introduced a new line of patent quality evaluation reports for United States patents in patent infringement litigation cases decided by the Court of...
Amici Curiae Brief for In Re Bilski
Posted on April 08, 2008Anthony F. Lo Cicero, Charles R. Macedo and Jung Hahm on Friday, April 4, 2008, filed a Brief For Amici Curiae Reserve Management Corporation, PCT Capital LLC, Rearden Capital Corp. And Sales Optimization Group In Support Of Maintaining State Street....
Justin Muchoney Makes Final Three for Disney's Chief Magic Official Contest
Posted on April 07, 2008As described in my March 4, 2008 post on Disney's Chief Magic Official contest in conjunction with CareerBuilder.com, a good friend, Justin Muchoney, made the final ten. At 12:01 this morning Disney announced after close to 500,000 votes were cast,...
A Unique Approach to Legal Recruiting
Posted on April 04, 2008For those attorneys who are considering a move, this might be of interest: Firm to Firm is a premier legal search firm that focuses on matching exceptional candidates with elite law firms. Our team of experienced professionals awards the most...
Caraco Pharm Labs v. Forest Labs (Lexapro) CAFC Decision
Posted on April 03, 2008The following guest post is provided by H. Keeto Sabharwal, IP Litigation Practice Group Leader for Blank Rome LLP, based in Washington, DC: In its 2-1 decision in Caraco Pharm. Labs. v. Forest Labs. yesterday, the CAFC further refined its...
aai Requests FTC Investigation of Rembrandt
Posted on April 02, 2008A reader alerted me to the "Request for Investigation of Rembrandt, Inc. for Anticompetitive Conduct that Threatens Digital Television Conversion" in a March 26, 2008 Petition to the Federal Trade Commission by the American Antitrust Institute. Some excerpts include: The...
Patent Bending
Posted on April 01, 2008Bill Heinze of I/P Updates blog reported on August 14, 2006 about "[t]he Discovery Channel Canada's Patent Bending team ... scour[ing of] patents from the past 100 years 'to find the seemingly greatest, strangest or most fantastically odd ideas that....
Managing the Dragon
Posted on March 31, 2008Dan Fitzpatrick writes in the March 30, 2008 print issue of the Pittsburgh Post-Gazette: Before venturing halfway around the world to become the businessman known as "Mr. China," Jack Perkowski was a North Catholic High School student seen hitching rides...
Be Careful What You Post
Posted on March 28, 2008A reader brought to my attention today a court Decision and Order in the Document Security Systems, Inc., et al. v. Adler Technologies, Inc., et al. case (U.S. District Court, Western District of New York, Case 03-CV-6044). Judge Michael A....
The Strategic Value of Patent Claim Construction
Posted on March 27, 2008This IncreMental Advantage seminar will cover all of the pertinent issues regarding claim construction and interpretation: ? The Role of Claim Construction in Patent Preparation ? A Review of the Strategic Utility of Claims ? Evolution of Claim Construction ?...
ITC Investigates Blue Laser Patent Claim
Posted on March 26, 2008Ian Williams writing for vnunet.com today, 26 Mar 2008: The US International Trade Commission has begun an investigation into certain short-wavelength light emitting diodes and laser diodes following a patent infringement complaint. Gertrude Neumark Rothschild, an emeritus professor at Columbia...
The Federal Circuit Raises The Standard For Willful Infringement And Enhanced Damages
Posted on March 25, 2008Ali Dhanani writes in the February 2008 Intellectual Property Report (Volume 5, Issue 73) from Baker Botts L.L.P., an article entitled, "In The Wake Of In re Seagate Technology, LLC: The Federal Circuit Raises The Standard For Willful Infringement And...
Federal Circuit Addresses Effect of 271(e)(1) "Safe Harbor" in ITC Actions
Posted on March 24, 2008Aaron F. Barkoff of the Orange Book Blog writes in his March 21, 2008 post: Amgen holds at least six US patents that relate to erythropoeitin and its derivatives (EPO) and processes for making EPO, protecting the Amgen drugs Aranesp...
Generic Particulars
Posted on March 21, 2008From today's (March 21, 2008) The Indian Express, comes this editorial: From January 2005, a new law was to have brought India into compliance with the WTO on how pharmaceutical products were to be patented. Earlier, patent protection was offered...
e-IP, LLC (www.TechTransferOnline.com) Becomes The Place To Go For Intellectual Property(TM)
Posted on March 20, 2008The following is excerpted from a March 20, 2008 e-IP, LLC press release at PR Newswire: After only a few months of gathering intellectual property from universities, corporations, and other research institutions, TechTransferOnline has been entrusted with thousands of high...
