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.

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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.

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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).

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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.

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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.

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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.

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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.

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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.

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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."

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