IPWatchdog.com is in the process of transitioning to a newer version of our website. Please be patient with us while we work out all the kinks.

Posts in IP News

How to Fix the USPTO

The United States Patent & Trademark Office has just released the 2008 Performance and Accountability Report, which is the annual report explaining the activities of the Office during fiscal year 2008.  While so much of the report is a self congratulating look back at what the Dudas Administration believes it effectively achieved over the past year, the report should be anything…

Don’t Get A Patent? Plainly Ridiculous!

Increasingly on the Internet invention advertising is taking an odd and seemingly inexplicable turn toward advising independent inventors to not seek patent protection, which is undeniably bad advice that will undoubtedly cause much disappointment and heart break for those who actually follow it.  But why is it that you are starting to see more and more advertisements that say it is…

FDA Approves Patented Gel for Treating Acne

Arcutis Pharmaceuticals, a privately held specialty pharmaceutical organization focusing in medical dermatology, announced yesterday that the United States Food and Drug Administration (FDA) has approved the new drug application (NDA) of Acanya Gel (clindamycin phosphate 1.2% and benzoyl peroxide 2.5%) for the once-daily treatment of acne vulgaris in patients 12 years and older. Evaluated in clinical studies enrolling over 3,200 subjects…

Reexamination Would Stop Patent Trolls

This means that for inter partes reexamination 74% of requests result in all claims being canceled and 14% of the time certificates issue with at least some claims being changed. This is staggering because if you can eliminate all claims then the patent is worthless, but even if you can only change claims you have effectively prevented retrospective infringement of changed claims because the claim that is changed can only be enforced moving forward from the point of change. Thus, quality reexamination representation is far better than paying a bounty for the collection of prior art references.

Domain Name Auction Set for Nov. 19

Purchasing domain names at auction or in the aftermarket may be the only way to acquire a descriptive domain name given that so many of the best domain names have been taken and those that can be purchased directly from domain name vendors are not nearly as desirable. So often domain name searches do not produce suitable web addresses for a company, and those searching find that the web domain that they really want has already been purchased.

Backscatter X-ray Patent Jury Trial Scheduled

UPDATED JANUARY 7, 2009 Originally this page had a post containing discussion of a patent infringement lawsuit between American Science & Engineering, Inc. and AutoClear, LLC.  The facts used in this original post were take from a press release issued by AutoClear, LLC through Business Wire.  It has come to my attention that the press release issued by AutoClear was…

PSEG Settles Patent Litgation With Katz

Public Service Enterprise Group (PSEG), a diversified energy company with 2.1 million electric and 1.7 million natural gas customers located throughout New Jersey (NYSE:PEG) and Ronald A. Katz Technology Licensing, L.P., headquartered in Los Angeles, today announced the settlement of patent litigation between the parties. As part of the settlement, PSEG has agreed to pay an undisclosed sum for a nonexclusive license under a comprehensive portfolio of patents that Katz owns relating to interactive voice applications.

Comparative Advertising: Mac vs. PC

Personally, I think the PC VS Mac commercials are right on. The thought that Microsoft would put out a product that requires their users to potentially need to purchase all new software and hardware components for their PCs is rather baffling. The fact that they are willing to budget hundreds of millions of dollars to advertise a product that does not work nearly as well as it should and is not compatible with most software and hardware currently on the market, is almost surreal.

Second Life Avatar Receives Trademark

Jennifer L. Fessler, an associate at the intellectual property law frim Grossman Tucker Perreault & Pfleger, PLLC, was recently successful in obtaining a trademark for a client for a Second Life® (SL) avatar.  The US Trademark Registration 77110299, which received approval on November 11, 2008, relates to the Aimee Weber avatar that has become identifable with the virtual world content services provided…

Why Not Allow Software Patents?

What is the harm in allowing software patents? Isn’t the problem that patent offices, particularly the United States Patent Office, are increasingly doing a poor job of finding relevant prior art and weeding out what is new and non-obvious from what is old and obvious? If prosecution were more meaningful, what is the harm in granting software patents? I see none because there is none. We should not tolerate intellectual dishonesty because it is expedient. The trouble is that patents are being granted on “inventions” that are not new or which are obvious. The problem is not that software presents an inherent evil.

No Contact Thermometer Patent Litigation

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…

Branding With Dale Jr. Sells Amp

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…

“Out of the Closet” Trademark Settlement

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…

Google Pays $125 Million Copyright Settlement

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. …

Rambus Files Complaint with ITC

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…