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1 United States District Court Eastern
Case 2:02-cv-02748-DRH-MLO Document 829 Filed 03/17/09 Page 1 of 85 PageID #: <pageID> UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X CA, INC., Plaintiff, MEMORANDUM & ORDER 02 Civ. 2748 (DRH) (MLO) - against - UNDER SEAL SIMPLE.COM, INC., WIRED SOLUTIONS, LLC., a revoked Nevada LLC, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X APPEARANCES: COVINGTON & BURLING Attorneys for Plaintiff One Front Street San Francisco, California 94111 By: Samuel F. Ernst, Esq., Robert D. Fram, Esq., Michael M. Markman, Esq., & Leonard Joseph Martiniak, Esq. FARRELL FRITZ, P.C. Attorneys for Defendants EAB Plaza West Tower-14th Floor Uniondale, New York 11556 By: Stephen J. Smirti, Jr., Esq., John P. McEntee, Esq., & Celeste M. Butera, Esq. FULBRIGHT & JAWORSKI LLP Attorneys for Defendants 666 Fifth Avenue New York, NY 10103-3198 By: John E. Lynch, Esq. & Joseph P. Zammit, Esq. RIVKIN RADLER LLP Attorneys for Defendants EAB Plaza Uniondale, New York 11556 By: Celeste M. Butera, Esq. & Stephen J. Smirti, Jr., Esq. 1 Case 2:02-cv-02748-DRH-MLO Document 829 Filed 03/17/09 Page 2 of 85 PageID #: <pageID> GALE R. PETERSON, ESQ. Special Master 112 E. Pecan Street Suite 1800 San Antonio, Texas 78205 HURLEY, Senior District Judge: INTRODUCTION Plaintiff CA Inc. (“CA), formerly known as Computer Associates International Inc. commenced this action seeking a declaratory judgment that three patents owned by Defendants, Simple.com, Inc. and Wired Solutions, LLC (collectively “Simple”) are invalid, unenforceable, and not infringed by CA. Simple has counterclaimed for infringement. Presently before the Court is CA’s Motion for Summary Judgment of Invalidity Under 35 U.S.C. -
Duty to Disclose: Dayco Products V Total Containment
THE JOHN MARSHALL REVIEW OF INTELLECTUAL PROPERTY LAW DUTY TO DISCLOSE: DAYCO PRODUCTS V TOTAL CONTAINMENT TOM BRODY ABSTRACT The duty to disclose, as set forth by 37 C.F.R. § 1.56 and case law from the Federal Circuit, should be followed during the prosecution of all patent applications. This duty requires that inventors and their attorneys provide the United States Patent and Trademark Office with a list identifying relevant publications, patent applications, patents, legal proceedings, written rejections from patent examiners, and sales, both public and confidential. "Relevant" means relevant to the claims. The consequences of failing in this duty can be severe, namely, a holding of inequitable conduct. Inequitable conduct, in the patenting context, requires two prongs-materiality of the publication and intent to deceive the Patent Office. Patent practitioners are confronted by many gray areas, e.g., the boundaries of the duty, whether disclosing an Abstract can satisfy the duty of disclosing the corresponding full length publication, how to remedy situations where an inventor failed to timely disclose the publication, and how to assess deceptive intent. Copyright © 2008 The John Marshall Law School Cite as Tom Brody, Duty to Disclose: Dayco Products v. Total Containment, 7 J. MARSHALL REV. INTELL. PROP. L. 325 (2008). DUTY TO DISCLOSE: DAYCO PRODUCTS V. TOTAL CONTAINMENT TOM BRODY* "We leave for another day a final disposition of this issue"' INTRODUCTION The duty to disclose information to the United States Patent and Trademark Office ("USPTO") is a major issue for the patent practitioner. Failure to disclose can have severe consequences, for example, invalidation of your patent and all related patents in the patent family. -
Future of Web Technologies
