Intellectual Property News - November 2009

Patent infringement suit filed against Lupin Limited – November 30, 2009

Lupin Limited has been sued by Depomed, Inc for patent infringement. This lawsuit has been filed in the United States of California for the Northern District of California. Depomed Inc. claims that Lupin Limited and its subsidiary, Lupin Pharmaceuticals Inc., have infringed its patents listed in the Orange Book for GLUMETZA® (metformin hydrochloride extended release tablets). Matthew M. Gosling, Depomed’s Vice President and General Counsel stated that “We have full confidence in the intellectual property rights protecting our GLUMETZA products. We intend to vigorously defend and enforce our intellectual property rights, as we have in previous infringement actions.” 

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Sally’s Saloon & Eatery faces copyright infringement lawsuit – November 24, 2009

Sally’s Saloon & Eatery is facing a federal copyright infringement lawsuit and upto $90,000 in fines after allegedly playing songs by Bon Jovi, AC?DC and Gwen Stefani illegally. The plaintiffs in this law suit include major record label and publishing companies. This lawsuit that has been filed on October 28, 2009 claims that Sally’s management did not seek or obtain a license agreement from ASCAP, which represents all three artists. The songs mentioned in the lawsuit are “Thunderstruck” by AC?DC and “Livin’ on a Prayer” by Bon Jovi and “The Sweet Escape” by Gwen Stefani. 

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Bellagio hotel-casino sues Canadian company for trademark infringement – November 24, 2009

The Bellagio hotel-casino situated on the Las-Vegas filed a suit against Bellagio Limousines located in Toronto. This lawsuit was filed in the U.S. District Court in Las Vegas. The Canadian company is doing business as “Bellagio Limousines.” The lawsuit states that since it opened in 1998, its trademarks “have become distinctive and famous” worldwide for resort, hotel and casino services which also include concierge and limousine services. 

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U.S. Patent Examiners gain access to India’s New Traditional Knowledge Search Tool – November 23, 2009

The USPTO announced that the Government of India granted to the US Patent Examiners access to the new digital database that contained a compilation of traditional Indian knowledge. This database has been developed jointly by India’s Council of Scientific & Industrial Research (CSIR) and the Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH) and includes over 200,000 traditional medicine formulations on Ayurveda, Unani and Siddha comprising 30 million pages. Sharon Barner, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO said that “The USPTO has long been concerned about attempts to patent traditional knowledge, not only because it may result in an incorrectly granted patent, but also because it removes knowledge from the public domain.” 

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Third Patent Application filed by Entest BioMedical for COPD Stem Cell Treatment – November 18, 2009

Entest BioMedical Inc. which is a majority owned subsidiary of Bio-Matrix Scientific Gropu Inc. filed a third patent application relating to the area of Chronic Obstructive Pulmonary Disease (COPD). The patent application covers an implantable medical service device useful in re-directing the immune system to stop tissue inflammation. Entest’s CEO stated that “To date Entest has filed two previous patent applications covering use of fat stem cell components in COPD and methods of using photoceuticals to enhance stem cell therapy. The current patent application has a variety of derivative uses outside of COPD including treatment of transplantation rejection, and other disease in which the immune system has gone awry.” 

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South Carolina’s first lady Jenny Sanford tried to trademark her name – November 16, 2009

Jenny Sanford, South Carolina’s first lady filed an application to trademark her name on July 2, 2009. The trademark application states that the mark “Jenny Sanford” would be used for “product merchandising to be sold at online retail store featuring clothing, mugs and other household items; stickers, decals, notepads.” In an email, Jenny Sanford insisted that “there was never an intention to profit off this trademark or sell merchandise, only an effort to protect my family's privacy and my name from inappropriate use and product placement going forward.” 

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Google Books deal receives a guarded welcome in Europe – 16 November 2009

Giving the Google Book deal a cautious welcome, the Federation of European Publishers said in a statement that “It is positive that the parties considered the concerns of European publishers and made some steps, however we want to analyze more thoroughly the new Settlement before giving a final comment.” The modified settlement, runs to nearly 370 pages and seeks to address copyright and anti-trust objections raised by the US Department of Justice and others to the original version of the complicated legal agreement. 

