The Scrabulous Effect

Mike Masnick at Techdirt says, "When you look this over, you begin to realize just how badly Hasbro screwed up in handling this situation. In focusing on a legal solution, it may have created the worst case scenario for the business side of the company."
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My Favorite Martin

New Zealand inventor Glenn Martin blasted into the news yesterday with the unveiling of “the world’s first practical jetpack.” Showing off his creation at the Experimental Aircraft Association’s AirVenture show in Oshkosh, Wisc., Mr. Martin strapped his 16-year-old son into the piano-sized pack and let him hover three feet above the ground. The crowd went wild.
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Most Influential People in IP

Managing Intellectual Property has released its sixth annual list of the most influential people in intellectual property (see "Politics, power and passion -- this year's MIP 50").
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NASA turns 50

On July 29, 1958, President Dwight Eisenhower signed his name to the National Aeronautics and Space Act, creating the agency that brought man to the moon, satellites to distant planets, and landers to Mars. No NASA milestone would be complete without tons of multimedia coverage. So, to help ring in this golden jubilee, here’s some of the best multimedia NASA-birthday coverage from across the web.
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Get Paid for Your Knowledge of Golf Products; Introducing the Golf-Patents.com Bounty Hunter

David Dawsey, the IP Golf Guy, says, "Readers of the Golf-Patents blog know that there is a fair share of patent litigation in the golf industry. Further, the validity of the patent-in-suit is always brought into question, primarily by one of the parties producing prior art that was not considered by the US Patent and Trademark Office when it issued the patent. Thus, every year many illegitimate patent applications make their way through the US patent examination process without adequate review. The problem is particularly acute in the golf industry where the history of prior inventions (often called “prior art”) is widely distributed and poorly documented. In other words, a majority of golf industry prior art, whether it be clubs, balls, GPS range finders, training devices, etc. is not easily searchable in a nice library or convenient database."
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iBarista Shuffles

Just a final reminder that Stephen Albainy-Jenei of Patent Baristas ended up having some iPod Shuffles left over from the BIO2008 International Convention, where somehow we missed bumping into him in a crowd of 2,000 registrants at the convention. In the new Patent Baristas iBarista contest, details of which are at the link above, everyone has two new chances to pick up one of the iBarista iPods. Count us in!
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Arguments made distinguishing prior art spell doom for broader claim construction

In a decision last week, the Federal Circuit affirmed a district court's claim construction and related grant of summary judgment of non-infringement. The court affirmed the construction in part because the plaintiff's interpretation of the claim elements was at odds with the plaintiff's stance during the prosecution history. Specifically, the patentee added the element in question to overcome the prior art, then argued that it should be interpreted in a fashion that would have been anticipated by the same piece of prior art.
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Duncan Bucknell's IP ThinkTank Gobal Week in Review

Click on the link above to see this week's selection of top intellectual property news breaking in the blogosphere and on the internet.
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Is China, Korea Or India Part Of Your Gobal Innovation Strategy?

"If not, you must think twice," says Idris Mootee, a business and innovation strategist who blogs at Innovation Playground, which can be found at the intersection of business strategy, experience design and disruptive technologies.
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The Chinese Like Us

Pew's recently released and amazingly comprehensive Global Attitudes Survey has the details.
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Qualcomm & Nokia Settle Litigation

Qualcomm (QCOM) and Nokia (NOK) this afternoon said they have settled all patent litigation between the two companies and reached a new 15-year licensing agreement. The agreement lifts a huge cloud from Qualcomm, and the stock has jumped dramatically in response.
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Qualcomm Patent Found Invalid In German Nokia Case

Qualcomm (QCOM) shares are lower this morning after a German patent court hearing an infringement case against Nokia (NOK) ruled that a Qualcomm GSM patent is invalid. As it happens, a key U.S. case between the two companies begins today in Delaware.
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$1M Prize for Best Developing Country Technology Innovation

Legatum Group, founded by Chris Chandler and based in Dubai, has announced today at Fortune Brainstorm Tech in Half Moon Bay, California announced $1 million prize for the best technology innovation from a for-profit company in the developing world.
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Survey: The Busiest Patent Firms

The magazine IP Law & Business is out with its annual survey of patent litigation, revealing the busiest law firms on both sides of the aisle in patent litigation.
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"Blockbuster" Academic Studies on KSR, Obviousness

Professor Joseph Scott Miller of the Lewis & Clark Law School (and author of the Fire of Genius Blog) has put together a special issue of the law journal that focuses upon the many aspects of the KSR Supreme Court obviousness ruling.
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Oldest Patent Lawyer Dies

