Appeal Number: 15-5053Continue Reading ...
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Appeal Number: 15-1145Continue Reading ...
Patent Focus for June 8: recent local patents awardedRichmond.comThe following shows recent patents awarded to people or companies in central Virginia. Listed are the name of patent, the patent number, name of the local inventor and his or her locality…Continue Reading ...
Daily MaverickGroundUp: Where have all the medicines gone, long time passing?
Drug shortages in South Africa’s health facilities have become a crisis. GROUNDUP’S ASHLEIGH FURLONG and NATHAN GEFFEN report that Stanger Hospital and health facilities in Ilembe District KwaZulu-Natal are out of stock of over 200 products …
Seeds of doubt: Monsanto never had Bt cotton patentTimes of IndiaNAGPUR: Fourteen years after US multinational Monsanto brought the genetically modified (GM) Bt Cotton (Bollgard) to India, there is no clarity on the discovery having ever been patented …Continue Reading ...
We sometimes get accused of being opposed to patent reform in the US. But this is not an accurate portrayal of our position. It is a little more nuanced than that. We not only believe that the US patent system – for all its flaws – ha…Continue Reading ...
The Daily Herald published Patent Death squad causes a ruckus , picked up from Bloomberg, which included the text
“I can’t see how it’s anything but an overwhelming success,” said Dana Rao, associate general counsel for Adobe Systems Inc., which has been on both sides of petitions before the agency. “The negatives I’ve heard are hypothetical or theoretical and all the positives are real.”
The idea that the “negatives” are hypothetical is false.
**Acorda stock did drop around 10% after Kyle Bass filed an IPR against patent claims related Acorda’s MS drug Ampyra (active ingredient 4-amino pyridine).
**As to the impact on smaller companies defending against multiple IPR filings, see the IPBiz post
Gevo suffers losses to Butamax at PTAB with the text
In a decision filed March 3, 2015 on an IPR filed by Butamax against Gevo’s US patent 8,273,565, the PTAB found contested claims invalid. Butamax wins. Part of the decision involved a lack of support in provisional applications for later-filed claims. See IPR 2013-00539. The decision was written by Judge Kerry Begley.
Of relevance to this loss by Gevo, note the document at
which suggests Gevo may not have the resources to continue fighting.
The price of an IPR may be at a “sweet spot” that is not too expensive for big companies but far too expensive for little companies.
**Of the Bloomberg text
An alliance of tech companies and retailers, meanwhile, argued in a letter Monday [1 June 2015] to top Republicans and Democrats on the House and Senate judiciary committees that the reviews help winnow bad patents by having the agency scrutinize its own original work and correcting mistakes.
–> As to “correcting mistakes,” Judge Newman has noted how rare it is for amendments to be made in IPR contexts, so IPR is NOT about correcting mistakes.
–> As to a patent quality issue, recall the earlier IPBiz post
Demise of the (anti-)Doughnut campaign: a parable of patent reform?
An AP story notes that doughnut selling lawyers were partly to blame for the demise: A county commissioner who owns a doughnut shop and two lawyers who own a new Dunkin’ Donuts on Panama City Beach turned against him … After the lawyers threatened to sue, his bosses at the Florida Health Department made him remove the anti-fried dough rants and eventually forced him to resign, [Newsom] says.
This little story evokes themes in the story of patent reform, although the patent reform saga has added complexity. In patent reform, the big doughnut sellers (eg, IBM, Cisco) are complaining about the little doughnut sellers (“trolls”) and are trying to implement “reform” to favor the big doughnut sellers, rather than to get rid of the doughnuts. The popular press would have the public believe that the little doughnut sellers are the only ones selling doughnuts, and that “reform” will get rid of the doughnuts. Anybody who actually advocated getting rid of the doughnuts would meet the same fate as Dr. Newsom, likely from doughnut selling lawyers. Furthermore, the position of the big doughnut sellers would do significant harm to smaller vendors, who aren’t selling doughnuts at all.Continue Reading ...
The European Patent and Trademark Office revealed today that Apple’s iCloud trademark application that was originally filed in May 2015 has now been officially awarded the status of Registered Trademark (RTM).Continue Reading ...
During tomorrow’s WWDC 2015 keynote we’re bound to get an Apple Pay update that is likely to include a new rewards program. In addition, we’re likely to hear that Apple Pay is coming to the UK …Continue Reading ...
Appeal Number: 15-7048Continue Reading ...
Appeal Number: 15-3007Continue Reading ...