Admissibility of Settlement Communications In Patent Infringement Rule 11 Proceedings
Posted on March 19, 2008Michael D. Kurzer and Stacey J. Rappaport of Milbank, Tweed, Hadley & McCloy LLP wrote the above titled article in Law Journal Newsletters Patent Strategy & Management (Volume 7, Number 1 ? June 2006). The following is excerpted from their...
Some are Experts, Others Just Provide Opinions
Posted on March 18, 2008Lee Thomason writes today, March 18, 2008, at his blog, ISinIP (Innovative Strategies in IP): Two points of interest about patent suit experts come out of the pretrial ruling in Seitz v. Envirotech Sys., 4:02CV4782 (S.D. Tex. 3/6/2008). The named...
IP Litigation at the ITC: Recent Developments and Best Practices
Posted on March 17, 2008Managing IP will host a free web seminar, in association with Finnegan Henderson, covering recent developments and enforcement at the ITC on Wednesday March 26 at 12 noon EST. The US International Trade Commission (ITC) is playing an increasingly prominent...
Diomed Files Chapter 11
Posted on March 14, 2008The following is excerpted from a March 14, 2008 Diomed press release: Diomed Holdings, Inc. (AMEX: DIO), a leading developer and marketer of minimally invasive medical technologies, including its patented EVLT® laser treatment for varicose veins, announced that it, together...
Notes Of Discord For Guitar Hero
Posted on March 13, 2008The following is excerpted from an article written today, March 13, 2008, by Evelyn Rusli and available at Forbes.com: The fathers of Guitar Hero, the brothers Kai and Charles Huang, can't estimate how many hours they've spent strumming the game's...
Best of IPL Newsletter
Posted on March 12, 2008The Winter 2008 print issue of the American Bar Association's Section of Intellectual Property Law's IPL Newsletter is a "BEST OF" edition with articles from a number of previous issues. While this print issue is not yet available on line,...
Are CDN Patent Lawsuits Actually a Mating Call?
Posted on March 10, 2008Kelly Teal writing February 29, 2008 for xchange states, in part: The content delivery network (CDN) arena isn?t just growing, it?s exploding. Demand for online video and gaming is so intense that, last year alone, CDN revenue totaled more than...
Nanotechnology Patents and Copyrights: Strategies for Securing and Protecting IP Rights
Posted on March 07, 2008Strafford Publications is hosting this teleconference on April 15, 2008. Nanotechnology, one of the most dynamic emerging technologies, presents novel and complex problems for the patenting process. The unprecedented patent "land grab" taking place in the nanotechnology area will no...
Really Simple Competitive Intelligence
Posted on March 06, 2008Dennis Kennedy writes in the March 2008 print issue of the ABA Journal: Clients increasingly look to lawyers who know their business and industry well, and a common client wish is that their lawyers alert them to issues in advance,...
Barr Subsidiary Sues Watson for SEASONIQUE(R) Patent Infringement
Posted on March 05, 2008PR Newswire reported today, March 5, 2008: Barr Pharmaceuticals, Inc. (NYSE: BRL) today announced that its wholly-owned subsidiary, Duramed Pharmaceuticals, Inc., has filed suit against Watson Pharmaceuticals (NYSE: WPI) and its subsidiary, Watson Laboratories, Inc...
Disney's Chief Magic Official
Posted on March 04, 2008To prove that making dreams come true is no longer reserved for fairy godmothers, CareerBuilder.com [on January 8, 2008] launched the search for the first-ever Disney Parks Chief Magic Official (CMO) who will spread magic during The Year of a...
Qualcomm Licked In Legal Battle
Posted on March 03, 2008Lionel Laurent writing for Forbes today, March 3, 2008, stated: Qualcomm's epic legal assault on handset-maker Nokia racked up yet another defeat on Monday, after the British High Court ruled that two of the American telecommunications firm's patent infringement claims...
Justice Breyer's Bicycle and the Ignored Elephant of Patent Exhaustion
Posted on March 03, 2008Today's guest post is from John W. Osborne of Morgan & Finnegan, L.L.P.: As discussed in the linked article, "Justice Breyer's Bicycle and the Ignored Elephant of Patent Exhaustion: An Avoidable Collision in Quanta v. LGE," the arguments made to...
