America's top court has rejected Microsoft's appeal against a ruling that Microsoft Word infringed on patents owned by a tiny Canadian software maker. The US Supreme Court unanimously upheld an earlier court's ruling that said Microsoft willfully infringed on i4i's XML patents in Word 2003 and 2007. Microsoft was ordered to pay i4i almost $300m… Continue reading Microsoft loses Supreme Patent Fight over Word
Category: Legal News
Supreme Court Reaffirms Clear and Convincing Standard for Proof of Patent Invalidity
A unanimous Supreme Court on June 9, 2011, held that patent invalidity must be proved with clear and convincing evidence. Concurring opinions were filed by Justices Breyer and Thomas. Chief Justice Roberts did not participate in this case. (Microsoft Corp. v. i4i Limited Partnership, U.S., No. 10-290, 6/9/2011). Writing for the Court, Justice Sotomayor explained… Continue reading Supreme Court Reaffirms Clear and Convincing Standard for Proof of Patent Invalidity
The Hard Truth about Patents
Patents are essential to the commercialization of most inventions. Yet many inventors are armed with misinformation about the patenting process, the scope of their intellectual property rights, and the costs involved in getting a patent. Let’s clear the air and blow the stink off lingering misconceptions about patents. Here goes: Not All Patents Are Created Equal… Continue reading The Hard Truth about Patents
Supreme Court: Inventors Can Retain Rights Even for Federally Funded Inventions
Stanford v. Roche, 563 U. S. (2011) In a 7-2 decision, the Supreme Court has ruled that a federally funded contractor does not necessarily own the patent rights to inventions resulting from funded projects. Here, the Board of Trustees of the Leland Stanford Junior University unsuccessfully argued that such rights automatically vest under the Bayh-Dole… Continue reading Supreme Court: Inventors Can Retain Rights Even for Federally Funded Inventions
Inducement to Infringe a Patent Requires “Actual Knowledge” of Patent; “Deliberate Indifference” Not Enough
Global-Tech Appliances, inc. v. SEB S.A., No. 10-6, May 31, 2011 Global Tech, an Hong-Kong appliance maker, sold a deep-fryer to 3rd parties that was an alleged copy of one patented by SEB. SEB subsequently sued Global Tech for actively inducing purchasers of the fryers to sell or offer to sell them in violation of… Continue reading Inducement to Infringe a Patent Requires “Actual Knowledge” of Patent; “Deliberate Indifference” Not Enough
7 iOS Developers Sued
7 iOS Developers sued by Lodsys despite Apple's assertion that iOS developers are "undisputedly licensed" to Lodsys' patent at issue. It can be recalled that Lodsys initially sent letters to a number of iOS developers claiming that their use of in-app purchasing was infringing. Those initial letters expressed a desire to strike a licensing deal… Continue reading 7 iOS Developers Sued
Smartphone Patent Fight: ‘World War III’
Smartphone-related patent infringement lawsuits Apple and Samsung recently filed against each other are but the latest in an escalating series of Android and open-source-related complaints filed by major corporations over the past 18 months. After more than 40 lawsuits, there's no sign of a letup in smartphone litigiousness, leaving patent experts divided over whether the epic phone… Continue reading Smartphone Patent Fight: ‘World War III’
Trademarks & Venture Capital Investments
Trade marks can be registered for a company's name, slogan or logo. The main aim of a trade mark is to distinguish the products and service of one brand from that of another. Once a trademark is registered, no-one else would be able to use that particular trade or one that is confusingly similar. If… Continue reading Trademarks & Venture Capital Investments
NIH Stem Cell Injunction Vacated by the U.S. Court of Appeals for the D.C. Circuit
The federal government can continue funding research using human embryonic stem cells, the U.S. Court of Appeals for the D.C. Circuit ruled today, reversing a lower court injunction against the National Institutes of Health. Two scientists who work with adult stem cells sued NIH to stop embryonic stem cell research, charging that revised 2009 guidelines… Continue reading NIH Stem Cell Injunction Vacated by the U.S. Court of Appeals for the D.C. Circuit
Indian Trade Marks Office Issues Public Notice For the Missing 44,404 Trademark Files
Indian Trade Marks Office Issues Public Notice For the Missing 44,404 Trademark Files Relating to Registered Trademarks in pursuance of the directions issued by the Hon'ble Delhi High Court in Civil Writ Petition No.12505 of 2009 dated 6.4.2011 Via Public Notice dated 25/04/2011, Indian Trade Marks Office informs general public: All the public and in… Continue reading Indian Trade Marks Office Issues Public Notice For the Missing 44,404 Trademark Files
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