Monday, March 31, 2008

March 31st, 2008

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Patent News Watch
From First to File (www.firsttofile.com)
March 31st, 2008
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Headlines for the week: (Scroll down for articles)

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-Micron loses round in fight with Rambus
-Microsoft Patent Claims Force Avistar To Cut 1/4 Of Staff
-Desire2Learn patent dispute takes new twist
-Teva Can't Yet Sell Alzheimer's Generic
-Court of Appeals Reverses Lower Court Decision in Favor of TriMed, Inc. Patent Infringement...
-Judge calls for European patent litigation system
-Columbia Professor Latest To Go On The Patent Offensive
-Patent insanity
-Patent Challenge of the Week: When does a patent expire?
-The Rush To Patent the Atomic Bomb
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Micron loses round in fight with Rambus

(Idaho Statesman) After a nearly 10-year legal battle, Micron Technology could be one step closer to paying Rambus millions of dollars for infringing on the California company's patents.

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Microsoft Patent Claims Force Avistar To Cut 1/4 Of Staff

(Information Week) Avistar Communications, a videoconferencing company that makes 40% of its money from licensing intellectual property, said Wednesday that it must cut a quarter of its staff and suspend the creation of a Chinese development facility in large part due to Microsoft patent challenges against all of Avistar's 29 U.S. patents.

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Desire2Learn patent dispute takes new twist

(The Record) In a preliminary ruling, a U.S. patent office examiner says Blackboard Inc. should never have received the patent at the heart of the company's battle with Kitchener's Desire2Learn Inc.

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Teva Can't Yet Sell Alzheimer's Generic

(AP/Yahoo Fincance) Drug developer Teva Pharmaceutical Industries Ltd. said Friday a U.S. District Court ordered Teva to tentatively refrain from selling a generic version of Eisai Co.'s Alzheimer's treatment Aricept.

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Court of Appeals Reverses Lower Court Decision in Favor of TriMed, Inc. Patent Infringement...

(PR Newswire/Reuters) TriMed, Inc., a Valencia, CA-based developer and manufacturer of orthopaedic fixation devices, has announced that the United States Court of Appeals has ruled in its favor and reversed a lower court's summary judgment in its patent infringement suit against defendant Stryker Corporation (Stryker). The appellate court found that Stryker's accused device contains "precisely the same structure" shown in TriMed's patent. The decision was announced January 29, 2008.

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Judge calls for European patent litigation system

(ManagingIP) A leading UK Judge has called for a "one-stop patent shop" to cater to companies that do business across Europe, after finding a patent invalid just days after is was upheld by a court in the Netherlands.

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Columbia Professor Latest To Go On The Patent Offensive

(Techdirt) Over the last year or so, we've seen two disturbing trends in enforcing patents. The first, is seeing patent holders suing a bunch of companies at once rather than just one or two, as used to be standard. They do this because they fear that some type of patent reform is coming, either via Congress or the courts.

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Patent insanity

(Ottawa Citizen/Canada.com) In the 21 months since he joined Wi-Lan Inc. as CEO, James Skippen has been to the moon and back.

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Patent Challenge of the Week: When does a patent expire?

(PatentlyO) Last week, I wrote about whether an infringement lawsuit can properly be filed at 12:01 am on the date that the patent is scheduled to issue. A plaintiff only has standing to sue once a patent is issued, and it is not clear to me that patent has actually issued by that point (even if the patentee holds exclusive rights for the entire day once the patent has issued).*

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The Rush To Patent the Atomic Bomb

(Slashdot) In case you were thinking of building your own atom bomb, you may want to weigh your intellectual property liability. It seems there are over 2000 patents covering the atom bomb.

Read More

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About Us - IP Dealroom
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FTF Technologies provides comprehensive IP management solutions to leading corporations and law firms worldwide. One of our most popular solutions is our IP Deal Room, which helps companies during the due diligence process in mergers and acquisitions.