Reinventing Patent Law
Posted on February 29, 2008Steve Seidenberg writes in the February 2008 print issue of the ABA Journal that "the pendulum is swinging for a system that has long favored the rights of patent holders." The following is excerpted from his article:Stephen Comiskey thought he knew a good thing when he saw it...
German Patent Database Available
Posted on February 29, 2008Please see the German Patents website that is added today to the Tools section on the lower left banner. This site offers a full text database of German patents from 1986 to the present classified by IPC. The site is available in German only.
An Israeli Perspective on U.S. Patent Reform
Posted on February 28, 2008The Jerusalem Post ran an opinion piece on February 20, 2008 denouncing the Patent Reform Act of 2007. The article is by Bernard G. Frieder who "served in the cabinet office of the British government as a technology specialist and has advised private firms in the US and the UK...
WRG Webinar on Bankruptcy and Intellectual Property
Posted on February 27, 2008World Research Group is hosting a webinar titled, "Bankruptcy and Intellectual Property: Protecting Your Rights in Uncertain Times" on March 28, 2008. Robert Eisenbach (who also writes In the Red®: The Business Bankruptcy Blog) and Richard Kanowitz of Cooley Godward Kronish LLP will lead the webinar...
Troll Tracker Outs Himself
Posted on February 26, 2008Posted by Debra Cassens Weiss today, February 26, 2008, at the ABA Journal:The anonymous author of the Patent Troll Tracker blog has revealed that he is Richard Frenkel, an intellectual property lawyer who is a director in Cisco Systems' IP group. Frenkel said he decided to out himself after he received an e-mail threat from someone who threatened to go public with his identity, the Recorder reports...
Niche Search Innovation
Posted on February 25, 2008Richard Martin wrote an article in the February 11, 2008 print edition of Information Week titled, "The Search Market Fallout of Microsoft-Yahoo."When tigers battle, mice get fat. That pseudo-Chinese proverb well describes one likely outcome of Microsoft (NSDQ: MSFT)'s $44 billion bid for Yahoo (NSDQ: YHOO), which would reduce the top three Web search providers to just two: Google (NSDQ: GOOG) and Micro-Hoo (or whatever the mashup of Yahoo and Microsoft's MSN Live search tool would be called)...
Obviousness Under Chinese Patent Law
Posted on February 22, 2008A paper with this title was written by Santa Clara Law student Xin Ma for an Advanced IP Research class and was published by the Tech LawForum, sponsored by the High Tech Law Institute at Santa Clara Law School, on February 20, 2008.Executive Summary Current Chinese Patent Law requires ?inventiveness,? a concept similar to the Unites States? requirement that a patent?s subject matter be non-obvious...
$29 Billion Reasons to Litigate?
Posted on February 21, 2008Duncan Bucknell of IP Thinktank Blog wrote in his post yesterday, February 20, 2008:The most successful IP strategies in the pharma industry are often aggressive. They have to be. US $29 Billion in drugs come off patent this year - however that's the innovators' current markets - these products will all have multiple generic suppliers on patent expiry, and so with price competition, the actual markets will be much smaller...
Waves of Changes in Chinese Patent Law and Regulations
Posted on February 20, 2008The final section of a four-week series appeared in ChinaBio Today on January 31, 2008. The article was prepared by Charles C. Liu, PhD, JD, Partner, Director of US Practice, Unitalen Attorneys at Law, and Jeanne J. Liu. It was originally published in China Intellectual Property, 20:44-51 (2007)...
Counsel Corp. Subsidiary, C2 Global, Settles Lawsuit Against AT&T
Posted on February 19, 2008A Counsel Corporation press release appearing today, February 19, 2008, at Marketwire states, in part:Counsel Corporation ("Counsel") (TSX:CXS) is pleased to announce that its 92%-owned subsidiary, C2 Global Technologies Inc. ("C2")(OTCBB:COBT), has settled its patent infringement litigation against AT&T by entering into a Settlement and License Agreement...
LexisNexis Launches Patent Law Center
Posted on February 16, 2008LexisNexis has recently released the LexisNexis Patent Law Center.I was notified yesterday by LexisNexis that Philip Brooks' Patent Infringement Updates was selected to be featured in the ?Top Blogs? section (the Top Blogs menu is located at the bottom of the Home page for LexisNexis Patent Law Center)...
