links for 2008-10-31
Posted by Douglas Sorocco, October 31, 2008 at 6:00 am
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phosita ::: quick links for 2008-04-07
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An interesting published patent application – including a means for making a marriage proposal.
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U.S. Senate negotiators are getting closer to hammering out disagreements that are holding up a patent system overhaul, but President George Bush’s administration still has concerns about the bill, an administration official said Friday.
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As a tablet PC owner and enthusiast – interesting to know that there is a potential patent portfolio that may require licensing by Microsoft.
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ACLU filed a friend of the court brief urging CAFC to uphold the denial of a patent they claim would violate freedom of speech. ACLU argues that the inventor is seeking a patent for an abstract idea that is not patentable under the First Amendment.
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University of Florida professor Michael Moulton thinks copyright law protects the lectures he gives to his students, and he’s headed to court to prove it.
Posted by Douglas Sorocco, April 7, 2008 at 6:33 am
Permalink: phosita ::: quick links for 2008-04-07
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phosita ::: quick links for 2008-03-31
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A snarky take on CNET’s interview with USPTO Commissioner Dudas – and yes, he used the term “trolls”.
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The Sturgis Area Chamber of Commerce filed a trademark infringement lawsuit against a motorcycle rally in Kentucky without the city of Sturgis’ knowledge or consent, according to a release from the city.
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“In case you were thinking of building your own atom bomb, you may want to weigh your intellectual property liability. It seems there are over 2000 patents covering the atom bomb.
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In a Markman hearing or brief, you really shouldn’t state – “Nothing herein should be construed as an admission by BSN.” Could they not have found a better source than Wikipedia?
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“By providing no affordable alternative to settle patent disputes – and no real penalties for those who deliberately rip off a patented idea – the system actually puts a patent-holder’s property at greater risk.”
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(IPO) has made a call to arms agains the patent reform legislation in the Senate (S.1145), which may be considered for a vote within the next few weeks. IPO is all-out against the dreaded Applicant Quality Submissions (AQS).
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Interesting concept – anonymous insight and rankings of patent Examiners. It could get testy and there are already a couple of snarky comments. Will it be informative or simply a place to rant? I wonder how many internal versions exist of this …
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Looking for photos to use in your blog etc? This tool allows you to search flickr tags – including an option to only return Creative Commons licensed images. Check each individual image for limitations – but most allow for non-commerical use.
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If the judge asks for help, be helpful. “The record reveals that counsel made little effort to simplify the case, but instead presented the district court with a firestorm of issues and arguments… and an aggressive use of statements in that record …”
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Good for this blog for correcting the erroneous assertion that a patent was invalidated. Rejections do not equal invalidated. It ain’t ever over in the USPTO until the “appropriately sized for her” lady sings…
Posted by Douglas Sorocco, March 31, 2008 at 6:35 am
Permalink: phosita ::: quick links for 2008-03-31
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phosita ::: quick links for 2008-03-25
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No more blogging anonymously, as the author of Patent Troll Tracker did at first. Blogs relating to Cisco’s operations must state that the author is a Cisco employee and that Cisco doesn’t necessarily share the opinions put forth.
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An online calculator for patent attorneys, businesses and inventors determine the expiration date and maintenance fee dates for United States utility patents.
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You are a European institution, the European Central Bank, and you seek the invalidation of what has been granted as a valid right by another European institution, the European Patent Office (EPO).
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Good post (and comments) on the pros and cons of including claims in provisional patent applications.
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There is so much wrong in this I don’t even know where to start – good for a laugh if nothing else.
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A good response to the “laughable link” in this list. All some business owners should look at this from Knobbe Martens.
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Interesting debate over whether the costs of patents are worth it – using IBM’s licensing revenues as a straw man.
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“Let me explain why the marketing expert early on is so important. Then you can see how you can use this concept to help spur on success in your inventing and patenting activities as well.”
