The biggest news this week was
Chief Judge Randell Rader standing down at the Federal
Circuit and the Supreme Court
ruling laches cannot be evoked in Petrella v
Below is a
selection of intellectual property stories attracting attention
on the internet in the past week that were not covered
(see the bottom
of this blog post for the top stories published by Managing IP
Amazon loses domain
Online retailer Amazon has
lost its bid for the .amazon domain to a group of South
Countries including Argentina, Brazil, Chile, Peru and
Uruguay argued that the online retailer's gTLD bid infringed on
their geographical interests.
letter to ICANN, Peru's vice
minister of foreign affairs Fernando Rojas Samanez said the
preservation of the Amazon region should prevail over the
interests of a private company whose name was inspired by
Stairway to Heaven or Road to
Blomberg Businessweek reports that rock band Led Zeppelin
is in a legal dispute over the copyright to the song Stairway
The lawsuit is being filed on behalf of the late Randy
California of the band Spirit, by Spirit bass player Mark Andes
and a trust that manages royalties for California.
According to California's
obituary in the Independent, Stairway to Heaven "bears more
than a passing resemblance" to California's song
California died in 1997 rescuing his 12-year-old son Quinn
from a rip current in the Pacific Ocean.
Medtronic settles with Edwards Lifesciences
Medtronic will pay more than a billion dollars over the next
eight years to settle a long-running patent infringement
dispute with Edwards Lifesciences over transcatheter heart
Forbes reports that Medtronic will pay a one-off fee of
$750 million with the remainder of the settlement paid in
royalty payments until April 2022. The royalties will range
between $40 and $60 million per year.
The settlement follows an appellate court's April decision
to grant Edwards an injunction prohibiting Medtronic from
selling its CoreValve device. The court made an exception that
allowed Medtronic to sell its device to patients who could not
be helped by Edwards' device.
Enforcing the ban, however, may have alienated
cardiologists, Edwards' core customers.
Whisky sours relations
between Scots and Asians
The Scottish Whisky Association
has filed objections to more than 100 whisky trade marks in
2013, according to its
The organisation made 19 objections to trade marks filed in
India and 17 objections to trade marks filed in China. It made
17 objections to the use of the word glen, which it claims is
â€œsuggestive of Scotland.
The Chinese trade mark office initially dismissed the claims
as being backed by insufficient evidence that glen was
indicative of Scotch whisky. But the Trade Mark Review and
Adjudication Board (TRAD) since rejected eight trade mark
applications including Glend, Glen Range, Glen Volis, Glen
Dare, Glen Lyon, Glen Jent, Glenroyal and Castle Glen.
and Samsung ready to settle?
The Korea Times
reports that Apple and Samsung have resumed negotiations in
an effort to settle claims of patent infringement from both
Citing sources involved in the matter, the Times said the
electronics giants' key goal is to dismiss all lawsuits.
After yet another court battle, the jury returned a mixed
verdict this month. It found Samsung infringed three of the
five Apple patents in the case and ordered Samsung to pay
$119.6 million. Apple had sought $2.2 billion.
But the jury also found that Apple infringed a Samsung
patent and ordered the iPhone maker to pat $158,400. Samsung
had sought $6.2 million.
Meanwhile, both companies have claimed victory after a
Japanese court ruled earlier this month that Samsung could
claim 9.96 million Yen from Apple for patent infringement. The
case involved Apple's use of Samsung's data transmission
technology in the iPhone 4 and iPad 2. The court rejected a
request for an injunction that would have prevented the sale of
On May 16, Apple and Google announced that they had
agreed to drop all patent litigation against each
Game over for Nintendo
scored a victory in a Texas district court, which granted a
joint motion to dismiss a patent infringement suit filed
against it by Wall Wireless.
The dismissal follows the USPTO's
invalidation of the patents at issue.
Wall Wireless had claimed that products including the
Nintendo DS, Nintendo DS Lite and one of its Mario Kart titles
infringed on at least two claims in its US Patent No.
6,640, 086. The patent related to a "Method and apparatus
for creating and distributing real-time interactive media
content through wireless communication networks and the
Nintendo told media that the Japanese patent office also
recently found that it did not violate Japanese patents owned
by Wall Wireless.
Managing IP published the
following stories this week, available to subscribers and
Rader steps down as
Chief Judge of the Federal Circuit
The prospects for
patent reform after Leahy bill pulled
PTAB grants motion
to amend in IPR for first time
suspend InterDigital anti-trust
Leahy takes patent
reform off Senate agenda
adds partner in New York
IP specialists give
tips on cashing in on patents
financing: How small inventors can tackle
hires former Rader clerk
How arbitration may
help with international enforcement
Could Nortel have
doubled the $4.5 billion paid for its IP portfolio?
Supreme Court rules
laches cannot be evoked in Raging Bull
From the blog:
Are big changes
coming in India?
How to develop a
Rader steps down as
Chief Judge of the Federal Circuit