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FDA Approves New Labeling for Merck Blockbuster HIV Drug ISENTRESS

This newly approved, updated prescribing information for ISENTERSS now includes 240-week results from the STARTMRK study, the double-blind Phase III study that evaluated integrase inhibitor in previously untreated adult patients with HIV-1 infection. The results show that the regimen containing ISENTRESS in combination therapy demonstrated long-term viral suppression and a greater immunologic response than conventional treatment regimens, as well as a proven, long-term safety and tolerability profile through 240 weeks in previously untreated adult HIV-1 infected patients. ISENTRESS had sales of $243,636,000 during Q1 of 2013, and has experienced growth quarter over quarter, which means that ISENTRESS is flirting with the $1 billion per year in sales that would make it a blockbuster drug.

Surfboards and Umbrellas: Solar Power Patents for Summer

A few patent applications give us an insight to some of the intriguing uses of solar energy we might see someday in our own backyards. One application describes an umbrella table capable of storing electricity and sending it to electrical outlets on the table. Another application is for a grill canopy with solar-powered lighting displaying downward from the fabric top. A third application would protect a solar powered outdoor lamp with a more stable base for non-permeable ground settings. The USPTO has also recently issued patents to some individuals and small groups who have devised new ways of utilizing solar power through summer activities or ornaments. One patent protects a surfboard that collects and stores electricity safely for later use. Another patent protects a system of storing electricity from solar energy to light decorative wind chimes at night.

Acacia Research CEO Paul Ryan to Retire in August 2013

Acacia Research Corporation (Nasdaq: ACTG) announced on Friday, July 5, 2013, that its Board of Directors appointed Matthew Vella, Acacia’s current President, as Chief Executive Officer and a Director effective August 1, 2013. At this important moment when the patent rights pendulum has swung Vella takes over. He will have his hands full as he steps into the spotlight as the public face of Acacia. There is growing animosity toward non-practising entities and numerous legislative attempts underway to benefit big business at the expense of universities, individual inventors, research and development companies and those who acquire rights. His task will not be an easy one. As a publicly traded company Acacia’s information is there for all to see, making them an easy target.

Nintendo Wins Attorneys’ Fees Fighting Baseless Patent Lawsuit

This is an exceptional case; IA Labs brought an objectively baseless claim, which the Court finds was brought in bad faith. Interaction Laboratories, Inc. — the original ‘226 patent holder — developed a product known as the Kilowatt that embodied the invention of the ‘226 patent. It was sharply apparent that the Kilowatt had been publicly demonstrated at trade shows, disclosed in numerous publications, and offered for sale more than one year prior to the filing of the patent application. Thus, the ‘226 patent was, without question, statutorily invalid pursuant to the on-sale bar. Since IA Labs knew of these invalidating activities before it sued Ninetendo for infringement, the Court can only conclude that it sued on the ‘226 patent in bad faith…

SCOTUS Seeks US Views on Joint Infringement of Process Claims

The Supreme Court on June 24, 2013, called for the views of the Solicitor General on petitions to review the Federal Circuit’s en banc decision on joint infringement of process patents. That decision held that induced infringement of a process patent claim may be found even though no single entity performed all of the claimed steps as long as claim steps are performed collectively by multiple parties

Why Are Individual Inventors Important To America?

Ray Niro writes in defense of independent inventors: Can anyone cite what section of the Constitution or the patent law reserves the right to obtain and enforce patents exclusively for large manufacturing companies? And how can an individual or small company compete against a large company that decides to copy without concern for the cost or risk of litigation? My plea to those in power is simply this: listen to both sides before you act, please. Stop categorizing all NPEs as bad. Go after abuse where it actually exists. And, please: protect American inventors and invention, not those who copy innovation.

Do Restriction Requirements Vary by Technology Center?

For patent prosecutors and their clients, restriction requirements represent a significant cost increase as splitting one patent application into several new applications results in the multiplication of fees and, often, loss of protection due to expense limitations. The issuance of restriction requirements by patent examiners at the USPTO seems to be somewhat random and inconsistent.

17 Members of Congress Push to Exclude USPTO from Sequester

On June 24, 2013, 17 Members of Congress wrote a letter to Congressman Frank Wolf (R-VA) and Congressman Chaka Fattah (D-PA), who are respectively the Chairman and the Ranking Member of the Subcommittee on Commerce, Justice, Science of the House Appropriations Committee. The letter to Congressmen Wolf and Fattah was short and to the point, saying: “We write to request your assistance in addressing the Office of Management and Budget’s (OMB) recent decision to sequester user fees which fund the United States Patent and Trademark Office (USPTO). As a result, almost $150 million in inventors’ fees in Fiscal Year 2013 have been locked in USPTO’s general fund. We request that the Approrpiations Committee allow USPTO to access the sequestered user fee funds.”

