Musical Instrument Patent Of The Week
Week of March 8, 2010 United States Patent No: 7,674,969 Issue
Featured Story
Bilski’s Claims Unpatentable Abstract Ideas; Machine-or-Transformation a Useful, Not Exclusive Test for Patentable Subject Matter
Bilski v. Kappos, No. 08-964 (S. Ct. June 28, 2010). On June 28, 2010, the Supreme Court issued its long-awaited (oral arguments were November 9, 2009) decision in Bilski v. Kappos. The Court affirmed the rejection of Mr. Bilski’s claims, which were directed to methods of hedging against a risk of price changes for a commodity, as an unpatentable
Bilski
Bilski loses, but business methods live to fight another day
On June 28, 2010, the Supreme Court handed down its ruling in the long-awaited Bilski v Kappos case. The outcome? Bernard Bilski will not be receiving
Featured
Another Case (Surprisingly) of First Impression for the Federal Circuit
Hot on the heels of January’s Boehringer Ingelheim Int’l GmbH v. Barr Labs., Inc., 592 F.3d 1340 (Fed. Cir. 2010) decision on divisional practice,
HD Signals
“First Sale” Doctrine Does Not Apply When There Is a Likelihood of Post-Purchase Confusion
On appeal from the District of Arizona, the Ninth Circuit affirmed the lower court’s grant of summary judgment to trademark-owner Volkswagen of America
ITC
ITC: First Five Things to Do when You’ve Been Sued
So your company has just been sued in the ITC? Perhaps this is a result of a dispute with one of your competitors; or perhaps your company simply supplies
Licensing
Perfecting Security Interests in Intellectual Property Is Not a Perfect Process
By Robert J. Lenihan, II and Allen E. Pittoors In 1962, Michigan slightly revised, and then adopted, the Uniform Commercial Code (UCC). The UCC governs
Music Industry
Under Pressure: Jay-Z Sues Bo-Sox’ Big Papi For Trademark Infringement
The music industry has butt heads with the sports world again. See,
Patent Prosecution
Meeting Ariad’s Written Description Requirement
Trademarks
Picture Is Not a Mandatory Requirement for a Website-Based Specimen of Use Submitted with Trademark Application
Federal Circuit reverses Trademark Office’s holding that an internet specimen of use must include a picture of the goods to be registrable. In re Michael
Intellectual Property Law Topics
Musical Instrument Patent of the Week
Week of March 1, 2010 United States Patent No: 7,671,268 Issue Date: March 2, 2010 Title: Internally mounted self-contained amplifier and speaker system for acoustic guitar Inventor: Laurie Victor
Best Mode for Producing Lysine Included Undisclosed Features
In method for producing L-lysine including genetically altering E. coli, inventors failed to disclose best host strain to use and further modification that enhanced production. Ajinomoto
New Trial for Inconsistent Verdict of Nonobvious Independent Claim, Obvious Dependent Claims
JMOL on validity reversed because judge misunderstood when art is analogous; claim constructions using dictionary and prosecution argument upheld. A JMOL on validity of the dependent claims to cure an
Patents Obvious Over Same Prior Art Raised During Ex Parte Reexamination
Dissent finds a bias against protecting an invention that “does not advance rocket science or cancer medicine.” A divided Federal Circuit panel affirmed summary judgment that claims in Media Tech’s
Failure to Properly Preserve and Search for ESI Results in Monetary Sanctions and Spoliation Jury Instructions
District Court Judge who issued Zubulake decision again orders sanctions for failure to properly handle electronically stored information (ESI) in discovery. Pension Committee of the Univ. of Montreal