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Intellectual Property News - February 2009

Microsoft’s suit with Tom-Tom sparks open source discussion Feb 26, 2009
The filing of a suit against Tom-Tom’s alleged patent infringement of eight of Microsoft’s patents has led to widespread discussion on Microsoft’s behavior as “threatening” and “antagonistic” towards the open source movement. Eben Moglen, a Columbia Law School professor and chairman of the Software Freedom Law Center has stated, “The free (software) world has to defend itself,” he said. “We are considering our options and evaluating the situation.” Other open source leaders have gone as far to say, “This indicates that they don't understand how to actually participate as a responsible member of the open-source or Linux community, and their behavior is clearly antagonistic to Linux. It's unfortunate they decided to adopt this tact.” - Keith Bergelt, chief executive of the Open Invention Network.

Read the full article at http://news.cnet.com/8301-10805_3-10173126-75.html

UK Intellectual Property Office Offers IP Health Check Diagnostic Tool Feb 26, 2009
The UK Intellectual Property Office has developed a free online IP Health Check Diagnostic Tool. The tool is said to help "artists, inventors, sole traders and small and medium sized businesses identify, protect and commercially exploit their intellectual property." Once the relevant information is entered, a confidential report is said to be created consisting of recommendations on how to protect and exploit one's IP.

For further details see http://www.ipo.gov.uk/iphealthcheck

Bridgestone Wins Trademark Infringement Case Feb 23, 2009
Manufacturers in China, Shandong Santai Rubber Co. Ltd. and Hangzhou Bridgesteel Rubber Co. Ltd. is said to have infringed Bridgestone's trademark by using marks such as 'Rockstone' and 'Bridgesteel'. Bridgestone reached at agreement with Shandong Santai Rubber Co. Ltd. in December 'which included the suspension of the manufacturing and marketing of tires using the "Rockstonename' and the Court has ruled that Hangzhou Bridgesteel Rubber Co. Ltd. 'must cease use of the "Bridgesteel" trademark and its Chinese equivalent, dispose of the molds, and cease use of the Chinese equivalent of "Bridgesteel" as its company name.'

For details, see http://www.tirereview.com/default.aspx?type=wm&module=4&id=2&state=DisplayFullText&item=13874

IP Protection Necessary – Recent Survey Results Feb 19, 2009
According to a recent survey conducted in Hong Kong, 96% of the people questioned stated that Intellectual Property protection was important and necessary. Mr. Stephen Selby, the Director of Intellectual Property states, “ While it is encouraging to see that awareness of intellectual property among Hong Kong people is increasing and they are buying less pirated and counterfeit goods, we need to focus on new trends

Read full story herehttp://news.gov.hk/en/category/lawandorder/090219/html/090219en08001.htm

IP Lawsuits in Maryland Increase Feb 19, 2009
In spite of the slowdown in the economy, statistics on Justia.com show that the number of patent, copyright and trademark lawsuits have increased in Maryland in the year 2008 as compared to 2007. The number of patent lawsuits in 2007 was 31 which increased by 30% in 2008. The number of trademark lawsuits in the year 2008 was 36, 3 more than the previous year and the number of copyright lawsuits has increased to 40 compared to 30 copyright lawsuits the previous year.
For details on this story, read

http://www.marylandiplaw.com/2009/01/articles/patents/number-of-patent-lawsuits-initiated-in-maryland-increases/

Samsung and Kodak Patent Dispute Feb 18, 2009
Samsung and Kodak are said to be in the midst of a patent dispute over technology used in their mobile phones and digital cameras. In November, Kodak filed a complaint with the U.S. International Trade Commission “alleging mobile phones and other wireless devices by Samsung and home rival LG Electronics Inc (066570.KS) infringed on patented Kodak technology.
According to Reuters, Samsung Electronics Co Ltd has now “asked the U.S. trade panel to block imports of Eastman Kodak Co's (EK.N) digital cameras in the ongoing patent dispute.” Samsung has also filed their own complaint alleging that Kodak is infringing their patented technology.
For further details see

