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Last Entry: January 04, 2009 at 09:49:22

Not Enough Nexuses for Daubert.

Posted on January 04, 2009
In Rambus v. Hynix, 5:05CV334 (N.D. Cal. Dec. 29, 2008), at docket entry #2997, Judge Whyte largely rejected proffered expert testimony on the “secondary considerations” that indicate nonobviousness. A showing of these indicia of nonobviousness has grown in importance since the Supreme Court lowered the pedal against obvious combination patents, in KSR v...

Attorney, Newly Merged In, and Entire Firm Disqualified in DRAM suit.

Posted on December 18, 2008
After some 350 docket entries, a firm that was representing certain opt-out plaintiffs in the DRAM antitrust case was disqualified in Unisys Corp. v. Hynix Semiconductor, Inc., 3:06-CV-2915 (N.D. Cal. 12/18/2008). The D.C. firm had merged in a California firm in Oct...

Last Season’s Patented Gift Suggestions.

Posted on December 18, 2008
It is remarkable how many patents get issued, either (i) just before the calendar year closes or (ii) within 90 days before the application is pending 36 months. Due to postulate (i), many patents (over 3500 last year) actually have an issue date of December 25th...

Alleged Infringing Gift Can Say “You’re Not Fat.”

Posted on December 16, 2008
The prior post about magnetic toy blocks might not have suggested a preferred embodiment for a gift to/from a patent attorney. Consider then, the alleged infringing “Bodyfat Analyzer and Scale” products in the recent suit, Tanita Corp. v...

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Video of Expert Succeeds in Low-Tech IP Case.

Posted on December 12, 2008
It should be presumed that every patent attorney and agent developed some degree of skill in the art of assemblages made from Lego, Erector Set, perhaps Lincoln Logs - but, expertise? That perceived set of skills can be challenged when the side of a toy box depicts marvelous and majestic assemblages, which ‘you can build’ [...

SDCal Allows Subject-Matter Conflict Suit To Proceed.

Posted on December 08, 2008
Claims for alleged breach of fiduciary duty proceeded past summary judgment motions in Vaxiion Therapeutics v. Foley & Lardner, 3-07-CV-280 (S.D. Cal., Dec. 4, 2008). A subject-matter conflict, or technology conflict, was alleged based on patent attorneys in the firm’s San Diego and D...

The Mark IV Procedure: USMJ, USDJ, Markman, CAFC, then Reducere?

Posted on December 04, 2008
It was Judge Longobardi in Delaware who I recall asking: ‘how many times do you patent attorneys expect me to try your case?’ What recalled that was the Magistrate’s R&R preliminarily construing claims terms for the District Judge to use on a preliminary injunction motion in Symbol Technol...

Standards Setting Decision of Federal Circuit Will Guide NDCal Antitrust Cases.

Posted on December 02, 2008
Technology standardization is viral to expanding tech markets. Offering standardized components or end-use products can enable multiple entrants to gain access to emerging markets. Countervailing concerns, arising from patent rights bundled into standards, were adjudged and affirmed in the Federal Circuit’s ruling in Qualcomm v...

Trade Secrets Circulated Under NDAs, and False Advertising Claims Survive Summary Judgment.

Posted on November 26, 2008
Silicon Image v. Analogix, 3:07-CV-0653-JCS (N.D. Cal. 11/21/2008). Competitors in the HDMI interface market got into suit when Silicon tried to enjoin Analogix? chips that allegedly embodied trade secrets and infringed copyrighted source code. In January, the injunction was denied, and early trial date was set...

J. Whyte Navigates GPS Patent Tying Case.

Posted on November 24, 2008
Tele Atlas NV v. NAVTEQ, 5:05-CV-1673 (N.D. Cal. 10/28/2008). To win share in the dashboard GPS device market requires functional software and up-to-date mapping data. With both, men need never to stop and ask directions. Allegedly, Navteq tied licenses for key map display patents with purchases of its map databases...

State of the Net West 2008

Posted on September 22, 2008
In August The Congressional Internet Caucus Advisory Committee in collaboration with the High Tech Law Institute at Santa Clara School of Law hosted the 2nd Annual State of the Net West Conference

From Net Neutrality to Internet for Everyone

Posted on July 02, 2008
Internet for Everyone is cleverly tying Net Neutrality to broadband growth in America. Do the telcos have a comeback?