Celebrating the Fourth of July with Fireworks Patents

Two patent applications we feature below have some interesting implications to the future of fireworks. One application would protect a kit that allows inexperienced consumers to easily set a fireworks display which is choreographed to music. Another application would provide more information to potential customers who want to view a firework in action before buying one. A number of patents issued recently by the U.S. Patent & Trademark Office serve to improve safety and manufacturing efficiency for fireworks. One patent provides a new combustion chamber design for the use of propellant materials that create less smoke, while another patent provides launcher reinforcements to protect spectators if a firework is installed improperly. A final patent we feature here protects a system of manufacturing firework cylinders to prevent inconsistencies in design that occur often with current manufacture processes.

Patented Wake Board Made in America by Inventor Company

Licensing is relatively easy and potentially less risk financially and less time consuming, but licensing also has its negatives. So I went to Surf Expo with my wife to help us decide what to do… At the tradeshow, we found that the President of the Water Sports Industry Association loved our product, but he warned us that if we were to license this product into the existing market that what we would find was two-fold: one, they wouldn’t do it with the same heart, they wouldn’t have the same passion as the inventors and the team that created it and, two, they wouldn’t potentially invest the right amount of money into it and in some cases they may actually bury the product concept and prevent it from coming into the market, because they may see our product as competition to their market. It could have a potentially negative impact on say kneeboards. I was warned to stay away from licensing, in this particular case, and if we really wanted to see it grow, to go full-time into it. So I asked my two friends if they really wanted to take this on and I would be their mentor as they go through the process of beginning a company. So that took the stress off of me. I gave them equity in the new venture, which owned a full utility patent. They showed what they were made of and created a very successful business with a simple concept, “to help lots of people enjoy their time on the water!”

UC Patent App Discloses Cell Phone to Brain Interface

patent application needed separate treatment because the patent application explains that the innovation could be used to “detect abnormalities and transfer the information through cell-phone network…” If you let your Sci-fi mind run wild you can envision all kinds of potential uses for a technology capable of monitoring brain function to detect abnormalities. Could it, for example, know when someone is about to do something illegal or before someone might engage in self destructive behavior? As the boundaries of science and technology continue to get pushed into new realms you can certainly bet that there will be a great many technologies that will provoke significant ethical debate.

Leason Ellis Sues Another Trademark Scammer in Federal Court

The firm is back at it again in 2013 taking on another alleged trademark scam operation after successfully prevailing in a similar claim just over 1 year ago against USA Trademark Enterprises. See Trademark Scammers Out of Business Thanks to Leason Ellis. In that case, 7:12-cv-0620 (SDNY), alleged that the defendants had engaged in false advertising and unfair competition by marketing a so-called “catalog” of trademark registrations. The case settled for $10,000, which the firm donated to the United States Patent and Trademark Office (USPTO). Thus, the defendants would do well to stand up and take notice. It seems that Leason Ellis is living by the the words that mark the youth of my generation — “We’re not gonna take it, no, we ain’t gonna take it, we’re not going to take it any more!”

Stone Temple Pilots Sue Former Lead Singer Scott Weiland for Trademark Infringement and Breach of Contract

Stone Temple Pilots has filed a lawsuit against its former lead singer, Scott Weiland, claiming in part that they kicked him out back in February of 2013, yet Weiland (who now performs solo) continues to use the band’s name for his own performances, which allegedly violates the band’s partnership agreement.

U.S. Ranks #5 in 2013 Global Innovation Index

Switzerland and Sweden remain #1 and #2 respectively, but the United States jumped 5 places to #5. According to the report, the United States benefited from a strong education base, with many top-ranked universities. Additionally, over the last year the U.S. has seen significant increases in software spending and employment in knowledge-intensive industries. The U.S. was last in the top 5 of the Global Innovation Index in 2009, when it placed #1.

A Conversation with Zup Wake Board Innovator Glen Duff

The Zup™ is perhaps the most cool and innovative wake board you have ever seen. There are a number of other patent applications pending, trademark applications pending and ongoing research and development for future products. The Zup™ is special because literally anyone can ride the board and participate in the fun. I knew that Glen was onto something when he showed me a video of an early prototype in use years ago. There was a giant fellow — 6’8″ and easily 290 pounds — who managed to get up on the board with ease. I thought to myself, “that shouldn’t happen!” Being a big guy myself I understand how difficult, if not nearly impossible, it is to get up on a traditional wake board. In that same video I also saw an elderly grandmother get up on the board. Neither size nor upper body strength mattered. It was then I knew Glen had something special.