Posted by Douglas Sorocco, March 25, 2008 at 6:21 am
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phosita ::: quick links for 2008-03-24
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Major patent Offices are looking at ways of sharing search and examination reports in order to reduce the unnecessary duplication of work as far as possible. The PCT was specifically designed to address this issue, and yet it is not being routinely used.
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The Life Sciences Symposium on public policy patent landscaping in the life sciences is taking place within the context of a cooperation program between the FAO and WIPO on patent landscaping for policymakers.
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Bio, which favors strict protection, versus tech, which relies on speed to market. “We may go 10 to 15 years to develop a drug,” he said. “They’ve got to get out to market quickly to sell as many widgets as possible until it becomes obsolete.”
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Patent attorneys are hailing the Western District of Wisconsin as the nation’s newest so-called rocket docket, characterized by speedy trials and a jury pool friendly to patent holders.
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The US patent and trademark office has upheld stem cell patents held by the University of Wisconsin alumni association, or WARF.
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The U.S. International Trade Commission said it would launch an investigation into some 30 companies including Sony Corp on possible patent infringements related to Blu-ray disc players and other products.
Posted by Douglas Sorocco, March 24, 2008 at 6:25 am
Permalink: phosita ::: quick links for 2008-03-24
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phosita ::: quick link for 2008-03-22
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Very good overview of the legal difference between “buying” a book and “licensing” the content of a book. Add in some discussion of the first sale doctrine and you have an overall good outline of copyright and eBook concerns.
(tags: ebook)
Posted by Douglas Sorocco, March 22, 2008 at 6:18 am
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phosita ::: quick links for 3/16/2008
March 14, 1899: Zeppelin Gets Patent for a Really Big Idea
- Yes, I am a couple of days late on this one… but I think it was a good way to start a new week: let’s talk about blimps. On March 14, 1899 – Count Ferdinand von Zeppelin received a U.S. patent for his rigid airship design. And no – he wasn’t a member of the rock band.
Did Konami Inspire Gibson’s Patent Suit? | Kotaku Australia
- Well, the ongoing saga continues of the patent infringement action that Gibson Guitar filed against the Guitar Hero franchise. Add a little bit of obsession and a dose of paranoia, and you can come up with all kinds of theories.
- No longer will we be idle, and watch as our community goes without representation in the United States of America.
Prank Makes Music Downloaders Wet Pants
- For nearly a century, Standford University’s humor magazine – Chaparral – has published a fake edition of the Stanford Daily, the university’s newspaper, on the Monday of the week preceding winter quarter exams. This year’s effort was the first to include a Web site designed by a computer science major to accompany the main headline article about Stanford disclosing information on students who had been downloading music illegally. When students typed in their name at http://riaa.stanford.edu to see if they were likely to be contacted by the Recording Industry Association of America, a program told half the students they were in trouble. While randomly assigned, the response remained consistent regardless of how many times a student checked his name.
WIPO and Kellogg School of Management Offer IP Management Program
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As a response to the growing demand from the business community for executive programs on Intellectual Property (IP) management, the WIPO Worldwide Academy and the Kellogg School of Management – a leading business school – have teamed up for the second year running to offer the 2008 executive program on “Strategies for Management of Intellectual Property”.
A press release by WIPO stated that this year’s program will be held at the Kellogg Campus in Chicago from June 9 to 12, 2008. The course will offer an opportunity to gain a practical understanding of the various strategies and approaches to enable effective development and optimization of a company’s intellectual property assets, to formulate effective IP-focused business strategies and to successfully negotiate IP licensing agreements with business partners.
Universities in India May Soon Own Patent Rights
- The Indian government is likely to enact a law to create uniform legal framework for government-funded research and give universities and research institutions ownership and patent rights for their innovations.
Companies see red over rights to the color magenta or use of stripes – International Herald Tribune
- A legal fight in the Netherlands – between Deutsche Telekom and Compello – over the use of the color magenta is pushing the boundaries of trademark law in the European Union.
- “Brands are in a position of power, and they need to act maturely rather than immaturely,” said Paul Hughes, the creative director of Lava Graphic Design in Amsterdam, which last autumn organized the Free Magenta campaign that quickly spread through the blogosphere. “You’re limiting what others can do. You’re limiting the environment.”
