Recent Analysis
False Marking
Posted from Patent Law Blog (Patently-O) 218 days ago
Patent Law : Analysis
A US patentee can only recover damages for patent infringement activity that occur after the infringer is notified of the infringement. The major exception to this limit on damages is through marking of goods. Goods that are properly marked as... (original story)
Patently-O Bits and Bytes No. 30
Posted from Patent Law Blog (Patently-O) 224 days ago
Patent Law : Analysis
Standard Setting & Patents: The Court of Appeals for the District of Columbia has overturned an FTC monopolization ruling against Rambus. The FTC had found that Rambus deceptively failed to disclose its patentable DRAM technology to the JEDEC standard-setting body.... (original story)
Interview Before The Examination ("First Action Interview Pilot Program")
Posted from Patent Law Blog (Patently-O) 232 days ago
Patent Law : Analysis
By my count, well over eighty percent of patent applications are initially rejected by the PTO. Yet, most applications eventually result in an issued patent. Many of the rejected patents are amended slightly. It is unclear, however, if those amendments... (original story)
Preamble Not Limiting in This Case (Despite Being Added in OA Response)
Posted from Patent Law Blog (Patently-O) 233 days ago
Patent Law : Analysis
Symantec Corp. v. Computer Associates (Fed. Cir. 2008) The district court granted summary judgment of non-infringement to the defendant CA. On appeal, considers preamble claim construction and also examines the defense of laches, inequitable conduct, and inventorship. This is the... (original story)
Patentee has no "Presumption of Priority" Unless Specifically Adjudged by the PTO During Prosection
Posted from Patent Law Blog (Patently-O) 235 days ago
Patent Law : Analysis
PowerOasis v. T-Mobile (Fed. Cir. 2008) The district court granted summary judgment to T-Mobile — finding the PowerOasis cell-phone vending machine patents invalid. The patent family history includes a continuation-in-part (CIP) preceded by a continuation and an original utility patent... (original story)
Patently-O Bits and Bytes No. 27
Posted from Patent Law Blog (Patently-O) 238 days ago
Patent Law : Analysis
Five years ago, Ryan Grace proposed to his wife, and two hours later filed a patent application on his successful method. Now, Mr. Grace is a happily married patent attorney with an abandoned patent application. [BIO] The DataTreasury taking provision... (original story)
Patent Assignment Must be in Writing; But Some Transfers are not Assignments
Posted from Patent Law Blog (Patently-O) 241 days ago
Patent Law : Analysis
Akira Akazawa v. Link New Tech (Fed. Cir. 2008). Yasumasa Akazawa was the inventor and owner of a patent covering a new way to change engine coolant. When he died intestate in 2001, his wife and daughters inhereted his entire... (original story)
Re-Litigating Gorham v. White: Design Patents at the Supreme Court
Posted from Patent Law Blog (Patently-O) 245 days ago
Patent Law : Analysis
Saint-Gobain Calmer, Inc. (now MeadWestvaco Calmer) v. Arminak & Associates, Inc. (on petition for certiorari 2008) In 2007, the Federal Circuit dealt a serious blow to design patent protection by determining that an intermediate corporate purchaser is the “ordinary observer”... (original story)
Patently-O Bits and Bytes No. 25
Posted from Patent Law Blog (Patently-O) 252 days ago
Patent Law : Analysis
Japanese Patents: Fordham’s new IPLJ blog wrestles with my question: “Why are relatively few non-Japanese applications filed in Japan?” [IPLJ][Patently-O] On the Radio: Legal Talk Network on Patent Troll Tracker: Ray Niro and I were guests on the internet radio... (original story)
Patently-O Bits and Bytes No. 23
Posted from Patent Law Blog (Patently-O) 261 days ago
Patent Law : Analysis
Chicago Lawyers' Committee for Civil Rights v. Craigslist, Inc., 2008 WL 681168 (7th Cir. March 14, 2008) (“Using the remarkably candid postings on Craigslist, the Lawyers’ Committee can identify many targets to investigate. It can dispatch testers and collect damages... (original story)
Troll Tracker, Defamation, and Splitting the Bar
Posted from Patent Law Blog (Patently-O) 268 days ago
Patent Law : Analysis
Rick Frenkel – who until recently was known only as the Patent Troll Tracker – has now been sued for defamation by two Eastern District of Texas lawyers: Johnny Ward, Jr. and Eric Albritton. Frenkel recently revealed himself as an... (original story)
BlackBerry inventor escapes UK patent fees
Posted from OUT-LAW.COM :: Patents 274 days ago
Patent Law : Analysis
Patently-O Bits and Bytes
Posted from Patent Law Blog (Patently-O) 274 days ago
Patent Law : Analysis
March 6, 2008, I will be the keynote speaker at the Missouri Inventor of the Year award program sponsored by the Bar Association of Metro St. Louis (BAMSL). I look forward to seeing my fellow Missourians there. 6:00 PM in... (original story)
Declaratory Judgment Jurisdiction: Later Filed Lawsuit by Patentee Serves as Admission that an Actual Controversy Exists
Posted from Patent Law Blog (Patently-O) 276 days ago
Patent Law : Analysis
Micron v. Mosaid (Fed. Cir. 2008) Of the four major DRAM manufacturers. MOSAID first sued Samsung. On the day that MOSAID settled with Samsung, the patent holder sued Hynix, then sued Infineon and settled. After a series of communications, Micron... (original story)
EU Parliament demands action on criminal IP penalties
Posted from OUT-LAW.COM :: Patents 279 days ago
Patent Law : Analysis
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