Monday, August 18, 2008

August 18th, 2008

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Patent News Watch
From First to File (www.firsttofile.com)
August 18th, 2008
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Headlines for the week: (Scroll down for articles)

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-Patent lawsuit puts spotlight on a pair of heavyweights
-Maintain an automated networked database? GraphOn wants to sue you
-Broadcom wins latest patent battle over GPS technology
-Nevada Jury Awards Inventor Gil Hyatt $388 Million Against California's Taxing Agency
-Exposing The Patent Troll Playbook... And How To (Almost) Beat It
-Fish & Richardson Settles Suit Against Ex-Partner Over Patent Sale
-Patent Office Adopts New Rules for Conduct
-Evident domain
-Is the USPTO Trying to Put Itself In A Better Light On Appeal?
-Why Treating Patents As Property Is A Bad Idea
-No Inequitable Conduct if Examiner Finds Withheld Reference while Searching
-Historically Speaking: Boy from Griswold grew up to design great Army rifle
-Getting a grip for 25 years
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Patent lawsuit puts spotlight on a pair of heavyweights

(UNION-TRIBUNE/SignonSandiego) Poway entrepreneur Cary Jardin - a co-founder of IPivot, an Internet hardware company that was sold to Intel for $500 million in 1999 - claims a more recent concept was stolen by a former employee.

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Maintain an automated networked database? GraphOn wants to sue you

(ZDNet) GraphOn is suing Google for patent infringement and the company appears to be doing a nice imitation of NTP, the company that made its name by suing Research in Motion. GraphOn is going for gold in the patent troll Olympics.

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Broadcom wins latest patent battle over GPS technology

(CNet) Chipmaker Broadcom has won the latest battle in a patent dispute with SiRF Technology Holdings, a developer of location-based technologies.

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Nevada Jury Awards Inventor Gil Hyatt $388 Million Against California's Taxing Agency

(PRNewswire/StreetInsider) Gil Hyatt, a Nevada inventor, scientist and engineer with over 70 patents from the United States Patent & Trademark Office to his credit, was awarded more than $388 million by a Nevada jury against the Franchise Tax Board of the State of California. Liability was based on torts committed by the Franchise Tax Board while auditing Mr. Hyatt's residency, during the time he received substantial sums of money for licensing his patents.

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Exposing The Patent Troll Playbook... And How To (Almost) Beat It

(Techdirt) We've written about patent hoarding firm RTI before, back when it sued Google. At the time, we pointed to Rich Tehrani's fantastic article about the company and how it was basically one guy who claimed his rather narrow patents covered pretty much everything having to do with VoIP. Pretty much any company of any substantial size that had anything to do with VoIP had been on the receiving end of threats and/or lawsuits from RTI.

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Fish & Richardson Settles Suit Against Ex-Partner Over Patent Sale

(ABAJournal) Fish & Richardson has settled its lawsuit against ex-partner Scott Harris that claims he breached his duties to the firm by selling his inventions to patent trolls, one of which sued a firm client.

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Patent Office Adopts New Rules for Conduct

(PatentBaristas) The United States Patent and Trademark Office (Office) is adopting new rules governing the conduct of disciplinary investigations, issuing warnings when closing such investigations, disciplinary proceedings, non-disciplinary transfer to disability inactive status and reinstatement to practice before the Office.

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Evident domain

(SCMagazine) With e-discovery laws in effect, companies find benefits to data archiving, says TLC Vision's Roger McIlmoyle. Dan Kaplan reports.

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Is the USPTO Trying to Put Itself In A Better Light On Appeal?

(PatentBaristas) In a notice labeled "Clarification of Patent Regulations Currently in Effect, and Revision in Applicability Date of Provisions Relating to Patent Applications Containing Patentably Indistinct Claim," the US Patent and Trademark Office (USPTO) published a notice to "clarify" just which patent-related regulations are currently in effect.

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Why Treating Patents As Property Is A Bad Idea

(Techdirt) We've pointed out in the past why it doesn't make much sense to treat "intellectual property" as "regular property," since it ignores some very important differences between the two. James Bessen and Michael Meurer, who wrote the recent book Patent Failure have always taken a slightly different approach. While they agree with us that the patent system tends to do more harm than good (and they've got a ton of research to back that up), they claim that the problem is that patents don't act enough like property.

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No Inequitable Conduct if Examiner Finds Withheld Reference while Searching

(PatentlyO) In 2007, Teva sued Apotex infringing its carvedilol patents. Apotex counterclaimed with charges of inequitable conduct - alleging that Teva had failed to disclose "any of the English language counterparts" of a submitted prior art reference.

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Historically Speaking: Boy from Griswold grew up to design great Army rifle

(NorwitchBulletin) Some individuals show early signs and foreshadowing of what they will accomplish as adults. Today we look at one such individual (John Cantius Garand).

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Getting a grip for 25 years

(ScrippsNews) They started as cardboard and wood prototypes assembled in a Portland, Ore., garage. Now they're made of stainless steel and hang from belts, sit in pockets and ride in backpacks to the most remote corners of the world. The Leatherman multitool, must-have equipment for many a working man and/or outdoorsman, turned 25 last month.

Read More


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