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Intellepedia – IP News Center

Intellectual Property: Arkie Lures, Inc. v. Gene Larew Tackle, Inc., 119 F.3d 953 (Fed. Cir. 1997) – Case note

The image depicts two plastic fishing lures as the post is about a case over the patenting of salt-added plastic fishing lure.

Author: Ken Aoki, Patent Agent, Japan CASE HISTORY Arkie filed a declaratory judgment. The district court granted Arkie’s motion for summary judgment of invalidity. Larew appeals. CASE FACTS • The patent covers a salt-added plastic fishing lure. (Fish retain a salty-taste lure for a longer time, thereby improving fisherman’s chance to set the hook.) • Prior publication o Salty bait, such as salted pork rind, was known. o Plastic lures were known. o Adding organic fish attractants to plastic lures were known, while warning against the use of plastic-insoluble additives (salt). • Affidavit testimony of POSA o POSAs were highly skeptical about the feasibility and safety of adding salt in plastic lures. – spoils...

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Patent: Microsoft and Paltalk settle

The image depicts the logo of the company Paltalk as the post is about the settlement of the patent infringement case filed by the company against Microsoft.

Paltalk filed a patent infringement suit against Microsoft alleging violation of patents relating to deployment of interactive applications over hosted networks and group messaging servers. The patents may be applied to video games, video conferences and so on. The parties have settled the infringement suit through a license agreement. Under the license agreement, Microsoft has agreed to take a license over the patents for a royalty. Source/Attribution here. (Governed by Creative Commons License CC BY 2.0)...

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Patent: Court grants 192.7 million dollars damages to Tivo

The image depicts the logo of the company TiVo Inc. as the post is about TiVo being awarded damages in patent infringement case.

TiVo Inc. filed an infringement suit against Dish Network Corp. and EchoStar Corp. for infringement of its patents relating to video recording. The Court held that Dish Network and EchoStar were liable for patent infringement and granted damages to the tune of 192.7 million dollars. The ruling requires Dish Network to stop its video recording services without acquiring a license from Tivo. Source/Attribution here. (Governed by Creative Commons License CC BY - SA 3.0)...

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Patent: US Supreme Court to hear Bilski

The image depicts the Bilski Decision made bigger with magnifying glass

In October, 2008, the Court of Appeals for the Federal Circuit held that a process is patentable only if it is tied to a machine or transforms an article from one form to another. By holding so, the Court negated patentability of business methods. The US Supreme Court has now granted a certiorari to review the decision of the Court of Appeals for the Federal Circuit. The US Supreme Court decision may re-define the scope of patentable subject matter relating to business methods. Source/Attribution here. (Governed by Creative Commons License CC BY - SA 2.0)...

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Patent: Indian Patent Grants for April 2009

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

The Indian Patent Office granted 205 patents in April, 2009. The top three consisted of BHARAT HEAVY ELECTRICALS LIMITED, which had a patent count of 7 patents, followed by TATA STEEL LIMITED with 6 patents and INDIAN INSTITUTE OF TECHNOLOGY with 4 patents. The table below shows the top twelve companies that received the maximum number of patents in the month of April, 2009. Sl.No.           Name of the company                                        No. of. Patents Granted 1                           BHARAT HEAVY ELECTRICALS LIMITED                                              7 2                           TATA STEEL LIMITED                                                                                       6 3                           INDIAN INSTITUTE OF TECHNOLOGY                                                   4 4                          COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH             3 5                           ETHICON ENDOSURGERY INC.                                                                    3 6                           LIFESCAN, INC.                                                                                                     3 7                          ...

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Copyright: MIT License

The image depicts the Logo of the Massachusetts Institute of Technology (MIT)

The license was drafted at the Massachusetts Institute of Technology for certain software originating from the Institute. The license was initially used for the X window system. Some of the softwares that use the MIT License include Expat, PuTTY, Ruby on Rails and so on.Rights The MIT License allows a person obtaining a software under the license to deal in the software in any manner. The license specifically gives the following rights over the software:Right to use; Right to copy; Right to modify; Right to merge, Right to publish; Right to distribute, Right to sublicense; and/or Right to sell.The rights granted under the license include both copyrights and...

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Patent: Open Invention Network takes steps to invalidate Microsoft’s patents

The image depicts the Microsoft logo.

The Open Invention Network (OIN) has taken the first step towards invalidating Microsoft's patents that were asserted against TomTom with regard to its implementation of the Linux kernel. OIN has posted the patents on its patent defenders website in order to search for relevant prior art that can invalidate Microsoft's patents. The prior art, if found, can be used to defend any infringement actions of Microsoft against the Linux community. Source/Attribution here. (This image is in public domain)...

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Patent: Qualcom and Broadcom settle

This image depicts the Qualcomm.

Qualcom and Broadcom recently settled patent disputes across the world. Under the settlement, the parties have agreed to cross license each other's patents. As a part of the settlement, Qualcom agreed to pay Broadcom a settlement amount of 891 million dollars. The agreement safeguards the customers of each party from patent infringement suits by the other party. Source/Attribution here. (This image is in public domain)...

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Trademarks: 40% drop in Community Trade Mark (CTM) Fee from May

the image depicts a number of registered trademark symbols with the word trademark as the post is about Trademark Registration in India.

According to a recent statement released by OHIM, the fee for online community trademark application will be reduced with effect from May. The cost of having a Community trade mark will be reduced by 40% to € 900 for online applications from 1 May, 2009; replacing the current system of separate application and registration fee which currently is € 750 and € 800 respectively. The move is designed to help especially SMEs to get cost effective protection for their brands. Source/Attribution here. (Governed by Creative Commons License CC BY - SA 4.0)...

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Copyright: Pirate Bay held liable for copyright violation

The image is the logo of The Pirate Bay.

The file sharing website Pirate Bay was held liable for copyright violation by a Court at Stockholm. The Court sentenced the founders of the website service to one (1) year imprisonment and ordered them to pay damages of 3.6 million dollars to entertainment companies whose content was shared on the website. The founders of Pirate Bay have said that they will be filing an appeal against the decision and that the website will continue to operate. Source/Attribution here. (This image is in public domain)...

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