Big Telcos Try to Avoid Being Dumb

Posted on June 08, 2008
The telco giants are facing increased Congressional scrutiny and class action lawsuits. When will they stop giving Net Neutrality proponents ammunition?

Judge Alsup Rejects Derivative Lawsuit Settlement

Posted on June 06, 2008
Judge Alsop gets some attention from Law.com.

DRM Not Dying, Just Resting

Posted on May 09, 2008
Think DRM is dead? Think again. Or read what the RIAA thinks and continue to think what you already thought.SHARETHIS.addEntry({ title: "DRM Not Dying, Just Resting", url: "http://www.techlawforum.net/internet-policy/net-law/drm-not-dead-just-resting/" });

Applera Corp v. Illumina Inc Claim Construction

Posted on May 02, 2008
Judge Alsup construes six terms relating to "oligonucleotide probe" in this patent infringement lawsuit.SHARETHIS.addEntry({ title: "Applera Corp v. Illumina Inc Claim Construction", url: "http://www.techlawforum.net/patent-reform/district-court/applera-illumina-claim-construction/" });

March 27 - Record Companies Haul Out the Knives

Posted on April 15, 2008
Nineteen copyright infringement filings in one day show the recording industry hasn't given up on taking down John Doe.SHARETHIS.addEntry({ title: "March 27 - Record Companies Haul Out the Knives", url: "http://www.techlawforum.net/patent-reform/district-court/march-27-record-companies-haul-out-knives/" });

NBC Universal Cozies Up to YouTube Pirates

Posted on April 14, 2008
Posting a Saturday Night Live skit to YouTube provokes an unexpected reaction from NBC Universal.SHARETHIS.addEntry({ title: "NBC Universal Cozies Up to YouTube Pirates", url: "http://www.techlawforum.net/internet-policy/net-law/nbc-universal-you-tube-pirates/" });

Who is Suing Who — Late March IP Filings in ND Cal

Posted on April 14, 2008
Levi Strauss, Symantec, Sun, and all your other favorites in copyright, patent, and trademark action.SHARETHIS.addEntry({ title: "Who is Suing Who — Late March IP Filings in ND Cal", url: "http://www.techlawforum.net/patent-reform/district-court/ip-filings-nd-cal-late-march/" });

Claim Construction in Exonhit Therapeutics v. Jivan Biologics

Posted on April 10, 2008
What does a "region of variability" mean? Judge Alsup tells us.SHARETHIS.addEntry({ title: "Claim Construction in Exonhit Therapeutics v. Jivan Biologics", url: "http://www.techlawforum.net/patent-reform/district-court/exonhit-jivan-claim-construction/" });

Judges in Conflict â?? Dismiss for No Rights in the Patent?

Posted on April 08, 2008
Judge Alsup comes to a different conclusion than Judge Wilken under similar facts.SHARETHIS.addEntry({ title: "Judges in Conflict â?? Dismiss for No Rights in the Patent?", url: "http://www.techlawforum.net/patent-reform/district-court/quantum-v-riverbed-motion-to-dismiss/" });

The Fight for No. 2 Heats Up

Posted on April 07, 2008
The takeover battle between Microsoft and Yahoo just got a bit more heated.SHARETHIS.addEntry({ title: "The Fight for No. 2 Heats Up", url: "http://www.techlawforum.net/internet-policy/net-law/fight-for-second-to-google/" });

Who is Suing Who — New IP Filings in ND Cal

Posted on April 07, 2008
More IP filings from ND California. Virgin Records, Warner Bros., KLA-Tencor, Macrovision, eBay, Adobe, and more of your favorite plaintiffs and defendants.SHARETHIS.addEntry({ title: "Who is Suing Who — New IP Filings in ND Cal", url: "http://www...

Injunction Denied Because Defendants Won’t Infringe Anymore Anyway

Posted on April 02, 2008
The plaintiff in the Nichia Corp. v. Seoul Semiconductor, Ltd. case was denied a permanent injunction because it could not show it has suffered irreparable harm or that it will likely suffer irreparable harm.SHARETHIS.addEntry({ title: "Injunction Denied Because Defendants Won’t Infringe Anymore Anyway", url: "http://www...

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