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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

IP Merchant Bank or Litigation?

Posted on November 25, 2008
A 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, 2008
Gene 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, 2008
The 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, 2008
A 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...

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More on In re Ciprofloxacin Hydrochloride Antitrust Litigation

Posted on November 19, 2008
Kevin 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, 2008
The 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, 2008
The 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, 2008
The 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, 2008
WizFolio 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, 2008
The 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, 2008
Ross 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, 2008
Professor 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, 2008
The 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, 2008
Strafford 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, 2008
Jacob 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, 2008
The 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, 2008
By 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, 2008
A 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, 2008
More 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, 2008
Thomson 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, 2008
I 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, 2008
The 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, 2008
Michael 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, 2008
The 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, 2008
The 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, 2008
Don 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, 2008
The 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, 2008
The 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, 2008
Pittsburgh-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, 2008
I 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,...

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