Who’s on First?, Patent Boxes, Chiraq: Intellectual Property
Patents. Swiss Corporate Tax Bill Would Give Break on Patent Royalties. The Swiss government has asked Parliament to vote on a bill that contains among its provisions preferential tax treatment for patent royalties. “The proposed measures are …
Business InsiderOne of the most taboo items in American culture has a convoluted history
Women in ancient Rome, it’s been said, fashioned their own tampons out of wool; Indonesian women are believed to have used vegetable fibers to staunch menstrual flow, while rolls of grass are said to have been used in parts of Africa. According to …
$$ In addition to the aforementioned operating data 43 (see FIG. 3) for use in controlling access to channels, the data in a channel can include brief programme scheduling data defining the scheduling of programmes in several of the channels as scheduling events. / チャネルへのアクセスの制御に使用する上記の操作データ４３（第３図参照）に加えて、チャネル内のデータは、いくつかのチャネルの番組のスケジューリングをスケジューリング事象として定義する、簡潔な番組スケジューリング・データを含むことができる。(USP02042917)
$$ Several of the possible liquid crystal cell and device configurations will now be described with reference to FIG. 13. / 有り得る液晶セル及び素子構成のいくつかについて、図１３を参照して以下に説明する。(USP7053975)
$$ Several of these are reviewed in "Sensorless Methods for Determining the Rotor Position of Switched Reluctance Motors" by W F Ray and I H Al-Bahadly, published in the Proceedings of The European Power Electronics Conference, Brighton, UK, Sep. 13-16, 1993, Vol. 6, pp 7-13, which is incorporated herein by reference. / いくつかの方法は、１９９３年９月１３日～１６日、イギリスのブライトンでの欧州パワーエレクトロニクス会議の中で発行された、W F RayおよびI H Al-Bahadlyによる“Sensorless Methods for Determining the Rotor Position of Switched Reluctance Motors”の第６巻第７ページ～第１３ページに記載されている。(USP6586903)
$$ Several of the physical layer functions require configuration data. (USP6691301)
$$ Several of the preferred formulations for the panel employ metal and metal alloy skins, or alternatively a carbon fiber reinforcement. (USP6332029)
$$ As shown in FIG. 1 several of the pleats 26 nearest to the end wall 17 are of the same width then, as the pleats get progressively closer to the end wall 15, the widths of the pleats progressively increases, as shown in FIG. 1. (USP5913342)
$$ Several such values could be commanded. / いくつかのそのような値を命令することができる。(USP8208874)
$$ There may be several such links between regions in pairs of images, and further multiple links to regions in other images in the database. / 画像の組の領域間にこのような複数のリンクがあり、さらにデータベース内の他の画像の中の領域に対する追加の複数のリンクがある可能性がある。(USP7593602)
$$ Where several external input signals already share a common external or internal data timing clock then there may effectively be several such "master" channels. / いくつかの外部入力信号が既に共通外部または内部データタイミングクロックを共用しておれば、このようないくつかの有効な“マスター”チャネルがあることがある。(USP7577260)
$$ It will be appreciated by the man skilled in the art that each trim panel would have several such trim fixing means spaced out along its length.(USP6145870)
$$ If the apparatus or several such apparatuses are being used additionally to level a towed vehicle, then each respective screwjack 15 can be screwed downwards appropriately until the floor 2 is horizontal. (USP5579862)
$$ FIG. 2, in general there will be several such terminals, including at least one terminal for each supplier wishing to use the system. (USP02072988)
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Federal Circuit Hears Oral Arguments in Litigation involving the First U.S. …The National Law ReviewOn June 3, 2015, a three-judge Federal Circuit panel comprising Judges Alan D. Lourie, Raymond T. Chen and Pauline Newman, struggled to understand the…Continue Reading ...
There is another suit in California over employee poaching and related trade secret theft.Solar Firm Slaps Rival With Trade Secret Suit observes that the complaint states: “Messer and Fong betrayed SunPower’s trust by stealing SunPower’s trade secrets…Continue Reading ...
Those who take a trademark course in law school usually are exposed to the Burger King case, relating to the first users of the Burger King trademark (in Mattoon, Illinois). The Mattoon users got to retain rights to Burger King mark around Mattoon, and the national chain elsewhere.
Now, there is a related fast food issue coming up with “Chicken Shack,” with the owners of “Shake Shack” moving in the chicken direction, and seeking a mark in “chicken shack,” even though there are prior users in the Detroit area.
The story is covered by Crain’s in the post Shake Shack seeks patent on use of metro Detroit Chicken Shack’s name
The looming trademark fight has a “big guy vs. little guy” theme, which relates to some of the issues presently facing
Congress in dealing with patent reform. From Crain’s:
If the trademark name battle did come to Chicken Shack’s own market, it may not be a question of legal standing as much as financial stamina, said Kenneth Dalto, owner of Farmington Hills-based Kenneth J. Dalto & Associates and a consultant in several industries including restaurants.
