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Archive for November 2008

No Contact Thermometer Patent Litigation

Posted: Thursday, Nov 13, 2008 @ 12:16 pm | Written by Gene Quinn | No Comments »
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Posted in: IP News, IPWatchdog.com Articles, Patent Fools™, Patent Litigation, Technology & Innovation

Kidz-Med Inc., a subsidiary of American Scientific Resources, Inc., a supplier of the Thermofocus 5-in-1 thermometer, along with Tecnimed SRL, the manufacturer of the Thermofocus, are each denying allegations that the non-contact thermometer has infringed US patents owned by Exergen Corp.  The complaint filed by Exergen Corporation on August 15, 2008, in the United States Federal District Court for the District of Massachusetts, identifies the following five US patents as being infringed: US Patent No. 5,012,813, US Patent No. 6,056,435, US Patent No. 6,299,347, US Patent No. 6,499,877 and US Patent No. 7,314,309.  The law firm representing Exergen is Fish & Richardson, PC and the lead attorney is Heidi E. Harvey.



Obscure Patent: The Deceptive Diaper

Posted: Wednesday, Nov 12, 2008 @ 10:06 pm | Written by Gene Quinn | No Comments »
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Posted in: IPWatchdog.com Articles, Museum of Obscure Patents, USPTO

Packaging diaper with deceptive size
United States Patent 7,243,477
Issued July 17, 2007

So you think you have an idea regarding what this patent is by looking at the picture? I can guarantee that this picture provides absolutely no clues whatsoever. This patent covers a method of disguisedly packaging a diaper! See, I told you that you could not possibly have any idea based on the image above, which actually was the primary image printed on the first page of the patent.



Branding With Dale Jr. Sells Amp

Posted: Wednesday, Nov 12, 2008 @ 5:16 pm | Written by Gene Quinn | No Comments »
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Posted in: Business, IP News, IPWatchdog.com Articles, Trademark

As the NASCAR Sprint Cup Seriescomes to a close Dale Earnhardt Jr. finds himself in 10th place and has no chance to win the Cup.  While he has had another solid year this year, finishing in the top 5 in 10 races and in the top 10 in 16 races, his fans are likely a bit disappointed and already rooting for greater success in 2009.  One might also think that his sponsor, Amp Energy, may be disappointed as well, but signing with Dale has been so monumentally beneficial Amp has nothing to say but positive things.  In fact, the great success Amp Energy drinks has had since signing on with Dale is a testament to his popularity and tremendous fan appeal, and is a wonderful demonstration of what good branding decisions can do for a company. 



“Out of the Closet” Trademark Settlement

Posted: Monday, Nov 10, 2008 @ 9:26 pm | Written by Gene Quinn | 1 Comment »
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Posted in: IP News, IPWatchdog.com Articles, Trademark

AIDS Healthcare Foundation (AHF) the largest AIDS organization in the US and operator of the popular and award winning fundraising “Out of the Closet” thrift store chain in California and Florida, has reached agreement to resolve the issue of trademark infringement with the operator of a private, for-profit Alaska consignment shop of the same name that was cited by Republican Vice Presidential candidate Governor Sarah Palin during the presidential campaign as her favorite store. The Alaska consignment store, and the trademark infringement issue, came to national attention following revelations that the Republican National Committee (RNC) spent money on a campaign wardrobe and other clothing for Governor Palin and her family. That news drew widespread and highly critical media coverage that prompted Palin during interviews to proclaim she is really thrifty and in fact prefers to shop at the “Out of the Closet” consignment store in Alaska.



Google Pays $125 Million Copyright Settlement

Posted: Saturday, Nov 8, 2008 @ 7:28 pm | Written by Gene Quinn | No Comments »
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Posted in: Antitrust, Copyright, Department of Justice, Google, IP News, IPWatchdog.com Articles

The Authors Guild, the Association of American Publishers (AAP), and Google recentl announced a groundbreaking settlement agreement on behalf of a broad class of authors and publishers worldwide that would expand online access to millions of in-copyright books and other written materials in the U.S. from the collections of a number of major U.S. libraries participating in Google Book Search.  Under the agreement, Google will make payments totaling $125 million. The money will be used to establish the Book Rights Registry, to resolve existing claims by authors and publishers and to cover legal fees. The settlement agreement resolves Authors Guild v. Google, a class-action suit filed on September 20, 2005 by the Authors Guild and certain authors, and a suit filed on October 19, 2005 by five major publisher-members of the Association of American Publishers: The McGraw-Hill Companies, Inc.; Pearson Education, Inc. and Penguin Group (USA) Inc., both part of Pearson; John Wiley & Sons, Inc.; and Simon & Schuster, Inc. part of CBS Corporation.



$99 Provisional Patent Application

Posted: Friday, Nov 7, 2008 @ 3:03 pm | Written by Gene Quinn | No Comments »
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Posted in: IPWatchdog.com Articles, Patent Fools™, Technology & Innovation

The latest version of the Invent + Patent System™ was released on November This system provides an innovative approach to creating patent applications in a cost-effective and timely manner. In the past, an inventor would contact a patent attorney with an idea. The inventor would provide notes, comments, drawings or whatever else they might have collected during the initial inventive stages.

The attorney would then try to interpret this information and put it into the format required to file a patent application at the United States Patent Office. The procedure could involve many sessions – back and forth – between the inventor and attorney before a satisfactory first draft could be produced. The process was, and is, slow, expensive and frustrating. Ultimately, an application would be filed not because it has covered the invention to the fullest extent possible but because the inventor could not afford to pay the patent attorney to spend any additional time working on the application.



Rambus Files Complaint with ITC

Posted: Thursday, Nov 6, 2008 @ 8:51 pm | Written by Gene Quinn | No Comments »
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Posted in: IP News, IPWatchdog.com Articles, Patent Fools™

PRESS RELEASE: Rambus Inc., one of the world’s premier technology licensing companies specializing in high-speed memory architectures, today announced it has filed a complaint with the U.S. International Trade Commission (ITC) requesting the commencement of an investigation pertaining to NVIDIA products. The complaint seeks an exclusion order barring the importation, sale for importation, or sale after importation of products that infringe nine Rambus patents from the Ware and Barth families of patents. The accused products include NVIDIA products that incorporate DDR, DDR2, DDR3, LPDDR, GDDR, GDDR2, and GDDR3 memory controllers, including graphics processors, and media and communications processors.



The First Design Patent

Posted: Thursday, Nov 6, 2008 @ 7:33 pm | Written by Gene Quinn | No Comments »
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Posted in: Gene Quinn, IP News, IPWatchdog.com Articles, Patent Fools™

Did you know that the first design patent issued in the United States was issued on November 9, 1842, to George Bruce of New York? The USPTO searchable online database does not have a text copy of this patent available, undoubtedly because the design patent was handwritten. It is, however, possible to obtain an image version of the first design patent by going to the Patent Search engine provided by the USPTO, searching D1 in a patent number search, and then clicking on images. The image available purports to be the best available copy of the design patent, but it is indeed very hard to read.

One particularly surprising aspect of this design patent is that there are no images or drawings. The design patent itself covered a new typeface, which was described in words rather than by claiming the ornamental design shown, as would be the case today. Another interesting aspect of this first design patent is the candor of the patentee.