Federal Circuit Addresses On Sale Bar

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 […]

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UK considering peer review for patent system

After a review of Great Britain’s intellectual property laws, the UK patent office is considering implementing a peer review procedure as part of its patent examining process. This was one of the recommendations of the Gowers Review of Intellectual Property, published on December 6. The idea is based in part on the Peer to Patent […]

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Federal Circuit considers intent required for inducing infringement en banc

The Federal Circuit resolved a perceived conflict in its case law regarding the necessary level of intent required for a defendant to be found liable for inducing infringement of a patent. The court considered one subsection of DSU Medical Corp. v. JMS Co. en banc to resolve the conflict. The court held that to prove […]

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Google launches new patent search

Last night, search engine giant Google launched a new service, Google patent search. The search allows users to search all United States patents since 1790. It also provides links to each U.S. patent listed in the prior art statement as well as other patents that cite the patent in their own prior art statements. The […]

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Holy trademark infringer, Batman!

The Russian Main Intelligence Directorate, commonly referred to as the GRU, appears to use a somewhat famous mark as part of its logo. The GRU's logo is shown below: Even Russian President Vladimir Putin appears to notice the distinctive logo at GRU headquarters: Of course, there are sovereign immunity issues that likely prevent DC Comics […]

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Speak Now or Forever Hold Your Peace – Failure to Raise Verdict Inconsistency Defeats Appeal

In L&W, Inc. v. Shertech, Inc. and Steven W. Sheridan (“Shertech”), the Court affirmed in part the decision of the US District Court for the Eastern District of Michigan holding claim 7 valid and claim 10 invalid of Shertech’s ‘264 patent, and affirming the portion of the judgment holding that the ‘264 patent was not […]

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Court Applied Four-Factor Test for Preliminary Injunction Relief

In Sanofi v. Apotex (Sanofi-Synthelabo, Sanofi-Synthelabo,Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership v. Apotex, Inc. and Apotex Corp.), the Court affirmed the decision granted by the US District Court for the Southern District of New York granting a preliminary injunction in favor of Sanofi. At issue was a patent (“the ‘265 patent”) for an […]

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Fort Des Moines Museum and Education Center Elects New Board President

The Fort Des Moines Museum and Education Center has a new president. Attorney and Iowa Army National Guard colonel, Janet E. Phipps Burkhead, was elected to the position at the Annual Meeting of the Museum and Education Center Board on December 12, 2006. The park and center were established to honor and recognize Fort Des […]

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Nintendo hit with patent infringement lawsuit over “Wiimote”

Nintendo, makers of one of the hottest Christmas gifts this year, the Wii, is being sued for patent infringement. Interlink is suing the electronics giant over the "Wiimote," the common name for the Wii's controller. Below is the Wiimote and Figure 1 of Interlink's patent: Interlink's patent is directed toward a "trigger operated electronic device," […]

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Prepaid cellular phone seller sues over DMCA exception

TracFone Wireless, the largest seller of prepaid cellular phone service in the United States, has sued the Librarian of Congress and Register of Copyrights, alleging that one of the DMCA exemptions granted last month is unlawful. Specifically, TracFone is upset about the exemption permitting cellular phone users to "unlock" their phones in order to use […]

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