Monday, August 11, 2008

August 11th, 2008

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Patent News Watch
From First to File (www.firsttofile.com)
August 11th, 2008
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Headlines for the week: (Scroll down for articles)

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-New patent suits against Google, Palm and mobile phone makers
-Google Sued For Patent Infringement For Keeping Track Of How Many Ads People Click On
-Reexamination Filings Continue Their Upward Trend
-Lawyer Points Out That Simultaneous Invention Can Get Patents Tossed
-Economic Gridlock - the Invisible Cost of IP Law
-Is It Time To Offshore Protection For Inventions?
-Streams of Thought: The Patent Wars
-US patent office tweaks rule amid court fight
-Lawyering Your Company's Transition to Software as a Service
-Table tennis it's not the game it used to be
-Who really made the first motorcycle?
-The Word About Scrabble
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New patent suits against Google, Palm and mobile phone makers

(heise-online) Despite the efforts of the US Supreme Court to limit the awarding of trivial patents, a number of information technology and telecommunications firms are once more facing accusations of infringing processes that, although not very innovative, are nevertheless protected by industrial property rights. The US firm Aloft Media late last week sued Research in Motion, AT&T, Motorola, Nokia and Sony Ericsson in the Federal Court in Marshall, Texas, which has shown itself to be quite friendly to patent holders.

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Google Sued For Patent Infringement For Keeping Track Of How Many Ads People Click On

(Techdirt) It still seems rather amusing (if not twisted) that some patent system supporters are trying to convince the world Google would be harmed by an absence of software patents. Instead, it seems increasingly obvious that it would only serve to help Google, who is a regular target of questionable patent infringement lawsuits.

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Reexamination Filings Continue Their Upward Trend

(ipfrontline) In the September 2007 issue of this newsletter, we reported on the latest reexamination statistics available at that time. In this issue, we provide an update on those figures based upon the USPTO's recent release of statistics for the first half of fiscal year 2008. Both ex parte and inter partes reexamination filings continue to increase, with inter partes reexaminations again scoring a sizeable increase.

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Lawyer Points Out That Simultaneous Invention Can Get Patents Tossed

(Techdirt) For years, we've pointed out how ridiculous it is that our patent system doesn't include an independent invention defense. It seems rather against the concept of promoting innovation to say that someone who invented something entirely independently should be barred from using his own invention just because someone else invented the same thing slightly earlier.

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Economic Gridlock - the Invisible Cost of IP Law

(Slashdot) "This week's New Yorker magazine has a financial article, 'The Permission Problem,' discussing the hidden cost of patent, trademark and copyright laws. It's a subject anyone here already knows well, but he brings up two interesting points...

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Is It Time To Offshore Protection For Inventions?

(IPToday) With all three branches of the United States government resolutely eroding the value of U.S. patents, it may be time to consider a new patent filing paradigm: partially offshoring protection of intellectual property.

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Streams of Thought: The Patent Wars

(Streaming Media) As content delivery networks (CDNs) commoditize and as streaming grows up, there are three ways for companies to create market share: disrupt, enhance, and defend.

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US patent office tweaks rule amid court fight

(Reuters) - The U.S. Patent and Trademark Office said on Thursday it would limit the retroactivity of a controversial new rule aimed at reducing the size of patent applications and cutting a backlog of patent requests.

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Lawyering Your Company's Transition to Software as a Service

(IPToday) As a general counsel, you're well versed in meeting the legal needs of your employer, a company that has been producing and selling a software product successfully for some time. Change has come, however, and you've just received new marching orders from the CEO - your company will adopt a Software as a Service business model.

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Table tennis it's not the game it used to be

(Sierra Star) Although chants of USA! USA! USA! probably won't echo in the cavernous Beijing University Gymnasium on August 13, the table tennis venue will be packed with frenzied fans from around the world rooting their teams on.

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Who really made the first motorcycle?

(The Economic Times) When it comes to the origins of the motorcycle, the history books are unanimous in crediting Gottlieb Daimler and Wilhelm Maybach for creating the archetype in 1885. However, while there is little doubt that their "Petroleum Reitwagen" was indeed the first two-wheeler to be successfully fitted with an internal combustion engine, it is not quite accurate to refer to it as the first true motorcycle.

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The Word About Scrabble

(Creators) So have you heard about the Scrabble squabbles, the brouhaha over Scrabulous, the popular but unauthorized version of the game played online by millions of Facebook users? It was created by a pair of brothers in India, much to the dismay of Hasbro, controllers of the game in the United States, who have their own application on Facebook launched two years after Scrabulous and considered by most fans to be inferior.

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