The HTML5 & CSS3 Landscape Chris Mills, Opera Software, all the way from “sunny” Manchester, UK Slides available At my.opera.com/ODIN (search for “chrismills” tag) I work for Opera Open web standards evangelist Technologist Tech writer and GENERAL DOGSBODY What we'll cover HTML5 history HTML5 purpose HTML5 things we can use today CSS3 purpose CSS3 things we can use today HTML5 history HTML5 history HTML5 purpose HTML5 things we can use today CSS3 purpose CSS3 things we can use today A brief history of HTML HTML first proposed 1989-91 HTML2 first standardised in 1995 HTML 4.01 standardised in 1999 Corrections submitted 2001 blah blah blah... HTML5 history HTML5 started 2004 by WHAT- WG Adopted by W3C 2008 Still being argued about Still being developed by both! What does this tell us?? What wisdom can we glean from this? History is boring! This technology has been around for a long time! HTML5 purpose HTML5 history HTML5 purpose HTML5 things we can use today CSS3 purpose CSS3 things we can use today Evolving... There is nothing wrong with HTML 4 ...Evolved! But HTML5 is much more feature-rich! HTML5 doesn't replace HTML4 It fills up holes Adds new markup + APIs Adds more semantics Competes with proprietary tech Isn't backwards incompatible Competition in mind Ian Hickson has already said as much. HTML5 will directly compete with other web application technologies, like Flash and Silverlight Competition in mind HTML5 features More accurate semantics (eg <header>, <footer>) Better forms (built in validation!) <video> <canvas> HTML5 features -
Tkgecko: a Frill-Necked Lizard Steve Ball Zveno Pty Ltd Eolas Technologies, Inc [email protected]
Proceedings of the 7th USENIX Tcl/Tk Conference Austin, Texas, USA, February 14–18, 2000 T K G E C K O : A F R I L L - N E C K E D L I Z A R D Steve Ball THE ADVANCED COMPUTING SYSTEMS ASSOCIATION © 2000 by The USENIX Association. All Rights Reserved. For more information about the USENIX Association: Phone: 1 510 528 8649; FAX: 1 510 548 5738; Email: [email protected]; WWW: http://www.usenix.org. Rights to individual papers remain with the author or the author's employer. Permission is granted for noncommercial reproduction of the work for educational or research purposes.This copyright notice must be included in the reproduced paper. USENIX acknowledges all trademarks herein. TkGecko: A Frill-Necked Lizard Steve Ball Zveno Pty Ltd Eolas Technologies, Inc [email protected] Abstract The first major "product" release from Mozilla.org is Gecko, the core HTML/XML page rendering engine The Mozilla Open Source project has made a full- for the browser. Gecko is known more formerly as featured, fast Web browser, Netscape's Navigator, the NewLayout module. This module is written in available in source form to the Internet community. C++ (in fact, all of Mozilla is written in C++, but A major component of the project, and an early re- there does exist a separate project to reimplement leased package, is the NewLayout (a.k.a. Gecko) Mozilla in Java), and is designed to be embeddable HTML/XML rendering engine. One feature of this inside other applications, for example as a HTML- module is that it is designed to be embeddable in any based help viewing system. -
Gridline P01 Autumnõ03 to SP
GridLine Newsletter for National Grid Company grantors Autumn 2003 Minister starts tree tag drive ATURE Conservation Minister Ben N Bradshaw has launched a National Grid Transco/Tree Council campaign to protect hedge trees. The aim is to ensure there is no net loss of hedgerow trees in the UK, helping to meet one of the National Biodiversity Action Plan targets. Tagging saplings is the first stage of the campaign — making them more visible so that anyone cutting hedges knows to avoid them. The modern practice of flailing hedges every year with mechanical cutters means that saplings normally get trimmed back, along with the hedge, giving them no chance to grow into trees. And National Grid grantors are being encouraged to help. “Anyone who wants to get involved simply has to get in touch with our wayleaves team, who will supply the brightly-coloured tags,” said NGT community relations manager Sean Regan. “Safety is the company’s