Speculation not required: IP litigation in 2006 produced $3.4 billion
January 04, 2007
Post by Blog Staff

Contrary to the statement in the previous post, apparently speculation is not required to determine the amount of money that changed hands as a result of intellectual property litigation in 2006. According to a survey [subscription required to view full story] by IP Law 360, intellectual property litigation resulted in a combined $3.4 billion in settlements and judgments in 2006. This total was down from 2005, p....... Read More

Patent cases in 2006 result in over $1 billion in damages awarded
January 03, 2007
Post by Blog Staff

According to a study released by Bloomberg, United States juries in patent cases awarded a total of over $1 billion in damages in cases that went to jury trial in 2006, the largest single year ever. The largest award went to Rambus, a California maker of computer memory chips, who won a $307 million verdict against South Korean rival Hynix Semiconductor in April, although the verdict was eventually reduced to $13....... Read More

Another claim construction reversal: Claim not limited to preferred embodiment
December 29, 2006
Post by Blog Staff

In a split decision, the Federal Circuit reversed a district court's judgment of noninfringement based on error in claim construction. The patent at issue involves a machine and method that automate the staining of microscope slides used in biological assays. The district court construed the claims narrowly based on the preferred embodiment described in the patent's specification. Based on this construction, th....... Read More

USPTO releases 2006 annual report
December 27, 2006
Post by Blog Staff

Just before Christmas, the United States Patent and Trademark Office released its 2006 annual report. Among the highlights: 332,000 patents were examined, the most ever 54% patent allowance rate, the lowest on record (comment: apparently the USPTO considers granting a lower percentage of patents to be good news) 3.5% patent allowance error rate (comment: this statistic is compiled by the "Office of Paten....... Read More

Working until the end of the year, Federal Circuit addresses a Law School Exam Type Case
December 26, 2006
Post by Blog Staff

The Federal Circuit affirmed a Southern District of Indiana decision that generic drug makers IVAX Pharmaceuticals, Inc, Dr. Reddy's Labratories, Ltd. (DRL) and Teva Pharmaceuticals USA, Inc. infringed Eli Lilly and Company's (Lilly) U.S. Patent no. 5,229,382. The '382 Patent claims chemical compound olanzapine and the use of the compound to treat schizophrenia. The infringers attempted to show that the '382 was....... Read More

Starbucks appeals denial of cancellation of Korean company's trademark
December 21, 2006
Post by Blog Staff

Starbucks is appealing a decision denying cancellation of a Korean company's trademark, asserting it infringes Starbucks' trademark. The Korean company, Starpreya, uses a green circular logo that Starbucks asserts is confusingly similar to its logo. Below are the two logos: Starbucks has already unsuccessfully opposed Starpreya's mark in two cases before the Patent Court of Korea. The appeal w....... Read More

New GAO report suggests that some patents may hamper development of new "innovative" drugs
December 21, 2006
Post by Blog Staff

A report released by the Government Accountability Office indicates that while expenditures on research and development by drug companies have increased, this has not resulted in a commensurate increase in new drug applications (NDAs) with the FDA. In fact, NDAs have decreased by 21% from 1999 to 2004. The larger concern raised by the report is the decrease in the number of NDAs for "new molecular ....... Read More

New Tool for Copyright Owners
December 19, 2006
Post by Blog Staff

The Wall Street Journal has posted an article highlighting a new internet tool that tracks copyrighted works being used on the internet. Privately held Attributor Corp. of Redwood City, California offers a search service that scans billions of pages of the internet looking for infringing uses of copyrighted material. Attributor Corp describes its self as a technology company that has created a platform that prov....... Read More

Protecting a business name: the basics
December 19, 2006
Post by Blog Staff

MSNBC has published an article with some basic tips for businesses to protect their trade names as trademarks. While the suggestions are fairly generic, it does at least provide some simple guidance for individuals who do not have any experience with intellectual property law in general or trademark law in particular. This piece is similar to a Forbes article we blogged about a few weeks ago regarding marketing ....... Read More

Federal Circuit Addresses On Sale Bar
December 18, 2006
Post by Blog Staff

In Plumtree Software, Inc. v. Datamize, LLC, the Federal Circuit Court of Appeals revisited the issue of determining when an invention is on sale within the meaning of 35 U.S.C. 102(b). A claimed invention is considered to be on sale under ? 102(b) if the invention is sold or offered for sale more than one year before the filing date of the patent application. If the applicant files a patent application after th....... Read More

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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.


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