Patenting Business Methods for Internet-Based Commerce
Posted on February 15, 2008World Research Group is hosting a seminar titled, "Patenting Business Methods for Internet-Based Commerce" on February 26-27, 2008 in New York City. Some of the activities you will learn about during the conference include: Effectively manage and respond to troll activity Assess the likelihood of receiving an injunction in a post eBay world Develop a comprehensive portfolio and defensive patent strategy to mitigate the risk of third-party infringement Examine the current developments in patent law as it impacts Internet-based businesses Investigate and respond to patent assertion letters post Seagate Create organizational sensitivity to intellectual property risk and opportunities Structure your legal and business strategies in correspondence with evolving technology Evaluate the merits of licensing your business methods patents for Internet-based commerce Manage patents in collaborations and joint ventures Effectively enforce Internet-based patents in international territory Respond to the effect of KSR v...
Cephalon Disappointed by FTC Action on PROVIGIL Patent Settlements
Posted on February 14, 2008Cephalon issued a press release yesterday, February 13, 2008, that reads, in part:Cephalon, Inc., (Nasdaq: CEPH) issued the following statement in response to a complaint filed today by the U.S. Federal Trade Commission (FTC) in U.S. District Court for the District of Columbia challenging the validity of certain agreements entered into by the company in late 2005 and early 2006 to settle the PROVIGIL(R) (modafinil) [C-IV] patent infringement litigation and seeking to permanently enjoin the Company from maintaining or enforcing these agreements...
Intellectual Property: The China Threat Teleconference
Posted on February 13, 2008The Legal Publishing Group of Strafford Publications is hosting a two-part teleconference:Part 1 ? Essential Preemptive Steps to Protect IP Rights(Tuesday, February 19, 2008, 1:00-2:30 pm Eastern) Part 2 ? Strategies for Policing and Enforcing IP Rights(Tuesday, February 26, 2008, 1:00-2:30 pm Eastern)The panel will review these and other key questions: * What issues must be addressed for registration of IP in China? * What steps can U...
Silcon Graphics v. ATI and AMD Patent Infringement Case Ends
Posted on February 12, 2008Thanks to a reader who tipped me off to this case and provided court documents as well!On January 31, 2008, plaintiff Silicon Graphics, Inc. moved to voluntarily dismiss from its lawsuit in the Western District of Wisconsin the remainder of its claims related to U...
Top IP Law Issues for 2008
Posted on February 11, 2008A press release issued today, February 11, 2008, at Marketwire by Wolf, Greenfield & Sacks states, in part:Last year was probably the most momentous in intellectual property law in decades. Will 2008 be as dramatic? An article in the February 8 issue of Mass High Tech by James J...
Special Masters and The Patent Reform Act of 2007
Posted on February 08, 2008A press package providing a section-by-section summary of The Patent Reform Act of 2007 appears at the Committee on the Judiciary of the U.S. House of Representatives website. Section 16 on Special Masters states the following:Sec. 16. Study of Special Masters in Patent Cases...
Barracuda Networks Enlists Open Source Community In Trend Micro Patent Fight
Posted on February 07, 2008The following is excerpted from Thomas Claburn's February 6, 2008 article at InformationWeek:Barracuda Networks, a maker of e-mail and Web security hardware, has sent out a distress call to the open source community to save it from patent litigation at the hands of Trend Micro, a competing security company...
Brett Trout's BlawgIT
Posted on February 06, 2008BlawgIT - Internet Patent, Trademark and Copyright Issues with Attorney Brett Trout's blog post from yesterday, February 5, 2008, provides his "definitive" list of patent blogs. I was very pleased to see Patent Infringement Updates made his list...
Rule 11 - Reasonable Prefiling Investigation
Posted on February 05, 2008Esther Lim writes an article titled, "Reasonable prefiling investigation and the test for rule 11: the "I would have if I could have" test" in the July 1, 2006 issue of the IP Litigator. The following is excerpted:Armed with a patent and suspicion of infringement, a patentee must form a reasonable basis for bringing an infringement action...
European Commission Probes Pharmaceutical Sector
Posted on February 04, 2008From a January 30, 2008 item by Kevin Aschenbrenner of Jaffe Legal News Service:In a bid to discover why, despite a strengthened patent system, there has been a decline in both new and generic drugs coming onto the market in Europe, the European Commission (EC) has launched a probe of the pharmaceutical sector...
Appellate Court Upholds $94 Million Patent Infringement Judgment for TiVo
Posted on February 01, 2008The following excerpt is from an Irell & Manella LLP press release issued today, February 1, 2008, and appearing at PR Newswire:The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. has upheld a $94 million ruling in favor of digital video recorder pioneer TiVo Inc...