http://www.reuters.com/article/rbssSemiconductors/idUSN1847153020090219

US Patent Issued for Discovery of Hepcidin as a Biomarker for Ovarian Cancer Feb 13, 2009
Vermillion, Inc., a molecular diagnostics company based in California announced that the U.S.PTO has issued a notice of allowance for their patent application for the discovery of hepcidin as a biomarker for Ovarian Cancer. This discovery is said to provide physicians with additional information to diagnose ovarian cancer. Dr. Eric T. Fung, Chief Scientific Officer and co-inventor of the patent application has stated that the patent will comprise an important component of their ovarian cancer patent portfolio.

For details on this story, read http://www.sunherald.com/prnewswire/story/1135338.html

Victhom files patent application for prevention of death in epilepsy patients. Feb 11, 2009
Victhom Human Bionics Inc., has filed a patent application for the prevention of unexplained death in epilepsy patients. Epilepsy is a neurological disorder that affects about 1% of the world's population. Mr. Nadar Kameli, the Chief Operating Officer of Victhom's Neurobionix division explains that "the death rate among epileptics is about three times that of age-matched cohorts. This statistic may be explained by consequences of epilepsy, but in a surprising number of cases, there is no obvious cause of death". Victhom filed a patent application relating to 'a method and device aimed at preventing sudden unexpected death in epilepsy using its neuromodulation platform.'
Read full story here

http://www.foxbusiness.com/story/markets/industries/health-care/victhom-announces-filing-patent-application-address-sudden-unexplained-death-2023567962/

Copyright Infringement for Obama Artist Feb 9, 2009
Shepard Fairey, the artist of the Obama print has filed a suit against the Associated Press seeking an order that the print of Obama created by him constitutes fair use and does not infringe the copyright in the photo of Obama owned by Associated Press. Associated Press is said to be shocked at this move as both parties were in the midst of discussions. "At Mr. Fairey's attorney's request, we agreed AP would not pursue legal action while in these discussions."
For further details see

http://www.ipwatchdog.com/2009/02/09/obama-artist-sues-ap-over-copyright-fair-use/id=1992/

Universal Surveillance Systems Owns 25 Patents Feb 6, 2009
Universal Surveillance Systems or otherwise known as USS Corp. announced that they now own 25 patents for their innovations in technology related to retail security and protection. USS Corp has additionally18 pending patents.
Adel Sayegh, the President and CEO of USS Corp. thanked their customers for their support and partnership and stated, "USS Corp will always pursue newer and more progressive technologies so that we will always remain the leading innovator in loss prevention solutions."

For further details see http://www.pr-inside.com/universal-surveillance-systems-announces-r1046608.htm

Microsoft and Brother Industries Enter Cross Licensing Agreement Feb 4, 2009
According to RTT news, Microsoft Corp. has entered into a cross licensing agreement with Brother Industries for each other's patent portfolios. Through this Agreement, Brother Industries shall have access to Microsoft's patents including Microsoft Windows and Microsoft Office. Microsoft on the other hand shall have access to Brother Industries' products such as multifunction products, printers and certain Linux-based embedded devices.
For details on this Agreement, see the full article at

http://www.rttnews.com/Content/QuickFacts.aspx?Node=B1&Id=844975%20&Category=Quick%20Facts

Jon Dudas, U.S.PTO Director Joins Foley & Lardner LLP, Feb 2, 2009
U.S.PTO former director and Former Secretary of Commerce Jon Dudas has joined Foley & Lardner LLP as a partner in working in Intellectual Property and Public Affairs Practices. Dudas states, "Joining Foley was a natural next step after having the honor to serve at the U.S.PTO. The firm's Intellectual Property practice is consistently recognized in the top 10 nationally for both IP litigation and prosecution and its platform offers me a tremendous opportunity to continue fostering innovation and intellectual property at this crucial time."
Dudas served his role as Former Secretary of Commerce and U.S.PTO director since July 2004. He resigned his post in mid Jan 2009.
Read the full article at

http://www.foley.com/news/news_detail.aspx?newsid=3717

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