highest priority and an important part of our maintenance programme is to manage the growth of trees near high-voltage overhead lines, helping to protect the public and the network by maintaining Tagging an ash tree… Nature Conservation Minister Ben Bradshaw, centre, with Tree Council statutory safety clearance,” said Sean. chairman Caroline Davies and Gareth Llewellyn, group head of safety, environment and “That, along with our environmental corporate responsibility for National Grid Transco commitment, is why we are delighted to The leaflet emphasises the importance is then up to the farmers and landowners support the hedge tree campaign.” of seeking permission from farmers and to make sure the hedge-cutter operators Tags, and a tagging tips leaflet, are landowners before any tree tagging. -
Business Lawyer Institute
PENNSYLVANIA BAR INSTITUTE 14th Annual BUSINESS LAWYERS’ INSTITUTE November 12, 13, 2008 TOP 10 EXCUSES FOR FAILING TO FILE FOR PATENTS (AND WHY THEY SHOULD BE QUESTIONED) By: Clark A. Jablon, Esquire Partner Panitch Schwarze Belisario & Nadel LLP Contact information: [email protected] Tel. 215-965-1293 The opinions expressed herein are those of the author and not necessarily those of Panitch Schwarze Belisario & Nadel LLP. © Copyright 2008 Panitch Schwarze Belisario & Nadel LLP 1 TABLE OF CONTENTS USPTO Patent Statistics……………………………………………………………………….. 3 Patent Licensing Statistics…………………………………………………………………….. 4 Patent Litigation Statistics…………………………………………………………………….. 4 Patent Procurement Costs……………………………………………………………………… 5 Intellectual Property – Company Market Valuation…………………………………………… 6 Intellectual Property Landscape: Patents vs. Trade Secret…………………………………….. 6 EXCUSE #1: We’re not doing anything that is potentially patentable………………………... 8 EXCUSE #2: Our energies are better spent on marketing and rollout of products and service.. 10 EXCUSE #3: Getting patents costs too much…………………………………………………. 12 EXCUSE #4: It takes too long to get a patent…………………………………………………. 14 EXCUSE #5: Patents are not worth much anymore, even if you can get them……………….. 16 EXCUSE #6: Our company does not have the internal resources to work on getting patents… 17 EXCUSE #7: The Patent Office rejects most patent applications nowadays………………….. 18 EXCUSE #8: Our law firm told us that there was nothing to patent…………………………… 18 EXCUSE #9: Our technology is too old -
ARCHERS INTRODUCTION Same Way As the First One
THE--- ~ • ARCHERS INTRODUCTION same way as the first one. Remember to stop the As a trainee scriptwriter on the Archers radio tape when the game starts again. programme, you must make plot decisions for four So playing through the entire game is simple. Load major characters: Jack Woolley, Elizabeth Archer, it as above, stop the tape when each program has Eddie Grundy and Nelson Gabriel. But beware, the loaded and restart it when it is time to load the next plot has its own momentum, and events can easily program. get out of hand. If you have a tape counter on your recorder, make When you have loaded the first part of the game, a note of the reading at the end of each program. following the instructions below (under the heading This will be useful if you want to start in the middle of Using the Program) you will see the beginnings of a a game. If you know the tape counter reading, wind plot for the first character to be played. As you the cassette until the tape counter is at the reading progress through the story you will be asked to make you want and continue as if you were loading the first editorial decisions. Press a number from 1-3 to part of the game. choose one of the options suggested. Pressing key number 4 will display the command and help system Loading advice menu. This gives a list of additional features in the The cassettes are tested thoroughly and you game and full instructions on how to use them. -
Tough Talk from Herb Cohen: Negotiate This!
