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Patent Law

Philip Brooks’ Patent Infringement Updates

Patent litigation and related news.
By Philip Brooks

Post Frequency: 4.3/day

Last Entry: May 24, 2010 at 12:52:16

IPO Annual Meeting

Posted on September 02, 2008
The 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, 2008
Strafford 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, 2008
The 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, 2008
The 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...

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Star Scientific Case Reversed and Remanded by Court of Appeals

Posted on August 26, 2008
The 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, 2008
Gene 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, 2008
This 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, 2008
The 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, 2008
An 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, 2008
Aaron 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, 2008
The 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, 2008
Round 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, 2008
Judge 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, 2008
IncreMental 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, 2008
The 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, 2008
The 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, 2008
The 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, 2008
From 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, 2008
Sencer 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, 2008
The 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, 2008
I 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, 2008
The 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, 2008
The 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, 2008
Today 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, 2008
Ina 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, 2008
I 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, 2008
The 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, 2008
The 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, 2008
A 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, 2008
The 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...

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