Federal Circuit allows discovery of patent infringement settlement negotiations
In MTSG V ATT, the Federal Circuit found that settlement negotiations related to reasonable royalty and damage calculations are not protected by a settlement negotiation privilege. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
U.S. Supreme Court: Laws of nature are not patentable
In one corner was the might of the intellectual property bar … and in the other corner were Mayo, AARP, and a host of consumer advocates. At issue was whether medical diagnostic processes (instructions for observing changes in a patient relative to a drug’s dosages) are eligible for patent protection. Last week the U.S. Supreme [...]
Facebook “wizening up” to the importance of a comprehensive IP strategy?
In the teeth of Yahoo’s assertion that Facebook is infringing on 10 Yahoo patents, Facebook’s IP managers and legal consultants have obviously come to the conclusion that a planned $100B IPO backed by just 56 patents is a weak position. To gain some bargaining power, Bloomberg reports Facebook has acquired nearly 750 patents from IBM. [...]
First compulsory license granted in India
Section 84 of the Indian Patents Act allows for applications for a compulsory license after three years from the date a patent is granted if just one of three conditions is met: 1. The reasonable requirements of the public with respect to the patented invention are not met; or 2. The patented invention is not [...]
Navajos sue Urban Outfitters for unauthorized use of trademark
On February 28, the Navajo nation filed suit in federal court in New Mexico against Urban Outfitters to protect their trademark. The Indian Arts and Crafts Act is a little-discussed statute that protects Native American IP by making it illegal to sell arts or crafts in a way that implies the goods were made by [...]
Motorola wants 2.5% of Apple sales for a license to a standard-essential patent
In digging through the court documents in Motorola v. Apple, Florian Mueller uncovered the 2.5% royalty rate Motorola is seeking for a license to a standard-essential patent (for wireless devices). The patent is subject to “fair, reasonable and non-discriminatory” licensing, meaning it is essential for a standard and Motorola must offer to license it to [...]
University of Pennsylvania seeks over $1B in alleged IP theft
Science Magazine recently reported on the Leonard and Madlyn Abramson Family Cancer Research Institute at the University of Pennsylvania and its attempt to recover damages from alleged theft of intellectual property related to cancer research. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
What happens to Kodak IP licensees now that bankruptcy has been sought?
The Intellectual Property and Transactional Law Clinic at Richmond covered this in a brief paper, at least as it pertains to federal law. Section 101(35)(A) of the Bankruptcy Code limits intellectual property in bankruptcy to trade secrets, patents, (and patent applications) and copyrights. The Code gives Kodak three options with respect to contractual obligations: assume, [...]
Financial analyst uses scenario planning to predict rosy future for Apple investors
An article in CNNMoney suggests results of the smartphone patent wars will boost Apple’s share price from $35 to $260. Financial analyst Philip Elmer-DeWitt used scenario planning techniques, plugging in multiple outcomes, to derive his conclusions. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
Legos’ effort to use trademark law to extend their patent challenged in the U.S.
Legos’ aggressive attempt to use a 1999 trademark of a 3D photographic representation of the “studs and tubes” interlocking system on their toy building blocks as a long-expired patent extender looks to be in its last stages. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this [...]
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