March/April 2004 ISSN 1539-3593 Tough Talk from Herb Cohen: Negotiate This! By Ron Nelson While the line attributed to Leo Durocher, “Nice guys finish last,” 1 may not invari- ably be true, often enough it seems so. Conversely, mean guys win, according to Volume 48 Volume • Number 2 this way of seeing things. However, many “nice guys” (and “nice gals”) can and Inside do succeed professionally and personally as a result of various sources of strength, like an ability to observe carefully, a reflective nature, and a refusal to engage in From the Editor 2 Machiavellian activities. President’s Column 3 The physician-poet William Carlos Williams once remarked, “In my world there are What’s in a Phrase? 5 no classes but the good guys and the bastards.” 2 In that comment he is guilty of the Highlights of January logical fallacy known as “false dichotomy” (“Live free or die” on New Hampshire AdCom Meeting 8 license plates—there are other alternatives). At the same time he identifies a funda- New Regional mentally important duality that manifests itself in many forms, for example, in Activities Committee 9 behavioral patterns like Type A-Type B, active-passive, and perpetrator-victim. Net Notes 10 This kind of thinking is essentially Hegelian, that is, it is based on a thesis (e.g., Improve Your Acronym IQ 11 this plan is great) confronted by an antithesis (this plan is terrible), resolving itself Thinking Globally, in a synthesis (this plan is pretty good but it has some kinks to work out). That Teaching Locally 12 synthesis becomes a new thesis, confronted by a new antithesis, etc. -
Patents: Too Easy to Get, Too Hard to Challenge?
Consortium Standards Bulletin A ConsortiumInfo.org publication November 2003 Vol II, No. 11 NOVEMBER NEWS CLUSTER: PATENTS: TOO EASY TO GET, TOO HARD TO CHALLENGE? Andrew Updegrove What Price Owner's Rights in a Modern World? For some time there has been unhappiness over the ready availability of IT patent protection. Many have thought that the Patent and Trademark Office (PTO) grants patents too easily, especially in the area of software. At the same time, those unlucky enough to become embroiled in patent infringement litigation typically face legal costs of over $1 million (and several times that, in the case of biotech patent actions). That's bad enough for someone knowingly challenging a patent, but truly punishing for someone surprised to find herself on the receiving end of an infringement suit. Opinions on this subject have become more emotional in light of several other factors. First, it hasn't helped that many seemingly elementary (or, in patent terms, "obvious") patents have been granted in the area of "business methods" involving ecommerce. Second, the Free Software and Open Source movements are championing fee-free accessibility to important software, such as operating systems (e.g., Linux) and core applications (e.g., Open Office). And, in fact, the open source model has broken out of the realm of true believers, and is gaining significant traction in the commercial marketplace. Finally, in the ever more connected world in which we live, it is becoming increasingly difficult to develop standards that can be implemented without incurring the obligation to pay royalties or other fees. All in all, there are more people feeling hostile to IT patent rights now than ever before. -
UF in Maynooth Guide 2 Table of Contents
UF in Maynooth Guide 2 Table of Contents Program Information 4 Course Information 6 Organizational Staff and Administration 7 Computer/Software Requirements 8 Classroom Expectations 9 General Information 11 Housing/Local Information 15 Suggested Packing List 19 Travel Tips 20 Useful Apps/Websites 22 Quick Fact Sheet 24 US Embassy Dublin 25 Contact 26 3 Program Information In Ireland, a country where innovation, inventiveness, and opportunity abound, you will see how the Irish have tackled some of their most challenging environmental and economic problems. In this program, we will explore how the richly traditional Ireland continues to influence the thriving culture of it’s people. Along with the classes, you will travel across Ireland, where you will visit start-up and major businesses, innovation programs, and many cultural sites. About the Location Originally established in 1795 as St. Patrick’s