United States Federal Circuit, 02/21/2012
Coach Services, Inc. v. Triumph Learning LLC, No. 2011-1129
Feb
24
Coach Services, Inc. v. Triumph Learning LLC
By Dominic A. Frisina JD, MA | Filed in Board of Patent Appeals and Interferences (BPAI), CAFC, TrademarkJan
31
Patent Found Invalid for Anticipation in Light of Foreign Patent
By Robert H. Bejcek II | Filed in CAFC, Damages, International IP, IP Litigation, Patent, Patent Licensing, Patent Litigation, Patent Prosecution, Prosecution HistoryUnder instigating circumstances that appear similar to Robert Kearns’ famous battle against the Big Three automakers over the windshield wiper yet having a decidedly different outcome, the inventor of a side view mirror emergency light recently battled Ford Motor Company before the Federal Circuit after Ford appealed the District Court’s verdict finding the patent valid and awarding the plaintiff nearly $56 million.[1] Read the remainder of this entry »
Jan
24
Business Method Patents in Crosshairs
By Robert H. Bejcek II | Filed in IP and Business, IP Litigation, Patent, Patent Litigation, Patentable Subject MatterWith the passage and signing into law of the America Invents Act on September 16th of 2011, many business method patents will have, in one year, the possibility to be invalidated through an administrative process. According to the new law, covered business method patents include “data processing or other operations used in the practice, administration, or management of a financial product or service.” However, ATM patents are exempt. Read the remainder of this entry »
Oct
26
Patent Applicant Denied Administrative Due Process
By Robert H. Bejcek II | Filed in Board of Patent Appeals and Interferences (BPAI), CAFC, Obviousness, Patent, Patent Prosecution, Prosecution HistoryMany laws are designed with the concept for fairness in mind. After all, the court of equity was a predecessor to our current legal system. Patent law is no different. Before the Court of Appeals for the Federal Circuit, the case In re Stepan Company centered on this issue and a patentee’s right to administrative due process.[1]
The Stepan Company was the assignee of a U.S.patent[2] which taught “polyol-based resin blends and the methods of using them to create closed-cell polyurethane and polyisocyanurate-based foam.”[3] Essentially this patent was used to manufacture thermal insulation installed in the walls of buildings.[4] Concluding a reexamination proceeding, the patent examiner invalidated the patent’s claims as anticipated under §102(b) or obvious under §103(a).[5] On appeal, the Board of Patent Appeals and Inferences affirmed the invalidation. Read the remainder of this entry »
Oct
26
LEGAL ALERT: .XXX Domain Names
By Robert H. Bejcek II | Filed in Cybersquatting, Internet Law, TrademarkAs more new top-level domain names (TLD) are being released, one which poses the greatest threat from cybersquatters is the new .XXX TLD. The new XXX TLD is intended to be used by the adult entertainment industry. However, registration will not be limited to those in that industry. Potentially, your trademark could appear with a .XXX TLD within the coming months. So, how do you protect yourself? Read the remainder of this entry »
Oct
23
Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc.
By Dominic A. Frisina JD, MA | Filed in Doctrine of Equivalents, IP Litigation, Patent, Patent LitigationSiemens Medical Solutions USA, Inc. manufactures positron emission tomography (PET) medical imaging devices, and uses scintillation crystals known by their chemical name as cerium-activated lutetium oxyorthosilicate,” i.e. LSO.[1] Saint-Gobain sold another kind of scintillation crystal (LYSO) to Philips Medical Systems, which manufactures competing PET scanners.[2] In April of 2007, Siemens sued Saint-Gobain for infringement of their U.S. Patent No. 4,958,080 (the ‘080 patent) which claimed a “detector comprising a scintillator composed of a transparent single crystal of cerium-activated lutetium oxyorthosilicate,” i.e. LSO.[3] According to Siemens, Saint-Gobain’s infringement is due to its manufacturing of cerium-doped lutetium yttrium orthosilicate (LYSO).
The accused LYSO crystals are similar to LSO except that about 10% of the lutetium atoms are replaced with yttrium atoms. Thus, Siemens asserts that Saint-Gobain infringes the Read the remainder of this entry »
Oct
20
Pharmaceutical Claims Found Obvious
By Robert H. Bejcek II | Filed in CAFC, IP Litigation, Obviousness, Patent, Patent LitigationIn 1993, based on a priority date of 1986, Tyco Healthcare Group LP and Mallinckrodt, Inc. (collectively, “Tyco”) was issued U.S. Patent No. 5,211,954 (“the ‘954 patent”) directed to the hypnotic sleep-inducing drug temazepam for the treatment of insomnia.[1] One of the claims for temazepam formulation reads:
A hard gelatin capsule containing a temazepam formulation
consisting essentially of 6 to 8 milligrams of crystalline
temazepam having a surface area of from
0.65 to 1.1 m2/g and 95% of the temazepam
having a particle size of
less than 65 micronsin admixture with a
pharmaceutically acceptable carrier therefor.
The other claim reciting formulation is identical with the exception of teaching a composition containing 7.5 milligrams of crystalline temazepam.[2] Read the remainder of this entry »
Oct
20
“Trenched” Trademark
By Robert H. Bejcek II | Filed in Identification of Goods and Services, International IP, TrademarkA new Xbox 360 game titled Trenched was recently released through Microsoft’s online service, Xbox LIVE. However, on the day of release while U.S. members of Xbox LIVE were enjoying the new game, European members were left wondering where the promised release was. While no immediate answer was forthcoming, it has been revealed that a Portuguese board game designer owns a prior conflicting community trademark on the word “Trench” within the European Union.[1] Rui Alípio Monteiro registered the trademark in 2009 to be used in connection with “Computer games; programs for computer games.” and “Games; board games; game tables; TV console games.”
See the registration: Trenched Registration Certificate.
While trademarks in Europe can be obtained individually nation by nation, it is much more efficient to obtain a Read the remainder of this entry »
Sep
20
Historic Patent Reform Legislation Signed Into Law
By Robert H. Bejcek II | Filed in Patent, Patent Litigation, Patent ProsecutionAnyone who’s even remotely interested in patents, and even many who aren’t, have been watching this year as Congress has advanced patent reform legislation which would drastically change the United States patent law, aligning it more closely with foreign patenting offices. On September 8th, the Senate passed the Leahy-Smith America Invents Act by a margin of 89 to 9, and on September 16th President Obama signed the legislation into law. This new law will considerably alter patent prosecution and patent litigation. Some of the more important changes follow. Read the remainder of this entry »
Jun
29