Smithkline Beecham v. Dudas Seminar
Posted on January 31, 2008Joseph Silvia, Chief Policy Counsel for the Washington Legal Foundation, wrote to notify me yesterday of an event The Washington Legal Foundation (WLF) is hosting as a WLF Web Seminar Series on February 5, 2008 featuring two distinguished attorneys involved with the case...
Using Hindsight: Janis Joplin's Yearbook
Posted on January 30, 2008I was organizing some old files and came across a copy of Frank Fisher's and Craig Romaine's article from the Winter/Spring 1990 issue of the Journal of Accounting, Auditing & Finance titled, "Janis Joplin's Yearbook and the Theory of Damages...
Fordham 16th Annual Conference on Intellectual Property Law & Policy
Posted on January 29, 2008Okay, it is officially CLE Tuesday now! I just received a notice in the mail yesterday announcing Fordham Law School's "16th Annual Conference on Intellectual Property Law & Policy" at Lincoln Center in New York City on March 27 & 28, 2008...
THE SEDONA CONFERENCE'S VOICES FROM THE DESERT PROGRAM ON THE RECENT QUALCOMM E-DISCOVERY SANCTIONS ORDER AND ITS RAMIFICATIONS IS TODAY - 3:00 p.m. EST
Posted on January 29, 2008As a follow-up to Michael Solomita's and Steven Gauthier's January 23, 2008 guest post titled, "Learning from Qualcomm's Discovery Errors" is today's Sedona Conference's "Voices from the Desert" program on the court's e-discovery sanctions order...
Business Methods: Patenting Computer and Machine Implemented Inventions Since Nuijten and Comiskey
Posted on January 29, 2008Charles R. Macedo of Amster, Rothstein & Ebenstein, LLP is going to be speaking at a webinar being sponsored by the World Research Group ("WRG") on February 14, 2008 at 12:00-1:15 EST titled, "Business Methods: Patenting Computer and Machine Implemented Inventions Since Nuijten and Comiskey...
ITC Probes Samsung-Sharp LCD Patent Dispute
Posted on January 28, 2008EE Times Asia reported on January 24, 2008:The U.S. International Trade Commission (ITC) it will investigate imports of TVs and other goods containing LCD devices made by Sharp Corp., according to an Associated Press report. Samsung Electronics Co. Ltd requested the investigation last month, alleging that Sharp's LCD devices infringed on four Samsung patents...
docstoc is Source of 55,000+ Free Legal Forms and Business Documents
Posted on January 25, 2008Docstoc is a community of users sharing their professional documents. They have thousands of legal and business documents that can be downloaded for free. How can I use Docstoc for my own Benefit? You can easily find high quality, free legal and business documents...
Japan to Block Some Nanya DRAM Chips After Fujitsu Complaint
Posted on January 24, 2008Martyn Williams of IDG News Service writes today, January 24, 2008, at InfoWorld:Japan will block imports of some memory chips produced by Taiwan's Nanya Technology after local chip-maker Fujitsu lodged a request with the country's customs authorities...
LEARNING FROM QUALCOMM'S DISCOVERY ERRORS
Posted on January 23, 2008The following guest post is by Michael V. Solomita and Steven B. Gauthier of Amster, Rothstein & Ebenstein LLP (Michael V. Solomita is Partner and Steven B. Gauthier is an Associate. They may be reached at msolomita@arelaw.com and sgauthier@arelaw...
DTL Licenses Key Cell Phone Patent to Ericsson
Posted on January 22, 2008The following is excerpted from a press release that appeared today, January 22, 2008 at Business Wire:General Patent Corporation International (GPCI), a leading patent licensing and enforcement firm, announced today on behalf of its client, Digital Technology Licensing LLC (DTL) that it has licensed a key cell phone patent to Ericsson, Inc...
23rd Annual Intellectual Property Law Conference
Posted on January 21, 2008The American Bar Association is hosting the "23rd Annual Intellectual Property Law Conference" in Arlington, Virginia on April 10 - 12, 2008.Now in its 23rd year, the Annual Intellectual Property Law Conference of the ABA Section of Intellectual Property Law provides a gathering of the foremost authorities on the state of intellectual property law, including judges, government officials, in-house counsel, academics, and private practitioners...