College, Maynooth University is the second oldest University in Ireland. They are currently ranked in the Top 100 Young Universities in the world, and have a current enrollment of over 10,000 undergrads. In the last two decades, the University has gone through a major expansion, constructing some of Ireland’s most renowned teaching, research, accommodation, and support facilities. Located just 20 minutes west of Dublin in Ireland’s only University town, Maynooth University creates an ideal setting for those who desire a prestigious yet close-knit environment. Phoenix - SOUTH CAMPUS The Kitchen NORTH CAMPUS SU Bar 36 Facilities on The Living Room Campus!! 37 35 38 11 12 15 ENTRANCE 34 13 14 39 16 30 33 19 Little Coffee Co. -
22 May 2020 Page 1 of 14 SATURDAY 16 MAY 2020 Joyful Highlights Part 1: Friends and Family the Latest National and International News from BBC Radio 4
Radio 4 Listings for 16 – 22 May 2020 Page 1 of 14 SATURDAY 16 MAY 2020 Joyful Highlights Part 1: Friends and Family The latest national and international news from BBC Radio 4 SAT 00:00 Midnight News (m000j2wb) In a joyful celebration of twenty years spent walking on air, The latest news and weather forecast from BBC Radio 4. Clare Balding digs deep into the exhilarating and exhausting SAT 13:10 Any Questions? (m000j2w0) archives of Ramblings to share her favourite walks. This week Minette Batters, Harriet Harman MP, Dr Chaand Nagpaul, the theme is Friends and Family as Clare finds the moments Helen Whately MP SAT 00:30 Fall of the House of Byron (m000j2wd) that best illustrate how walking is a fantastic way of drawing Episode 5 people together. Chris Mason presents political debate and discussion from London Broadcasting House with the President of the NFU Susannah Harker reads from the story of how, within three Please scroll down to the 'Related Links' box to click through to Minette Batters, Labour MP Harriet Harman, the Chair of the generations, the illustrious family of the poet Lord Byron the programmes featured: BMA Dr Chaand Nagpaul and the Care Minister Helen disintegrated into adultery, debt, elopement, coercion and Whately. murder. The Nidderdale Way: Gouthwaite to Bewerley Producer: Lisa Jenkinson Going Wild in the West Country In 1798 a small, bewildered boy of ten from Aberdeen – whom An Aussie Walkabout... in Norfolk the world would later come to know as Lord Byron, the Hopetoun with the Monday Walkers SAT 14:00 Any Answers? (m000j7gr) Romantic poet, soldier, and adventurer – first laid eyes on Reigate, Surrey (Refugees) Have your say on the issues discussed on Any Questions? Newstead Abbey in Nottinghamshire, the Byron family seat he had just inherited. -
Patent Reexamination Post Litigation: It's Time to Set the Rules Straight Tremesha S
Journal of Intellectual Property Law Volume 12 | Issue 2 Article 9 April 2005 Patent Reexamination Post Litigation: It's Time to Set the Rules Straight Tremesha S. Willis University of Georgia School of Law Follow this and additional works at: https://digitalcommons.law.uga.edu/jipl Part of the Computer Engineering Commons, and the Intellectual Property Law Commons Recommended Citation Tremesha S. Willis, Patent Reexamination Post Litigation: It's Time to Set the Rules Straight, 12 J. Intell. Prop. L. 597 (2005). Available at: https://digitalcommons.law.uga.edu/jipl/vol12/iss2/9 This Notes is brought to you for free and open access by Digital Commons @ Georgia Law. It has been accepted for inclusion in Journal of Intellectual Property Law by an authorized editor of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. Willis: Patent Reexamination Post Litigation: It's Time to Set the Rules PATENT REEXAMINATION POST LITIGATION: IT'S TIME TO SET THE RULES STRAIGHT I. INTRODUCTION: FROM PENDING TO POST One of the goals of patent law is to promote innovation.' To effectuate this goal, the United States Constitution grants Congress the power to confer upon inventors a limited monopoly over their inventions.2 Congress first acted on this authority when it passed the Patent Act of 1790.3 Today the requirements for patent protection are codified in Tide 35 of the United States Code.' To obtain a patent under this current law, an inventor first must file a patent application with the United States Patent and Trademark Office (PTO).