February 2010

The Final Say

Submitted by patentadmin on Wed, 02/24/2010 - 20:08

Of late, the C.A.F.C. has indicated that it considers many claims of inequitable conduct meritless and, as a result, that this defense to claims of patent infringement is “disfavored.” Well, maybe so, but apparently the word hasn’t gotten around to all of the district court judges, one of whom recently found three (3) patents unenforceable for this reason. (CCC Group Inc. v. Martin Engineering Co.)

Let’s Get Serious

Submitted by patentadmin on Wed, 02/24/2010 - 20:00

An extremely important case is presently pending in the U.S. District Court for the Southern District of New York. It raises the question whether isolated human genes comprise patentable subject matter under the patent law. (Association for Molecular Pathology et al. v. U.S. Patent and Trademark Office et al.)

Good Advice?

Submitted by patentadmin on Tue, 02/23/2010 - 08:50

People are always offering free advice. Frequently, it’s worth about what you paid for it. Recently, a partner in a well-respected law firm offered advice to recipients of letters from “Patent Trolls” inviting the recipient to license one or more patents. The advice, simply stated, was to run to the Patent Office and petition for inter partes re-examination of the subject patent(s). Good advice? Well, maybe. Even the author concedes, “there is no one-size-fits all solution.”

Play Nice

Submitted by patentadmin on Tue, 02/23/2010 - 08:43

In theory, a trial is governed by a set of rules. In cases of alleged patent infringement, the applicable rules are the Federal Rules Of Civil Procedures (F.R.C.P.). Enforcement of the rules, which are intended to ensure a fair and civil (judicialspeak for “reasonably polite”) trial, is invested in the trial judge. Some judges are rather lax in enforcement; others are not. One of the latter is Chief District Judge Joseph F. Bataillon of the U.S.

Something There Is That Doesn’t Love A Patent System – That Wants It Down*

Submitted by patentadmin on Thu, 02/18/2010 - 08:47

In keeping with the current liberal – if not socialist – swing of the pendulum, two professors have published a paper, in the Columbia Science and Technology Law Review, that argues that the present U.S. patent system may not encourage innovation or promote societal wealth and, hence, may be unconstitutional. ("Patents And The Regress Of Useful Arts")

GE Files Patent Infringement Lawsuit Against Mitsubishi Over Wind-Turbine Patents

Submitted by patentadmin on Fri, 02/12/2010 - 00:00

February 12, 2010 - General Electric Co., which has 148 issued U.S. patents related to wind energy, has sued Mitsubishi Heavy Industries Ltd. for patent infringement of two of those patents.

One of the patents-in-suit relates to the base frame that supports the rotor's weight, and the other concerns a way of keeping the turbine connected to the electricity grid even when the voltage drops.

General Patent Secures Tenth Licensee for Renhcol’s Web-Based Prediction Marketplace Patent

License with Sports Memorandum Results from Settlement of a Patent Infringement Lawsuit Filed in 2008

Suffern, N.Y., February 10, 2010 − General Patent Corporation (GPC), a leading patent licensing and patent enforcement firm, announced today on behalf of its client, Renhcol, Inc. − a wholly-owned subsidiary of Betbrokers PLC (AIM: BETB) – that a settlement has been reached with Sports Memorandum, Inc. of Brentwood, Tenn. in a patent infringement lawsuit filed on behalf of Renhcol in 2008.

Sports Memorandum becomes the tenth company to license the Renhcol patent.

UK Ruling for RIM Against Motorola Has Implications for Patent Infringement Complaint Pending at ITC

Submitted by patentadmin on Mon, 02/08/2010 - 00:00

February 8, 2010 - A UK judge has rejected patent infringement claims Motorola made against Research in Motion (RIM). Not only did Justice Richard Arnold of London's High Court rule that the patent was not infringed, he also ruled that it was invalid.

The patent in question relates to an email gateway system, and the complaint that Motorola filed against RIM in the US International Trade Commission (ITC) is still outstanding.

Round Two

Submitted by patentadmin on Wed, 02/03/2010 - 12:19

A few weeks ago, we wrote about the growing trend of clients suing their lawyers or former lawyers (What Were They Thinking?). Our blog post focused on the defenses raised by the defendants, Greenberg Traurig LLP et al., namely, that the claims raised by the client were barred by the statute of limitations.

General Patent Licenses DTL’s Cellular Communications Patent to Pantech

Suffern, N.Y., February 2, 2010 − General Patent Corporation (GPC), a leading patent licensing and enforcement firm, announced today on behalf of its subsidiary, Digital Technology Licensing LLC (DTL), that it has licensed DTL's cellular communications patent to Pantech Co. Ltd. and Pantech & Curitel Communications, Inc. of Seoul, Korea.

High Noon

Submitted by patentadmin on Tue, 02/02/2010 - 12:25

Just as the affronted gunfighter of yore offered his foe the choice to “get out of town” (said with a snarl) or “meet me in the street at high noon,” so the modern, white-hatted patent owner often seeks to offer a choice to a black-hatted, scum sucking infringer, contacting the swine and offering a license before initiating suit for patent infringement. Since the Medimmune decision, it has required great care to achieve this without conferring upon the infringer standing to bring a declaratory judgment action. It was difficult, but it could be done.

Three Strikes

Submitted by patentadmin on Mon, 02/01/2010 - 12:40

Every now and then, justice prevails and an infringer (scum sucker) is found guilty of infringement. Unfortunately, it seems that even in those cases where the patentee wins, the fruits of victory are being either snatched away or diminished. (Electro-Mechanical Industries, Inc. v. Universal Support Systems LLC)

The Music Goes On

Submitted by patentadmin on Mon, 02/01/2010 - 12:35

Some time ago, we wrote about the fascinating case of Shepard Fairey and the “Obama Hope” image (see Goliath Slays David). This is one of our most interesting blog entries, and we recommend it to any of our readers who might have somehow inadvertently missed it. Nevertheless, suffice it to say that Mr. Fairey sued The Associated Press, seeking a declaratory judgment that the said image did not infringe any AP copyright.