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10 Oct, 2007 10:15 am by Bill Heinze
... between an affiant and an applicant, see Ferring B.V. v. Barr Labs., Inc., 437 F.3d 1181, 1187-88 (Fed. Cir. 2006); failure to disclose that ... arrange the priority of issues in a manner that they consider efficient. Cf. R.R. Dynamics, Inc. v. A. Stucki Co., 727 F.2d 1506, 1515 (Fed. Cir. 1984) ... obviously uninformed," retorts a commentator identifying himself as John Mitchell, Chief IP Counsel for Osram Sylvania, Inc. "The professor should read the trial transcript before making such statements. I ...
I/P Updates - http://ip-updates.blogspot.com
20 Jul 3:02 am by Two-Seventy-One Patent Blog
... Geo Foundation, Ltd. Plaintiffs entered into a license agreement with Technical Consumer Products, Inc. ("TCP") under which TCP would manufacture "off-brand" CFLs. That license ... the same time, Nilssen was prosecuting another patent infringement suit against Osram Sylvania, Inc. ("Osram"). On July 6, 2006, after a six day bench trial, ... court sees no reason to revisit Judge Darrah's or the majority opinions in the Osram litigation. Far too much judicial resources have been devoted to this losing ...
Two-Seventy-One Patent Blog - http://271patent.blogspot.com
24 Oct, 2008 9:50 pm
... to the issue of privilege waiver in patent cases arise in In re Seagate Technology and inNilssen v. Osram Sylvania, Inc. Seagate relied on outside counsel for opinions on patents and relied on the advice of counsel defense to rebut charges of ... fees on the patents at issue, and Nilssen waited until the trial to make this claim. The District Court agreed with Osram, and the CAFC affirmed there was waiver and used it as a factor in determining inequitable conduct and, ultimately, that the case was ...
Maier & Maier, PLLC IP Blawg - http://www.postgrant.com/
18 Jul, 2008 12:38 pm by Phil
... any resulting patents unenforceable). It turns out that Nilssen's sloppiness before the PTO spilled over to the courtroom and has cost him about $6 million. Last month the Federal Circuit affirmed a district court decision that Nilssen should pay Osram Sylvania, Inc.'s (Sylvania) attorney fees to cover the cost of the patent infringement suit Nilssen brought against Sylvania. See the full post here.
Tags: Weblogs
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
22 Jan, 2008 2:24 am by Bill Heinze
... first part of this definition (reasonably important to an examiner) without giving necessary consideration to the latter part of the definition (in deciding whether to allow the patent). See, e.g., Nilssen v. Osram Sylvania, Inc., 2007 WL 2937322 (Fed. Cir. 2007); McKesson Information Solutions, Inc. v. Bridge ... Inc., 487 F.3d 897 (Fed. Cir. 2007); Ferring B.V. v. Barr Labs., Inc., 437 F.3d 1309 (Fed. Cir. 2006). As a result, when improperly applied, the materiality standard ...
I/P Updates - http://ip-updates.blogspot.com
5 Jan 3:15 am
... Developments in EEO Law here 2nd Circuit Carras v. MGS 782 Lex, Inc., No. 07-4480 (2d Cir. Dec. 19, 2008)(Unpub) Reversing dismissal of ... . Reduction in Force Sufficient to Overcome Pretext Argument in Retaliation Case Dennis v. Osram Sylvania, Inc. 2nd Cir. Comparators In Employment Discrimination Case Must Be Similar Billue v. ... w/ Merry Christmas; files religion discrim charge vs Counts-Oakes Resorts Properties Inc; and here, here NEWS FGSU rewriting discrim/harass policies following near-$5M ...
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
10 Oct, 2007 11:26 am by Barry Barnett
... fees, failing to disclose an affiant's financial interest in the patents, misclaiming priority dates, and not disclosing patent litigation and prior art. The court expressed sympathy for the inventor but declined to excuse his too-many flubs. Nilssen v. Osram Sylvania, Inc., No. 06-1550 (Fed. Cir. Oct. 10, 2007). Get a lawyer, knucklehead! Barry Barnett Our feed hires only the best.
Blawgletter - http://blawgletter.typepad.com/bbarnett/
11 Oct, 2007 8:04 am
... , the court noted that this applicant prosecuted these patents pro se, and the court noted that while the inventor frequently has superior knowledge regarding the technical aspects of the invention, prosecuting patents "requires both technical and legal credentials" to be effective. More detail of Nilssen v. Osram Sylvania, Inc. after the jump. [More]
Filewrapper.com - http://www.Filewrapper.com/index.cfm
18 Jun, 2008 10:25 pm
... the Federal Circuit's previous opinion affirming the finding of inequitable conduct, she noted the court stated the actions that led to the finding "may have been an oversight." With this low level of "bad" conduct, Judge Newman would have reversed the award of attorney fees. More concerning Nilssen v. Osram Sylvania, Inc. after the jump. [More]
Filewrapper.com - http://www.Filewrapper.com/index.cfm
1 Jul, 2008 11:13 am
Nilssen v. Osram Sylvania, Inc., No. 2007-1998, -1348 Slip. Op. (Fed. Cir. June 17, 2008). The Federal Circuit affirmed Judge Darrah's award of defendant's/appellee's attorney's fees - click here to read the Blog's post about the inequitable conduct opinion. Judge Darrah previously held and the Federal Circuit previously affirmed that plaintiffs committed inequitable conduct by, among other things: (1) falsely claiming small entity status; (2) failing to disclose material prior ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
20 Jun, 2008 8:07 am
... collide in dispute over Allos domains: Pankajkumar Patel v Allos Therapeutics Inc: (IPKat), Dispute between estate of CS Lewis and Scottish couple over ... case attorney fees based on multiplicity of minor acts of misconduct: Nilssen v Osram Sylvania: (Patently-O), (Patent Prospector), (IP Law360), (Hal Wegner), Nilssen - ... not available for series of infringements where work was registered after first infringement: Derek Andrew, Inc v Poof Apparel Corp: (IP Law Observer), Pressure Products Medical ...
IP Thinktank - http://duncanbucknell.com/blog
         
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