Mr. Chittick died Friday at the age of 107, several days after suffering injuries in a fall, The Boston Globe reports. Born in 1900, he turned down a job offer from Thomas Edison and attended George Washington University Law School in Washington, D.C., to become a patent lawyer. He became registered as a patent attorney in 1934 and went to work at the U.S. Patent Office earning $1,900 a year. He later moved to Boston and opened his own office, where he practiced full time until he was 85. He retired to New Hampshire in 1975.
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Blawg Review #169

Whisper CEO Steve Cranford says, "We are pleased to host what has become a weekly must read for those within, and for many outside, the legal profession." This week's presentation includes a number of Intellectual Property blog posts.
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USPTO Survey on Patent eCommerce Customer Satisfaction

As a valued United States Patent and Trademark Office (USPTO) customer, your opinions are important and enable the USPTO to learn what is working well and where there is room for improvement.
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Defensive Publishing Study

Defensive Publishing denotes publication of an invention with the purpose of creating prior art, and thus preventing patents being granted on this invention. Although widely employed, it has hardly been investigated empirically.
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Trademark Worries Throw Wrench in Bdays; That Doesn't Look Like Dora the Explorer

On the front-page of today’s WSJ, Katherine Rosman takes a look at parents whose party plans for their children are getting tripped up by worries of trademark infringement over costumed characters, such as Dora the Explorer, Elmo and SpongeBob.
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Inventor and multiple degree holder heads back to school for J.D.

Sahouani, who will be entering his second year at William Mitchell in the fall, decided to go back to law school to become a better inventor for 3M. So far he has 30 published patent applications with 24 issued patents, mostly in the area of liquid crystal displays technology. But with increasing competition, an inventor who has knowledge of intellectual property and patent law is more valuable to a company, Sahouani said. “It makes me write better patents for 3M, knowing whether it might infringe on another patent,” he said. “I can be a better employee.”
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Duncan Bucknell's IP ThinkTank Gobal Week in Review

Click on the link above to see this week's selection of top intellectual property news breaking in the blogosphere and internet.
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Food Technology & Innovation Asia

This conference will be held on November 20th and 21st, 2008 in Beijing, China. It is a high level summit in Asia food industry organized by Global Leaders Institute, With an exciting line-up of 250+ top-level decision-makers from food administrations, food companies, food additive enterprises, food materials suppliers, logistics suppliers, equipment suppliers, food retailers, verification and attestation companies, food packaging suppliers, and technology service providers, Food Technology & Innovation Asia 2008 provides a superb platform for food industry practitioners to network and meet peers and learn from the best practice on technology and innovation.
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China working to revive its image as an innovative nation

With the 2008 Summer Olympics quickly approaching, the spotlight is on China. Some of the countries most famous inventions have been gunpowder, paper, silk and the toothbrush. According to an article in the International Herald Tribune, China is trying to resurrect its image as an innovative nation.
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Interesting Remedy for Trademark Infringement in China: An Apology

What are the cultural differences that give rise to a legal system in China that provides for an apology remedy, and a legal system in the States that does not?
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Taiwanese Company Complains

Forbes.com is reporting that giant electronics manufacturer Hon Hai Precision Industry Co. recently took out half-page ads in major Taiwanese newspapers to complain about delays in a Chinese court over the prosecution of a Chinese competitor for allegedly stealing its commercial secrets. Spokesman Edmund Ding says Hon Hai's China problems center around concerns that BYD Company Limited, a Chinese electronics maker based in the southern Chinese city of Shenzhen, is systematically looting its trade secrets.
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Technology Transfer Tactics acquires subscribers from Innovation Matters newsletter

Technology Transfer Tactics monthly newsletter, the parent publication of Tech Transfer E-News, has arranged to send its issues to fulfill the remaining subscription terms of subscribers to Innovation Matters newsletter, which has ceased publication. Get details at the link above.
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Sun eclipses Red Hat Firestar pact as patent invalidated

Ryan Paul at ars technica writes, "Sun's recent acquisition of MySQL, and close partnership with PostgreSQL, mean that Sun has a very strong business interest in preventing open source software projects that implement object-relational mapping from becoming future victims of Firestar lawsuits. Sun's efforts in this case, however, will protect far more than just its own segment of the open source software community."
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Duncan Bucknell's IP ThinkTank Gobal Week in Review

Click on the link above to see this week's selection of top intellectual property news breaking in the blogosphere and internet.
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Peer-to-Petering Out