Acting as a neutral third party, FTF Technologies scans a target company's patent and trademark paper documents and enters digital files into a proprietary Tri-Fold system, creating an electronic workspace that mimics traditional tabbed paper IP files. The target company's intellectual property documents are then made available in a secure environment, on demand, so that those documents can be reviewed by the company 24/7. IP Deal Room also allows you to:


· Eliminate manual handling and increase review accuracy
· View ownership, licensee and assignments more rapidly
· Have transparency over the target company's portfolio
· Seamlessly upload files and folders
· Track attorney or administrator actions performed in the application
· Cut the potential loss of trade secrets
· Stage documents securely while awaiting regulatory approval

FTF Technologies specializes in finding cost-effective solutions to meet the needs of individual patent departments. To find out more information about our IP Deal Room, please visit Here.
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Monday, March 24, 2008

March 24th, 2008

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Patent News Watch
From First to File (www.firsttofile.com)
March 24th, 2008
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Headlines for the week: (Scroll down for articles)

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-Moving to First-to-File
-Guitar Hero In Court: Gibson Sues Retailers; Activision Responds; EA, Harmonix Sued
-Advanced Sensor Technologies takes feud with Toro to the Internet
-Apple, AT&T Re-Sued Over iPhone
-US patent appeals court rules on Roche, Amgen fight
-Dish Says TiVo Witness Gave Contradictory Testimony
-Qualcomm Still Banned from Shipping 3G Chips
-3 For-Profit Colleges Hit With Courseware-Patent Lawsuit
-ITC to hear complaint about LED / LD patent infringements
-UK Grants Rare Computer Program Patent
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Moving to First-to-File

(Patently O) The potential move to a first-to-file system has received little attention - it is certainly not the most controversial in the current package of patent reforms. Of course, this says more about the Patent Reform proposal than about the potential impact of the first-to-file change. Although not receiving the most press, in the end, this change would have the most impact on the reform package.

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Guitar Hero In Court: Gibson Sues Retailers; Activision Responds; EA, Harmonix Sued

(Forbes) The spat between guitar maker Gibson, and Guitar Hero maker Activision escalated this week, as Gibson filed suit against several retailers in hopes of stopping the game's sale.

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Advanced Sensor Technologies takes feud with Toro to the Internet

(Bizjournals) A small competitor of The Toro Co. has launched a public-relations campaign against the Bloomington-based lawn-equipment maker to highlight a patent dispute between the two companies.

Read More

Apple, AT&T Re-Sued Over iPhone

(InformationWeek) For the second time in less than a week, Apple has been sued for patent infringement in the Eastern District of Texas, long seen as a plaintiff-friendly venue for patent litigation.

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US patent appeals court rules on Roche, Amgen fight

(Reuters) A U.S. appeals court that specializes in patent cases handed Roche Holding Ltd on Wednesday a small win in a fight with Amgen Inc over EPO anemia drugs, but Amgen won the right to have the lower court decide if the patent was infringed, said court documents.

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Dish Says TiVo Witness Gave Contradictory Testimony

(Multichannel) Dish Network asked a federal appeals court Monday to rehear the TiVo patent-infringement case, alleging that a TiVo expert witness provided contradictory testimony.

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Qualcomm Still Banned from Shipping 3G Chips

(PCMagazine) Broadcom Corp said on Wednesday a U.S. appeals court let stand a lower court order barring wireless chip maker Qualcomm Inc from selling chips that infringe on three of its patents.

Read More

3 For-Profit Colleges Hit With Courseware-Patent Lawsuit

(Chronicle) Digital-Vending Services International, a company linked to a nonprofit educational group with ties to the U.S. military, has filed a patent-infringement lawsuit against three for-profit online higher-education institutions.

Read More

ITC to hear complaint about LED / LD patent infringements

(EETimes) The U.S. International Trade Commission has agreed to hear a case filed by a former Columbia University professor with a 50-year engineering career, Gertrude Neumark Rothschild, who has accused 34 companies including Nokia, Sony, Motorola, and Samsung of infringing her patents for LEDs and laser diodes.

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UK Grants Rare Computer Program Patent

(Digitaltrends) It might seem strange, but in the UK it's rare for a company to be granted a patent on a computer program. According to the BBC, the way the 1977 Patents Act and subsequent case law is worded.

Read More

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

About Us - IP Dealroom
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FTF Technologies provides comprehensive IP management solutions to leading corporations and law firms worldwide. One of our most popular solutions is our IP Deal Room, which helps companies during the due diligence process in mergers and acquisitions.

