Monday, September 22, 2008

September 22nd, 2008

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Patent News Watch
From First to File (www.firsttofile.com)
September 22nd, 2008
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Headlines for the week: (Scroll down for articles)

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-Broadcom patent claim against Qualcomm revived
-ITC to look into patent claims over Nintendo's Wii
-Samsung bid for SanDisk shows memory market woes
-Intellectual Ventures Getting Antsy; Expect Lawsuits Soon
-Invention Capitalism & the Law: Checking in on Nathan Myhrvold
-Acacia tops troll litigation league
-Want a Declaratory Judgment? Don't Stipulate to Infringement, Validity, and Enforceability of the Patent in Question
-Patent examiner made two legal errors in stem cell patent decision, consumer advocates claim
-University of Utah scientist sues firm over contribution to invention
-Stephen Hawking unveils oddest clock ever
-Lambert jumps into automotive "fad"
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Broadcom patent claim against Qualcomm revived

(AP/LATimes) A U.S. appeals court resurrects a claim against one type of chip involving transmitting of radio signals. It upholds a finding in Qualcomm's favor on a second patent and is reviewing a third.

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ITC to look into patent claims over Nintendo's Wii

(EETimes) The Washington based International Trade Commission will rule over a patent violation claim against games console maker Nintendo brought by a Rockland, Maryland based research company, Hillcrest Labs, which says the hugely successful Wii console violates its IP.

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Samsung bid for SanDisk shows memory market woes

(AP/RockyMountainNews) A $5.85 billion bid by Samsung Electronics Co. to take over SanDisk Corp., a wounded competitor that also serves as a partner, reflects the turbulence in the market for flash memory, a key ingredient in digital cameras, music players and other devices.

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Intellectual Ventures Getting Antsy; Expect Lawsuits Soon

(TechDirt) By this point, it should be rather clear what we think of Nathan Myhrvold's Intellectual Ventures project. It's perhaps the biggest threat to innovation around, as Myhrvold is collecting a ton of patents (now up to 20,000 apparently) and pressuring companies to pay hundreds of millions of dollars to get blanket licenses to avoid getting sued.

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Invention Capitalism & the Law: Checking in on Nathan Myhrvold

(WSJ) Nathan Myhrvold - who began college at age 14, and went on to earn a master's degree in mathematical economics and a PhD in theoretical and mathematical physics by age 23 - is perhaps the most mentioned Law Blog subject who doesn't own a law degree. Why? One word: patents.

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Acacia tops troll litigation league

(AIM) Acacia Technologies is the most litigious non-practising entity/troll (delete according to preference) in the United States. According to research done by PatentFreedom, which is featured in an article to be published in the next issue of IAM, Acacia has been involved in a total of 308 cases in the US courts, 239 of which have been filed since 2003.

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Want a Declaratory Judgment? Don't Stipulate to Infringement, Validity, and Enforceability of the Patent in Question

(Patentbaristas) In Janssen Pharma v. Apotex (08-1062), Apotex tried to get the federal circuit to grant a do-over of the dismissal of its declaratory judgment action for noninfringement against Janssen. Janssen holds an approved NDA for its drug Risperdal® Oral Solution for which the Orange Book listed U.S. Patent Nos. 4,804,663, 5,453,425 and 5,616,587. The '663 patent has been the subject of prior litigation where it was found to be infringed, valid, and enforceable. While Apotex was not a party to that trial, Apotex stipulated to infringement, validity, and enforceability of the '663 patent based on the Federal Circuit opinion.

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Patent examiner made two legal errors in stem cell patent decision, consumer advocates claim

(WTNNews) In a brief filed with the U.S. Patent Office's board of appeals and interferences, consumer watchdog groups have cited two legal errors allegedly made by a patent examiner in confirming a Wisconsin Alumni Research Foundation patent on human embryonic stem cells. The groups that filed the briefs, Consumer Watchdog and the Public Patent Foundation, have asked that WARF's claims on patent 913 be rejected.

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University of Utah scientist sues firm over contribution to invention

(SLTrib) A University of Utah chemist has sued a Utah County firm, alleging that its devices - potentially lucrative hand-held units that field test for chemical agents - are based on patents he helped author.

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Stephen Hawking unveils oddest clock ever

A $1.8 million mechanical clock featuring a massive time-eating grasshopper made its debut at the University of Cambridge Friday, and famed cosmologist Stephen Hawking was on site to introduce the strange and provocative timepiece.

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Lambert jumps into automotive "fad"

(Timesbulletin) It was an exciting year. Nellie Bly completed her round-the-world journey in 72 days. The United States Census Bureau began using a tabulating machine that utilized punch cards to count census returns. Idaho and Wyoming were welcomed as states. Vincent van Gogh committed suicide and the Wounded Knee Massacre took place in South Dakota. A Brooklyn painter named Robert Gair became disgusted with the flimsy nature of the paper board boxes and invented the much stronger corrugated cardboard box.

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