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Natural Alternatives International, Inc sues Vital Pharmaceutical, Inc for patent infringement – November 11, 2009

Natural Alternatives International, Inc (NAI) filed a lawsuit against Vital Pharmaceutical, Inc alleging infringement of its patents exclusively licensed to it relating to its CarnoSyn® beta-alanine. This lawsuit has been filed in the U.S. District Court of Delaware. NAI is headquartered in San Marcos, California and is a leading formulator, manufacturer and marketer of nutritional supplements. CarnoSyn® is a proprietary, patented form of beta-alanine which is a naturally occurring beta amino acid produced in muscle tissue as a component of carnosine. 

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Samuel Bartley Steele appeals copyright claims – November 11, 2009

Samuel Bartley Steele who alleges that Jon Bon Jovi stole his song is planning to appeal the verdict that dismissed his claims. He claims that the singer copied his song “(Man I Really) Love This Team” for his own song “I Love This Town.” This claim was made with regard to his song about the Boston Red Sox baseball team against the band, Time Warner and Major League Baseball organization last year and sought $400 billion as compensation. 

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“TV Everywhere” trademark application filed b Dish Network – November 9, 2009

Dish Network filed a trademark application for “TV Everywhere,” which it is seeking to use for its forthcoming Slingbox-enabled set-top box. As described by Time Warner Inc. CEO Jeff Bewkes, “TV Everywhere” encompasses Web-based video services available only to pay-TV subscribers provided through cable, satellite or telco TV operators in cooperation with programmers. Dish Network representatives however denied to comment whether company is developing a service along those lines. Dish Network filed the "TV Everywhere" trademark application with the U.S.PTO on September 17, 2009. Among other things, the filing covers "television transmission services" as well as "providing access to electronic sites for remote access, recording, and viewing of television programming via personal computers, mobile phones, personal digital assistants, and laptop computers." 

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Patent application of Jeff Jianhua Chen (Sunlite Inc.) titled “Flashlights Utilizing Unique LED Light Sources” allowed – November 4, 2009

Patent Application of Jeff Jianhua Chen (Sunlite Science & Technology, Inc.) titled “Flashlights Utilizing Unique LED Light Sources” has been allowed. Sunlite Inc. is an opto-electronic material and device manufacturing company. It was founded in 1996 in San Jose, California. The company has won the competitive award from the Kansas Enterprises Technology Corporation to develop the Aluminium-Indium-Gallium-Phosphide (AlInGaP) High Brightness LED (HB-LED) wafers covering the color range from yellow to red.

Bangladesh United Airways sued for trademark infringement by United Airlines – November 4, 2009

Bangladesh carrier – United Airways has been sued by United Airlines Inc. for trademark infringement. United Airlines claims that United Airways’ name will confuse its customers. The U.S. carrier is the third largest airline company which has more than 3,300 flights in a day. According to the complaint filed in the U.S. District Court in Brooklyn, New York, United Airlines told the Bangladesh carrier to stop using its name in 2007. The complaint further states that United Airways plans to expand its air service from Bangladesh and India to markets including the U.K. where United Airlines already has its business. The complaint was filed on November 2, 2009. 

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William Patry releases his book “Moral Panics and the Copyright Wars” – November 3, 2009

William Patry, an established copyright lawyer for 27 years has released his new book titled “Moral Panics and the Copyright Wars.” He has served as a key counsel to the House of Representatives and is currently Senior Copyright Counsel at Google. His newly released book repeatedly takes the direction of “screed” territory. A paragraph in his new book reads: “Corporate copyright owners live in fear, especially fear of their own consumers. Those consumers are young, tech savvy, and have wrested control over corporations' physical product from them, an unthinkable act 10 years ago. The result is a classical moral panic against youth... The Copyright Wars are a fight against our own children and it is a fight that says everything about the adults and very little about the children.”

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