Acting as a neutral third party, FTF Technologies scans a target company's patent and trademark paper documents and enters digital files into a proprietary Tri-Fold system, creating an electronic workspace that mimics traditional tabbed paper IP files. The target company's intellectual property documents are then made available in a secure environment, on demand, so that those documents can be reviewed by the company 24/7. IP Deal Room also allows you to:


· Eliminate manual handling and increase review accuracy
· View ownership, licensee and assignments more rapidly
· Have transparency over the target company's portfolio
· Seamlessly upload files and folders
· Track attorney or administrator actions performed in the application
· Cut the potential loss of trade secrets
· Stage documents securely while awaiting regulatory approval

FTF Technologies specializes in finding cost-effective solutions to meet the needs of individual patent departments. To find out more information about our IP Deal Room, please visit Here.
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Monday, March 17, 2008

March 17th, 2008

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Patent News Watch
From First to File (www.firsttofile.com)
March 17th, 2008
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Headlines for the week: (Scroll down for articles)

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-IBM Hit With $6 Million Software Fraud Suit
-Nokia Has Paid $1 Billion To Qualcomm For Tech Patents
-Apple Faces Patent Suit Filed By ZapMedia Over iTunes, iPod
-Wyeth, J&J sue Medtronic over Endeavor stent patent
-Gibson Says it Holds a Patent for Guitar Hero
-GraphOn files patent infringement suit against Yahoo, five others
-Group: Patent reform bill compromise close
-Troll Tracker, Defamation, and Splitting the Bar
-Cellphones to keep track of your purchases -- and you
-As patent cases clog courts, drugs are a lawyer's best friend
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IBM Hit With $6 Million Software Fraud Suit

(Information Week) Internet retailer Harry & David claims IBM knowingly sold it e-commerce software that violated other companies' patents and then refused to back the merchant when those companies sued or complained.

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Nokia Has Paid $1 Billion To Qualcomm For Tech Patents

(Information Week) As new cell phone infrastructure technologies are introduced, handset manufacturers and service providers are placing new emphasis on intellectual property assets -- who owns them and how much they are worth.

Read More

Apple Faces Patent Suit Filed By ZapMedia Over iTunes, iPod

(Dow Jones) ZapMedia alleges patents for its system allowing the distribution of media assets to user devices were infringed when Apple unveiled its iPod MP3 player with the integrated iTunes software application in October of 2001 and iTunes store in April 2003.

Read More

Wyeth, J&J sue Medtronic over Endeavor stent patent

(HealthImagingNews) The companies filed a patent infringement suit in the U.S. District Court for the District of New Jersey alleging the zotarolimus-eluting stent infringes on the claims of three patents owned by Wyeth and licensed to J&J - the '781, '146 and '728 patents. The patents relate to the use of rapamycin, or sirolimus, and its analogues - including zotarolimus.

Read More

Gibson Says it Holds a Patent for Guitar Hero

(Gameshout) Gibson has decided to sue Activision over a patent Gibson has held since 1999 which it says gives it all rights to the Guitar Hero franchise.

Read More

GraphOn files patent infringement suit against Yahoo, five others

(BizJornals) GraphOn Corp. said Monday it filed a lawsuit alleging patent infringement against Yahoo Inc., Classified Ventures LLC, IAC/InterActiveCorp., Match.com, eHarmony.com and CareerBuilder LLC.

Read More

Group: Patent reform bill compromise close

(Washington Post) Advocates of a patent reform bill stalled in the U.S. Senate say negotiators are close to working out compromises that would allow the legislation to move forward.

Read More

Troll Tracker, Defamation, and Splitting the Bar

(PatentlyO) Rick Frenkel - who until recently was known only as the Patent Troll Tracker - has now been sued for defamation by two Eastern District of Texas lawyers: Johnny Ward, Jr. and Eric Albritton. Frenkel recently revealed himself as an IP Director at Cisco Systems.

Read More

Cellphones to keep track of your purchases -- and you

(LATimes) You might not know it, but as of January it became illegal in California for companies to require workers to have devices implanted under their skin that would reveal their whereabouts at all times.

Read More

As patent cases clog courts, drugs are a lawyer's best friend

(GlobeInvestor) It must be the most thankless job on the bench.

A core group of Federal Court of Canada judges toil away in virtual anonymity, juggling an ever-growing backlog of numbingly technical cases involving hundreds of millions of dollars of corporate profits.

Read More

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

About Us - IP Dealroom
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FTF Technologies provides comprehensive IP management solutions to leading corporations and law firms worldwide. One of our most popular solutions is our IP Deal Room, which helps companies during the due diligence process in mergers and acquisitions.

