Responses to USPTO Trademark litigation tactics

As per the request of comments by USPTO on Trademark litigation tactics (Trademark Technical and Conforming Amendment Act of 2010), following groups responded with the relevant comments: American Intellectual Property lawyers Association, American Bar Association IP Law section, International Trademark Association, Intellectual Property Owner's Association , Eric M.Pelton Blog. Each organization has presented the facts and matter in a lucid and impressive manner.

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New patent info tool : Rubicon Personal IP™

Well I just came across with an interesting, due to be launched Patent Information tool Rubicon Personal IP™. Rubicon IP is a patent info tool which will open the doors for all the patent related inquiries like patent litigation and procedures, patent fees with a user friendly interface ( Edited by premier European IP firm Murgitroyd & Company).The service is due to be launched by spring 2011. Users and IP professionals from all across the globe can create their profiles and can simultaneously access profiles of other members by region and location via the aid of graphical google map interface. Meanwhile the Website is testing for their beta version now, you can still gain access to free trial by registering here. For subscription and current news headlines visit Rubicon Personal IP.

 

ChaCha files trademark infringement suit over HTC smartphone

HTC is sued by the mobile Q&A platform ChaCha for trademark infringement over the HTC ChaCha : a new smartphone that features a smart Facebook button. ChaCha search Inc pursuing the court for injunction against HTC, and it is also requesting an order for unspecified damages.

ChaCha holds a registered Trademark in the United States since 2007.On the other hand HTC ChaCha is android based smartphone targeting the market in spring this year and is gaining popularity amongst the Facebook fans due to its  easy “f” key that users can press to automatically share content via Facebook. 

Meanwhile in determining the probability or likelihood of confusion, the major factor includes: "Whether or not the goods or services using the same mark compete with one another. Marks that are used on similar or related goods or services are more likely to confuse consumers. Even where the plaintiff's products are not exactly similar, the court may in some cases consider how likely the plaintiff is in the future to sell similar products. If at all, the firms are having overlapping consumer base then it becomes difficult to solicit the defendant. Having said that , it will be interesting to watch the case's outcome in the near future , as it might be a calculated risk on the defendant's side.

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Pozen migraine drug fails to get patent extension

Pozen Inc said drug Treximet failed to get the pediatric exclusivity, the regulatory exclusivity is set to expire on April 15.Pozen Inc has acquired three patents on Treximet.Out of which two of the patents expire in August 2017 and one expires in October 2025.These patents have been challenged by four major pharma's namely:  Par Pharmaceuticals Inc,Alphapharm Pty Ltd, Teva, and Dr. Reddy's Laboratories Inc. Meanwhile during the current battle, Pozen's market dominance seems to drop as its shares observed 7 percent fall, this wednesday on Nasdaq.

(Image by D. Sharon Pruitt )

CIP- Forum 2011 offers world class session

With over 550 participants all across the globe, the CIP- Forum, 2011, at Gothenburg, Sweden starts from May 29 to June1,2011. Spanning a total of four days and four parallel themes, it offers a great opportunity for the students to attend this grand session. Amongst the four parallel themes, one session includes the talks on the theme- " Driving Innovation through Intellectual property Management", which will be held at the Swedish Exhibition and Congress Center , Monday May 30 at 13:30-17:00 hrs, Tuesday May 31 at 13:30-17:00 hrs.The Talks will explore new realms to utilize Intellectual property to build business through open innovation. The sessions are as follows:

Session 1: Open Innovation Strategy: Using IP to drive multiple innovation and business strategies.

Session 2: Intellectual Property Management in Manufacturing Industries: Is there a paradigm shift underway.

Session 3:The Future of the Knowledge-Based Firm: Are knowledge-based business models sustainable?

Session 4: Ethics and Intellectual Property – How should IP be used in business sectors with high social welfare implications.

(Note: SNITTS Swedish network for innovation and technology transfer support will in association with the organizers create arrangements within the framework of CIP FORUM 2011).

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Google vs Oracle legal battle still continues

Google legal battle with Oracle may take a new turn with Google's decision to ask USPTO to re-examine a number of Oracle patents.Google requested  ex parte reexamination of four Oracle America patents - U.S. Patent Nos. 5,966,702, 6,061,520, 6,125,447 & Re 38,104 – related to the Java platform. This result is in conjunction with the Google-Oracle battle over intellectual property rights with Oracle litigating against Google claiming Google backed Android Operating system violated Oracle's based java patents and copyrights.Looking at the time span and statistics of USPTO exparte re- examination requests (patent re-examinations on average take about 26 months). With these statistics it appears that there will be a significant delay in the actual trial which gives an absolutely different turn to the case.On the other side if the infringement is proved it could lead to loss of royalties as well as the market shares and dominance affecting both the tech giant firms.Well the due course of time will direct the outcomes on further proceedings in this case.

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Medicines patent pool - facilitating Intellectual property access

Well for all those who are concerned about the growing prices of the pharmaceutical products and inaccessibility of relevant medicines around the globe at affordable prices, here is the solution " Medicines Patent pool". The Medicines Patent Pool aims to improve access to affordable and appropriate HIV medicines in middle or low income countries.Because of the increasing global pharmaceutical patenting, the pharma firms set up a monopoly in the global markets. Knowing that the usual term of patent as 20 years, it becomes difficult for people to afford the already set higher prices of the patented medicines, especially for the low income and underdeveloped and nations, an affordable access to appropriate medicines will aid in efficient healthcare facilities. 

Through a patent pool, patent-holders agree to share their intellectual property with each other or with third parties through the negotiation of licences.The methodology of working involves the pool negotiating with the pharma's or the inventors directly to share their patents with the pool and securing a considerable royalty in return of allowing another producer to manufacture and sell the generic version of their medicines in developing/undeveloped countries.The interested manufacturers can obtain a license from the pool for manufacturing the drug in question.The pool will initiate the production of fixed dose drugs (FDC) which will ease the treatment of the patients and will facilitate a treatment scale up in developing countries.You can access selected publications from the pool here. With big pharmaceutical giants showing willingness to join the pool, the future seems vibrant for the global healthcare system.

( Image Courtesy medicine patent pool )