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More Than Meets the Eye

What do you think of when you hear the phrase "Transformer Prime"? If you grew up in the 80s, you probably immediately think of the Transformers cartoon and the character Optimus Prime. (Admit it: Now you're trying to get the Transformers theme song out of your head.)

Hasbro holds the trademark for "Transformer" for its line of toy robots that change into vehicles and back into robots. The brand is still going strong, fueled by a recent series of live-action movies, more toys and, of course, a new generation of little boys to collect them.

How Not to Infringe the iPhone and iPad

As a public service, we present Apple's handy guide to not infringing the iPad or iPhone with your tablet PC or smartphone (Hat tip to ITworld.com):

So Sue Me!

(UPDATED December 30, 2011)

We thought it was interesting when we read that PIEtech, Inc., a company in Powhatan, Virginia, actually asked to be a defendant in a patent infringement lawsuit that involved one of its clients.

In August, PIEtech's competitor (and neighbor in Richmond, Virginia) Wealthcare Capital Management, sued the large Wall Street firm UBS Financial for infringement of patents for a “Method and System for Financial Advising”. Both patents were issued last summer.

USPTO Reduces Patent Pendency – But Is That Good News for Inventors?

By David Ziskind, IP Counsel - In a December 12, 2011 PatentlyO blog entry, Patent Law Analysis by Professors Dennis Crouch and Jason Rantanen[1], the authors notice a trend that average patent application pendency has leveled off (and in fact has begun to recede to a time period of three years or less) in the years between 2010-2011.

Forty Lashes

Normally this blog isn't known for keeping up with any of the (many, and seemingly interchangeable) Kardashians, but we couldn't pass this one up: A resident of Beverly Hills has filed for a trademark on the name "KardashianLash," and the Kardashian clan is not amused.

Sarah Ehrlich applied for the trademark for use with a "medicated liquid eyeliner for the purpose of enabling eyelash growth." She plans to use the proceeds from the sales of this product to send Honduran orphans to cosmetology school.

Keeping Us Occupied

As if the news weren't already sufficiently preoccupied with Occupy Wall Street stories, we bring you another one. But instead of featuring the exploits, arrests or debauchery of bored college kids living off their capitalist pig parents, let us tell you the tale of some good old American opportunists making a beeline for the Trademark Office.

A Fairytale Ending for a Facebook Lawsuit

Filing a patent infringement lawsuit against Facebook had a happy ending for WhoGlue, a "relationship-management-software developer" recently acquired by the social networking giant.

WhoGlue sued Facebook in September 2009 for infringment of U.S. Patent No. 7,246,164, which was awarded to WhoGlue in 2007 for a “Distributed personal relationship information management system and methods.”

Not Even Close

Sometimes a patent claim is drafted in such a way that, as a practical matter, it can’t be infringed. Without such direct infringement, there can be no indirect infringement, i.e. no contributory infringement, nor any inducement to infringe. Sometimes this annoying little detail escapes patentees eager to enforce their patents. Moreover, some patentees seem to confuse the possibility an item was used in an infringing manner with actual infringement. (PrivaCash, Inc. v. American Express Company et al.)

The Last Word

In its recent landmark Bilski non-decision, the Supreme Court held that the now-famous “machine-or-transformation test” (MOTT), although “a useful and important clue,” is not the sole test for determining the patentability of process claims. Fortunately for the legion of lawyers who will now earn vast sums of money litigating the question, the Court did not indicate what other test might apply. Well, to the chagrin of the lawyers, the Court Of Appeals For The Federal Circuit (CAFC) has now stepped in to fill the vacuum.

Measure Of Damages

For some time we have been writing about lawsuits alleging that a manufacturer has “mismarked” its products. Generally, these cases involve venerable products formerly covered by patents which are now expired. If the manufacturer neglects to remove the expired patent numbers from the product, ZAP, they get sued by some “marking troll.” As the reader may have discerned, we disapprove of such lawsuits. Now, however, we have come across a claim of mismarking of which we most heartily approve. (Polytree (Hong Kong) Co., Ltd., et al. v. Forests Manufacturing, Ltd.)