“Shake Shack did an IPO not even six months ago and they are sitting on some money right now,” he said. “It could hire a very powerful New York law firm if it’s intent on the brand, and Chicken Shack is a good family company, but maybe it doesn’t compete on that level.
“If it does get into litigation, right and wrong is hard to sort out sometimes. You’re still able to get the other company’s mind off of running its business and even if you lose it’s still a two-year battle.”
From the 2009 IPBiz post
Demise of the (anti-)Doughnut campaign: a parable of patent reform?
This little story evokes themes in the story of patent reform, although the patent reform saga has added complexity. In patent reform, the big doughnut sellers (eg, IBM, Cisco) are complaining about the little doughnut sellers (“trolls”) and are trying to implement “reform” to favor the big doughnut sellers, rather than to get rid of the doughnuts. The popular press would have the public believe that the little doughnut sellers are the only ones selling doughnuts, and that “reform” will get rid of the doughnuts. Anybody who actually advocated getting rid of the doughnuts would meet the same fate as Dr. Newsom, likely from doughnut selling lawyers. Furthermore, the position of the big doughnut sellers would do significant harm to smaller vendors, who aren’t selling doughnuts at all.
See also IPBiz post: Lerner says patent reform is “cold war”; IPBiz says “doughnuts!”
***As a headsup to trademark students, the original owners of the Mattoon Burger King sold out in 2015.Continue Reading ...
See Owners Of “Original” Burger King Sell Restaurant After Almost 60 Years In Business
Jane Pauley (not Charles Osgood) introduced the stories for 7 June 2015. Erin Moriarty does the cover story on Tyler Climenti, who was cyber-bullied. Title: In his name. Second, Anthony Mason on John Kander, up for a Tony on New York, New York. Third, Mo Rocca interviews Ben Vereen. Allusion to 1977 tv show Roots. Fourth, John Blackstone on California earthquakes. Lucy Jones on movie San Andreas. Fact from fiction? John LaPook. Martha Teichner. Steve Hartman.
Headlines: President Obama with Chancellor Merkel. Mourners for Beau Biden. Obama eulogy: lived life to fullest. He left nothing in the tank. Boston bat incident. Pictures of Charlotte with George. Belmont Stakes triple crown, first in 37 years. Weather: warmer in the east.
Clip: American Pharaoh worth 100 million as a stud.
First up was Michelle Miller on Belmont/American Pharoah. Victor Espinoza. Justin Zayat.
Sept. 22, 2010: Port Authority police called the Climenti family. Tyler was accomplished as a violinist. Older brother James. Evangelical Christian Church. In summer of 2010, James reached out to younger brother. Feb. 12: Dharun Ravi went on trial. At 8:42pm on Sept. 22: jumping off GW bridge. Now, parents speaking out against cyber-bullying. “Day 1″ campaign. Bystanders become upstanders. Don’t underestimate what your child is going through.
Almanac. June 7, 1843. Susan Elizabeth Blow born. Founder of kindergarten. 1873 St. Louis. Right of passage for five year olds. Robert Fulghum book. Movie: Kindergarten Cop. Now: 6 in 10 NOT enrolled in public kindergarten.
Wikipedia notes: Susan Elizabeth Blow (June 7, 1843 in Carondelet, St. Louis, Missouri – March 27, 1916 in New York City, New York) was a United States educator who opened the first successful public Kindergarten in the United States. She is known as the “Mother of Kindergarten”.
Martha Teichner. Madison Square Park public art. Theresita Fernandez. Fata Morgana. Art meant to be walked through. Reflective surface. Piece: Black Sun. Mass. MOCA. Got MacArthur genius grant. Artwork made of raw mined graphite.
Brooklyn studio. Finding your co-ordinates.
Anthony Mason. “The Visit.” 88 year old John Kander. Fred Ebb. First show: Flora, The Red Menace. Next: Cabaret. Chicago opened in 1975. Re-opened in 1996. Writing was always a good time. Songs for 1977 movie New York, New York. Robert DeNiro did not like initial opening song, led to New York, New York we know. Fred Ebb died in 2004. Unfinished musical: Curtain. I miss the music. New collaborator: Fred Pierce.
Steve Hartman in Los Cruces, New Mexico. Becky Garcia is librarian. Kitty condo. Sign out kittens. 100 kittens have been adopted from the library.
Dr. John LaPook on Marianne and Michelle joined twins in Haiti. Dr. Henri Ford, moved to Brooklyn in 1972. Now Chief of Surgery at Children’s Hospital in Los Angeles. Ford has been to Haiti more than 20 times since earthquake. “Partners in Health.” Teaching hospital. In surgery, team is color-coded. Seven hour procedure.
Moment of nature: High Falls State Park in GeorgiaContinue Reading ...