Acting as a neutral third party, FTF Technologies scans a target company's patent and trademark paper documents and enters digital files into a proprietary Tri-Fold system, creating an electronic workspace that mimics traditional tabbed paper IP files. The target company's intellectual property documents are then made available in a secure environment, on demand, so that those documents can be reviewed by the company 24/7. IP Deal Room also allows you to:


· Eliminate manual handling and increase review accuracy
· View ownership, licensee and assignments more rapidly
· Have transparency over the target company's portfolio
· Seamlessly upload files and folders
· Track attorney or administrator actions performed in the application
· Cut the potential loss of trade secrets
· Stage documents securely while awaiting regulatory approval

FTF Technologies specializes in finding cost-effective solutions to meet the needs of individual patent departments. To find out more information about our IP Deal Room, please visit Here.
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Monday, March 10, 2008

March 10th, 2008

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Patent News Watch
From First to File (www.firsttofile.com)
March 10th, 2008
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Headlines for the week: (Scroll down for articles)

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-Microsoft Saves 41 Cents/Share With New Damages Rule
-Qualcomm defeated in patent dispute with Nokia
-CPF Ups the Ante on Patent Reform, Spells Out Damage Apportionment
-Akamai Wins Patent Dispute with Limelight
-Barr Shares Jump on Patent Dispute Win
-Patent police raid booths at CeBit trade show
-Are the rules changing for patent suit site selection?
-End of an era? Patentability of business method patents
-A Selection of Breyer's Hypotheticals
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Microsoft Saves 41 Cents/Share With New Damages Rule

(Bloomberg) Microsoft Corp. cited a new legal rule to reduce a possible loss in a patent trial under way in San Diego by $4 billion, or as much as 41 cents a share.

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Qualcomm defeated in patent dispute with Nokia

(Heise Online) The British High Court has declared that the disputed patents in the patent suit between chip manufacturer Qualcomm and Nokia are broadly invalid. The action, which has been ongoing since May 2006, concerned three patents for GSM technology.

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CPF Ups the Ante on Patent Reform, Spells Out Damage Apportionment

(271 Patent Blog) On March 5, the Coalition for Patent Fairness (CPF) issued a letter to Senators Leahy, Specter and Hatch proclaiming that, not only is damage apportionment necessary, apportionment considerations need to be codified to provide a template for judges to instruct juries:

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Akamai Wins Patent Dispute with Limelight

(PCWorld) Limelight Networks suffered a major blow on Saturday, as a jury in the Massachusetts U.S. District Court found that the company had infringed upon a key content delivery patent held by rival content delivery network provider Akamai.

Read More

Barr Shares Jump on Patent Dispute Win

(Chron) Shares of Barr Pharmaceuticals Inc. jumped Tuesday as Wall Street predicted the drug developer would gain more revenue from generic sales of the birth-control pill Yasmin following a patent dispute victory.

Read More

Patent police raid booths at CeBit trade show

(C/Net) Dozens of exhibitors at Europe's largest gadget confab were in for a surprise this week: Suspecting patent violations, German authorities raided 51 booths, carting off cell phones, navigation devices, and other gear that allegedly infringe on patents.

Read More

Are the rules changing for patent suit site selection?

(C/Net) Forum selection--or the ability to choose the geographic location of the court where a suit for patent infringement is litigated--is one of many controversial issues related to patents these days.

Read More

End of an era? Patentability of business method patents

(C/Net) Maybe you are of a sufficient vintage to remember the game show Let's Make a Deal. But have you ever thought about the similarities between that show and the U.S. patent system?

Read More

A Selection of Breyer's Hypotheticals

(AP) A sampling of Supreme Court Justice Stephen Breyer's colorful use of hypothetical examples over the years:

Read More

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

About Us - IP Dealroom
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FTF Technologies provides comprehensive IP management solutions to leading corporations and law firms worldwide. One of our most popular solutions is our IP Deal Room, which helps companies during the due diligence process in mergers and acquisitions.

