baby.jpgIPNews® – Kimberly-Clark Worldwide Inc. had two patents for disposable diaper training pants struck down by a Wisconsin federal judge on Friday.

One of the patents covering absorbent articles of clothing was anticipated by prior art, while the other was invalid as obvious, Judge William C. Griesbach ruled. The ruling slimmed down the number of patents in KC’s infringement lawsuit against First Quality Baby Products LLC to four from the seven initially asserted, following the judge’s invalidation of another patent in the case earlier in September. To continue reading, click: 2 Kimberly-Clark Diaper Patents Scrapped In First Quality Infringement Lawsuit

microsoft.jpgIPNews® – The Ninth Circuit on Friday refused to allow Motorola Inc. to enforce a patent infringement-related ban it won in Germany earlier this year against Microsoft Inc.’s sale of its Xbox 360 gaming system and some Windows software in the country.

A Seattle federal judge was right to temporarily enjoin Motorola from enforcing the German injunction, the appeals court ruled. The two companies are battling it out over royalties and licenses for Motorola-held standard-essential patents for video coding and wireless local area networks. To continue reading, click: Ninth Circuit Refuses To Enforce German Motorola Patent Injunction V. Microsoft

concert.jpgIPNews® – Marlon Brando’s estate is facing a lawsuit demanding that it live up to its agreements under a contract made earlier this year to grant the use of the late actor’s rights of publicity and likeness to Madonna for her 2012 world tour.

The estate previously agreed to license the rights for $3,750, as it previously had for Madonna’s use of Brando’s image during her 2012 Superbowl halftime show, but later started demanding $20,000, in violation of the original deal, according to celebrity licensing agency CMG Worldwide Inc.’s complaint. The lawsuit was sent from Indiana state court to federal court last week. To continue reading, click: Brando Estate Sued Over Likeness Rights For Madonna Tour

glucose.jpgIPNews® – The Federal Circuit on Friday gave Abbott Diabetes Care Inc. another shot at proving that its two patents for a diabetes-related glucose monitoring system were not invalid in light of prior art, as the U.S. Patent and Trademark Office had found upon reexamination.

The PTO’s Board of Patent Appeals and Interferences adopted unreasonable claim constructions regarding two key terms in the patents, the appeals court ruled. The Federal Circuit vacated the board’s decisions as to the patentability of Abbott’s independent claims at issue and remanded the case for the board to apply the correct claim constructions. To continue reading, click: Federal Circuit Breathes New Life Into Abbott Glucose Monitor Patents

books-stack.jpgIPNews® – The estate of author Mario Puzo on Wednesday lost its bid to invalidate a 1969 agreement granting copyrights in the “Godfather” series of novels to Paramount Pictures Corp.

Paramount is suing the estate for copyright infringement over its plans to publish a prequel to the “Godfather” novels. The estate’s counterclaims seeking to cancel the contract cannot stand because the estate cannot argue that the book publishing rights were both central to the agreement and not included in the transfer of rights to Paramount, a Manhattan federal judge ruled. To continue reading, click: Puzo Estate Can’t Nix “Godfather” Copyright Contract With Paramount

pills-tablets.jpgIPNews® – The Federal Circuit on Friday affirmed a Texas federal court’s patent infringement finding and accompanying injunction barring three generic drug manufacturers from making, selling or marketing generic versions of Pozen Inc.’s migraine treatment Treximet.

Par Pharmaceutical Inc., Alphapharm Pty Ltd. and Dr. Reddy’s Laboratories Inc. could not overcome the presumption of validity of issued patents, and provided no reason to unsettle the Texas court’s infringement finding, the Federal Circuit ruled. The Texas court rightly upheld the validity of Pozen’s three patents in the face of the generics companies’ claims that the patents were obvious, the appeals court said. To continue reading, click: Pozen Migraine Drug Patent Win Upheld By Federal Circuit

knee replacement.jpgIPNews® – Wright Medical Technology is wrongly borrowing the trademark name for a recently-debuted Stryker Corp. knee implant in order to bring more attention and sales to Wright’s own knee implant products, Stryker alleged in a new infringement lawsuit Thursday.

Stryker launched its GetAroundKnee product earlier this year in conjunction with a massive advertising campaign to promote the implant. Wright, meanwhile, launched a website with a confusingly similar name that is designed to draw traffic away from Stryker and its product, Stryker’s complaint in New Jersey federal court says. To continue reading, click: Wright Medical Accused Of Stealing Stryker Knee Implant Name

corn.jpgIPNews® – A Missouri federal judge on Thursday let Dow AgroSciences LLC off the hook for Bayer CropScience AG’s claims that Dow is infringing its patent for a way to genetically modify plants to be unharmed by a powerful herbicide.

Bayer claimed Dow’s “Enlist Weed Control” product infringed its U.S. Patent Number 6,153,401 for a way to engineer crops like corn and soybeans to resist the herbicide 2,4-Dichlorophenoxyacetic acid, also known as “2,4-D.” The Missouri court adopted Dow’s claim construction argument regarding the ‘401 patent, and accordingly ruled that Bayer’s claims must necessarily fail. To continue reading, click: Judge Shuts Down Bayer V. Dow Herbicide-Resistant Crop Patent Lawsuit

barber_shop.jpgIPNews® – DC Comics accused a Florida barbershop proprietor on Tuesday of misappropriating its trademarks for the Superman name and logo.

Reginal Jones, operator of Supermen Fades To Fros and Superman Pro Barbershop, is using Superman iconography on his barbers’ shirts, aprons and capes as well as the very names and signage of his businesses, the Time Warner Inc.-owned comic book publisher says. Jones is causing the public to believe that his hair grooming services are affiliated with DC Comics, the publisher says. To continue reading, click: DC Comics Accuses Florida Barber Of Superman Trademark Infringement

jeans.jpgIPNews® – A Manhattan federal judge on Tuesday let Liz Claiborne Inc. and its Lucky Brand Dungarees Inc. denim subsidiary off the hook for a rival fashion group’s trademark infringement claims over its trademark for the phrase “Get Lucky.”

Marcel Fashions Group Inc. already had the opportunity to seek the injunction it is asking for against Lucky in a final order it negotiated in a trademark case Lucky brought in 2005 and Marcel won in 2010, Judge Laura Taylor Swain ruled. The companies have been battling over the rights to the Lucky Brand clothing trademark since 2001. To continue reading, click: Liz Claiborne, Lucky Brand Escape Trademark Infringement Lawsuit