"Peer-to-Patent declared itself a success in its First Anniversary Report. Self flattery had patent blogger praise piled on. The hoopla is not entirely unmerited. What a great concept: the patent community contributing back to the patent system, examination quality improving with an influx of peer-cited art, and pendency decreasing without the PTO lifting a finger. Sounds like a win-win-win. Too bad we don't all live in Tuvalu, where scalability would not be an issue," says Mr. Platinum at The Patent Prospector.
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Sun Invests Time and Resources in Search for Prior Art

Mike Dillon, General Counsel at Sun, writes on his blog, ""There is an old proverb that we like around Sun that says that 'a rising tide lifts all boats'."
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Corporate plan for the UK Intellectual Property Office

The UK Intellectual Property Office, formerly the Patent Office, has published a 34-page Corporate Plan setting out the challenges facing intellectual property, and what they hope to do do in the future.
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Protecting Your Trade Secrets

A brief guide to preserving intellectual capital, published by the law firm of Fish & Richardson P.C. in its Notebook Series, might be a good primer to share with new employees who might be working with trade secrets. A copy can be downloaded from The Trade Secrets Vault at the link above.
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Trade Secrets: General Guidelines Every Employee Should Know

"When most people think of trade secrets, they imagine Coca-Cola's famous recipe locked in a heavily secured vault or the names of Colonel Sanders' 11 herbs and spices dancing in the heads of a select few KFC executives. The truth is that many companies -- large and small -- maintain their competitive advantage by using trade secrets that may be as mundane as source code and customer telephone lists. As technology continues to facilitatethe rapid transfer of information, employees must be able to recognize when they are dealing with trade secrets and use strategies to avoid disseminating legally protected proprietary information." -- from the Introduction to a White Paper available at the link to The Trade Secrets Vault above.
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Green intellectual property auction web site launched

LynxStreet web site aims to link environmental innovators with potential investors.
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Poor Man's Opposition at the PTO: Trickery

Several attorneys relayed their experience with Dennis Crouch's "poor man's opposition" strategies. Click on the link above for another "gamey" approach. Comments ensue!
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Why Shouldn't Competitors Be Able To Weigh In On Patent Applications?

On Techdirt, Mike Masnick writes,"The patent system is only supposed to grant patents on inventions that are new and non-obvious to those skilled in the art. As we've pointed out in the past, the "non-obvious" part of the requirement has long been (effectively) ignored by the patent office. Instead, it mostly focused on whether the invention was new -- and did so by looking at published examples of prior art."
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Resolving the Battle Royale between Information Retrieval and Information Science

The near absence of collaboration between the information science and information retrieval communities has been a greatly missed opportunity not only for both researcher communities but also for the rest of the world who could benefit from practical advances in our understanding of information seeking.
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Duncan Bucknell's IP ThinkTank Gobal Week in Review

Click on the link above to see the latest selection of top intellectual property news breaking in the blogosphere and internet.
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Declaration of Independence

Blawg Review hosts an inspirational reading of the Declaration of Independence on the 4th of July, and next week Jonathan Frieden hosts a special presentation on E-Commerce Law blog in honor of this occasion.
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Green intellectual property auction web site launched

"In our research we realised there was a need for a central repository of green technology and innovation and a venue was required to attract investors and their intellectual property as well as the venture capitalists, corporations and governments with the means to implement them," said Ron Barenburg, chief operations officer at LynxStreet.com.
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Financial Times: the value of branding becomes patent

Legal experts say the rapid rise in Chinese patent filings, which have been growing at a rate of more than 20 per cent a year, reflects a profound change in cultural attitudes to property, and intellectual property in particular – even if the Chinese system for protecting IP rights still has many deficiencies.
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Encouraging results from Peer-to-Patent

Congratulations to the organizers of Peer-to-Patent, which is carrying off one of the most audacious experiments in Internet activism in our day," says Andy Oram at O"Reilly Radar. "A lot of ink has been spilled about Barack Obama's application of social networking techniques to presidential campaigning (and to Ron Paul's successful fund-raising before that) but Peer-to-Patent makes those achievements seem entirely run-of-the-mill."
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What the Prius Has Taught Us About Innovation

Toyota boils down the ingredients of innovation into the 3 C’s: creativity, challenge, and courage. Creativity is a necessary part of innovation, but not sufficient. Creativity that is revolutionary can be impressive, but sometimes a combination of revolutionary as well as evolutionary ideas are needed to make something succeed in the real world. Challenge is the opportunity to be heroes - the chance to achieve greatness. Courage is needed to accept the impossible challenge and be willing to sacrifice blood, sweat, and tears to turn a dream into reality.
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