China Gets Ready for National IP Strategy
Posted on January 18, 2008Peter Ollier of Managing Intellectual Property wrote on January 14, 2008:A key committee in China's parliament has approved changes to a draft law that deals with innovation in the country, a move that commentators say signals final preparations before the publication of the long-awaited National IP Strategy...
How to Effectively Litigate a Case of Active Inducement
Posted on January 17, 2008As mentioned in my January 7, 2008 post, H. Keeto Sabharwal and Melissa D. Pierre of Blank Rome LLP presented "How to Effectively Litigate a Case of Active Inducement" at the Advanced Patent Law Institute.35 U.S.C. § 271(b) states, ?Whoever actively induces infringement of a patent shall be liable as an infringer...
WILL THE SUPREME COURT CLARIFY THE EXHAUSTION DOCTRINE?
Posted on January 16, 2008This guest post is authored by Charles R. Macedo, Esq., Joseph Casino, Esq., Michael Kasdan, Esq., and Howard Wizenfeld, Esq. (Messrs. Macedo and Casino are partners, and Messrs. Kasdan and Wizenfeld are associates at Amster, Rothstein & Ebenstein, LLP...
Google's Response to Patent Infringement Litigation
Posted on January 15, 2008The following is an excerpt from a post today, January 15, 2008, at PageTraffic Blog:During November last year Boston's Northeastern University and technology company Jarg sued Google for patent infringements. Now we have a response from Google, and it's an outright denial of the charges leveled against them...
What Makes a Compound Obvious?
Posted on January 14, 2008A reader has posited the following scenario:If there is a patent claiming a composition consisting of A and B ingredients. wherein by adding B ingredient, the efficacy of A is enhanced.In this case if we are able to find a patent or research articles talking about the combination of A and B, but they do not say anything about an "increase in efficacy," then: 1) Is this information sufficient to invalidate the said patent?2) Should we consider composition application or property during invalidation searches or not?Since I am not an attorney, I asked Jim Singer, a friend, fellow blogger (IP Spotlight) and partner with Pepper Hamilton LLP, to respond...
IS THE SUPREME COURT REVIVING THE EXHAUSTION DOCTRINE?
Posted on January 11, 2008This guest post is authored by Michael J. Kasdan, Esq. and Charles R. Macedo , Esq. (Mr. Macedo is a Partner and Mr. Kasdan is an Associate with Amster, Rothstein & Ebenstein, LLP. They can be reached at cmacedo@arelaw.com and mkasdan@arelaw...
KSR Update: Withstanding the Obviousness Challenge
Posted on January 10, 2008World Research Group is hosting a webinar titled, "KSR Update: Withstanding the Obviousness Challenge" on January 24, 2008. John Richards of Ladas & Parry LLP will present the program. OverviewIn what may be the most important patent case in the last 20 years, The Supreme Court recently sided with The Federal Circuit?s critics who claimed The Circuit?s interpretation of what should be patentable was too liberal...
More on Reexamination
Posted on January 09, 2008As a follow-up to yesterday's post, I heard from Dale Carlson at Wiggin and Dana LLP on a more recent article he co-authored with Robert Migliorini titled, "Patent Reform at the Crossroads: Experience in the Far East with Oppositions Suggests an Alternative Approach for the United States...
Patent Reexamination Statistics
Posted on January 08, 2008A reader posed a few questions about patent reexamination yesterday. The questions were: Is there any statistical data out there on how quickly reexamination happens? Whether the litigation is put on hold (stay)? What percentage of reexaminations hold the patent invalid? What is the average length of a reexamination? I did some brief research and uncovered the following: Ashley N...
Advanced Patent Law Institute
Posted on January 07, 2008The University of Texas School of Law and the George Mason University School of Law are presenting the 2008 "Advanced Patent Law Institute" in Alexandria, VA on January 10-11, 2008 at United States Patent & Trademark Office. Friend and client, Keeto Sabharwal, a partner with Blank Rome LLP in Washington, D...
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can you patent the idea of letting, for a proper price, adults direct a porn scene for there own possesion over the internet or in person? A scene witch will be a one of a kind and owned by them without the ability for r
Probably not, as it's already been done....
Should I copyright software I developed?
Depends on whether you are concerned that someone might make unauthorized copies...
Will vonage go bankrupt as a result of the Verizon patent suit over VOIP technology?
Vonage will most certainly be bankrupted if it doesn't sell itself first. I...
How does one get a patent?
Contact the patent office for your state or country (you can look this up throug...
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