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If You're Going To Sue For Patent Infringement, It Helps To Say What Actually Infringes
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| Last year, we wrote about a guy, Greg
| Bender, who holds a patent (5,103,188) on a
| "buffered transconductance amplifier," that
| he's decided is infringed upon by pretty
| much any electronics device.
`----
http://techdirt.com/articles/20100304/0335048410.shtml
Vaguely Identified Devices in Patent Complaint Fails Twombly
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| Rule 8 of the Federal Rules of Civil
| Procedure requires that a complaint contain
| a âshort and plain statement of the claim
| showing that the pleader is entitled to
| relief.â If a complaint fails to satisfy
| Rule 8, it âmust be dismissedâ under Rule
| 12(b)(6) for failure to state a claim upon
| which relief can be granted. Bell Atl.
| Corp. v. Twombly, 550 U.S. 544, 570 (2007).
| To survive a motion to dismiss, the
| plaintiff must allege âenough facts to
| state a claim to relief that is plausible
| on its face.â
`----
http://271patent.blogspot.com/2010/03/vaguely-identified-devices-in-patent.html
KEI looks at USTR letter to Wyden, and conflicts between ACTA and patent reform
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| On January 6, 2010, Senator Ron Wyden sent
| a letter to the USTR asking a number of
| questions about the U.S. negotiating
| objectives in ACTA. On February 28, 2010,
| USTR responded. The USTR response focused
| mostly on the official U.S. "asks," rather
| than the state of the negotiating text,
| which also reflects also the views of other
| parties. For this reason, the USTR letter
| to Wyden only tells part of the story about
| what ACTA may do.
|
| On March 1, 2010, a European Union document
| leaked discloses several key sections of
| the ACTA text, including those relating to
| damages, injunctions, provisional measures
| and the Internet. This note highlights a
| few issues in the USTR letter to Wyden, in
| the context of what is known so far about
| the ACTA negotiating text.
|
| Patents included in ACTA
|
| USTR is now acknowledging, for the first
| time, that the U.S. has asked that patents
| be included in ACTA. In briefings in 2009,
| USTR said the US only wanted ACTA to cover
| trademarks and copyrights, and that it was
| the position of the European Union to
| include patents and other types of
| intellectual property. The leaked EU
| analysis reported the US had supported
| including "all intellectual property" in
| the civil enforcement sections of ACTA, and
| this is now finally acknowledged by USTR.
| It is unclear why the USTR had said the
| opposite in several briefings to Congress
| and the NGOs in 2009.
`----
http://keionline.org/node/792
Recent:
USTR Responds To Sen. Wyden About ACTA; Admits It Hopes ACTA Will Cover Patents Too
,----[ Quote ]
| Furthermore, the response confirms what
| became clear in the most recent leak, that
| the US sees ACTA as covering not just
| copyrights and trademarks -- but patents
| as well (though, some of the other
| participants are against including
| patents).
`----
http://techdirt.com/articles/20100303/0128078382.shtml
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