Patent filing shows DVR for Apple TV – The Unofficial Apple Weblog (TUAW)
- Because, the AppleBorg says I must mention it…..
Posted by Douglas Sorocco, March 16, 2008 at 7:58 pm
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PHOSITA ::: Quick Links for 03/15/2008
MyFox Kansas City | Guitar Manufacturer Claims ‘Guitar Hero’ Patent Violation
- Gibson Guitar Inc. has filed a claim that Activision’s popular ‘Guitar Hero’ franchise violates a 1999 patent held by Gibson for “technology to simulate a musical performance.”
Patent Infringement Claim Directed at iTunes, iPod by Zapmedia
- Another day, another patent lawsuit against Apple – and they even filed in the Eastern District of Texas! Apple is being sued by ZapMedia based on a claim that the online iTunes store as well as the iPod were infringements of ZapMedia’s patents on a system for distributing media assets to devices via a synchronized portal.
Spitzer Call Girl Claims MySpace Photos Published in Violation of Copyright
- You gotta love a good sex scandal – especially one involving violations of copyright law (don’t they all?) According to the Call Girl’s attorney, Don D. Buchwald, said she did not consent to the use of fairly risque photographs by several news organizations, and the usage may be a violation of federal copyright laws.
The Visible Hand: Why India needs to possess- Hindustan Times
- Intellectual property today is at a similar juncture. It is arguable
that over the years the income that accrues from intellectual property will outstrip the income from labour and land. That being so, it is important for today’s poor nations to encourage inventive activity and then to establish rights over those.
Patent Baristas » Patent Office Will Now Require Biological Deposits Before Publication
- The good folks at Patent Baristas have a well informed post about the new proposed biological deposits requirements being promulgated by the USPTO. The proposed rules would require:
(1) that any deposit of biological material be made before publication of a patent application; and
(2) that all restrictions on access to the deposited material imposed by the depositor be removed upon publication.
Posted by Douglas Sorocco, March 15, 2008 at 10:30 pm
Permalink: PHOSITA ::: Quick Links for 03/15/2008
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Them’s fightin’ words
Check out this week’s WAR OF THE WORDS:
Businessweek reports that in Beijing, China, a pharmaceutical company was refused permission to use the name of a disgraced official as a trademark to sell rat poison.
Forbes reports that Jimi Hendrix’s sister, Janie Hendrix, is suing a Seattle company, which is backed by other relatives, for using the legendary guitarist’s image to sell vodka under the name Electric Hendrix.
The Hill reports that two well-known business trade associations, namely the U.S. Hispanic Chamber of Commerce and the U.S. Chamber of Commerce, are embroiled in a legal battle as to the right to use the words “United States” and “chamber of commerce.”
JSOnline reports a “food fight” between Palermo’s Pizza and Trader Joe’s. The complaint claims that Trader Joe’s Pizza Palermo frozen pizzas are trading unfairly on the Palermo’s Pizza frozen pizza brand. The fun twist to this story is that Palermo is not only the last name of the family that owns the company that makes Palermo’s Pizza, Palermo is also a city in Sicily, Italy, having a style of pepperoni pizza distinctive to the region.
Posted by Douglas Sorocco, March 9, 2007 at 3:30 pm
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phosita ::: November, 2005 top ten
November was a slow month around here – it was a month of changes for PHOSITA and DCR and in the fray, the frequency of posts slowed a bit.
Melody Wirz moved to a new firm in Houston (new email) and we all wish her the best of luck. Matt Buchanan began the process of moving his practice to DCR – and I will post more about the process and initial outcomes on Monday.
Overall, I am still amazed that the Apple post is still raking in hits in November since it was originally posted way back in August. If you are staring a new blog, post about either Microsoft, Apple and patents and you will have visitors galore!
PHOSITA’S NOVEMBER 2005 TOP 10 POSTS
Posted by Douglas Sorocco, December 4, 2005 at 9:47 am
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