Acting as a neutral third party, FTF Technologies scans a target company's patent and trademark paper documents and enters digital files into a proprietary Tri-Fold system, creating an electronic workspace that mimics traditional tabbed paper IP files. The target company's intellectual property documents are then made available in a secure environment, on demand, so that those documents can be reviewed by the company 24/7. IP Deal Room also allows you to:


· Eliminate manual handling and increase review accuracy
· View ownership, licensee and assignments more rapidly
· Have transparency over the target company's portfolio
· Seamlessly upload files and folders
· Track attorney or administrator actions performed in the application
· Cut the potential loss of trade secrets
· Stage documents securely while awaiting regulatory approval

FTF Technologies specializes in finding cost-effective solutions to meet the needs of individual patent departments. To find out more information about our IP Deal Room, please visit Here.
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Monday, March 3, 2008

March 3rd, 2008

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Patent News Watch
From First to File (www.firsttofile.com)
March 3rd, 2008
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Headlines for the week: (Scroll down for articles)

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-EBay Agrees to Settle `Buy It Now' Patent Lawsuit
-Microsoft Challenges Avistar Patents
-Procter & Gamble Wins Patent Infringement Lawsuit for Osteoporosis Therapy Actonel
-Mass. man suing Apple over patent
-Non-Profit Group Attacks Software Patents
-Claim Construction Reversal Rates III - Additional Measures of Experience and Some Possible Explanations
-Attorney Sanctions in Patent Trials, a Trend?
-Are Patents Headed For Extinction?
-Patent attorneys help clients attain dreams, businesses
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EBay Agrees to Settle `Buy It Now' Patent Lawsuit

(Bloomberg) EBay Inc., the world's biggest online auctioneer, agreed to end a lawsuit over its ``Buy It Now'' sales option in a case that reversed an almost 100-year-old precedent in U.S. patent law.

Read More

Microsoft Challenges Avistar Patents

(Sun Herald) Avistar Communications Corporation has received notification that Microsoft Corporation has filed requests for re-examination of 24 of Avistar's 29 U.S. patents. This follows 6 months of unsuccessful business discussions. Thus far, four of the requests have been rejected by the United States Patent and Trademark Office (USPTO) on procedural grounds.

Read More

Procter & Gamble Wins Patent Infringement Lawsuit for Osteoporosis Therapy Actonel

(PR Newswire/MSN) Today the United States District Court of Delaware ruled in favor of The Procter & Gamble Company (P&G) in the patent infringement lawsuit filed by P&G against Teva Pharmaceuticals USA, Inc. The positive ruling protects P&G's rights in the U.S. to exclusively market the osteoporosis therapy Actonel(R) (risedronate sodium tablets).

Read More

Mass. man suing Apple over patent

(Boston Globe) A Massachusetts inventor is suing Apple Inc., saying the company is illegally using his caller identification technology in the popular iPhone.

Read More

Non-Profit Group Attacks Software Patents

(PC Magazine) A group of patent organizations are banding together in an effort to eliminate software patents that they claim are threatening innovation and resulting in costly and unnecessary legal battles.

Read More

Claim Construction Reversal Rates III - Additional Measures of Experience and Some Possible Explanations

(PatentlyO) How do district court judges with varying levels of experience perform on claim construction? Are judges more likely to have their decisions affirmed when they have previous claim construction experience? Previously here and here I provided some background on the large database I compiled and some of the results.

Read More

Attorney Sanctions in Patent Trials, a Trend?

(WSJ) Perhaps it's a coincidence of timing, but not a coincidence of fact. In the span of two weeks, two different teams of outside litigators representing Medtronic in two different patent trials, heard in two different jurisdictions, were both fined attorneys fees.

Read More

Are Patents Headed For Extinction?

(Forbes) Successful free enterprise requires an effective system of property ownership rights. Economists like Hernando de Soto believe that such rights are the underpinning of capitalism and explain how for decades America's strong patent system has fostered economic growth and innovation in the face of intensifying international competition.

Read More

Patent attorneys help clients attain dreams, businesses

(NewsOK) A patent attorney for 40 years, Mike Burdick of Dunlap Codding & Rogers law firm in Oklahoma City enjoys "working with people's dreams."

Read More

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About Us...
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We hope you have been enjoying this weekly newsletter. Our goal is to keep you up to date on breaking patent industry news. In case you haven't had a chance to visit our web site yet, we wanted to provide you with some information about our company and what we do.

FTF Technologies, located in Boise, Idaho, provides comprehensive patent and IP management solutions to leading corporations and law firms worldwide. We are committed to providing companies and law firms with cutting-edge patent document management systems that protect and preserve their valuable intellectual property assets.

Our revolutionary patent document management systems allow you to streamline your patent workflow process, reduce costs, expose potential licensing opportunities and protect your patent's future enforceability.

We specialize in finding cost-effective solutions to meet the needs of individual patent departments. To find out more information, please visit us at firsttofile.com

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