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PublishedFebruary 26, 2013

Patents in the News 2/26

The CCIA and RIM Tell the FTC Banning Injunctions for FRAND Patents Can Make Smartphone Wars Worse
Groklaw
February 26, 2013
If the government wants to build a highway and your house is in the way of the highway, what happens?.. Does the government come and tell you, “You have to move out and abandon the house. Sorry for the loss of the value of your house, but that’s life. The public interest comes ahead of your individual property rights.”

Report from the Apple v. Samsung II Markman Hearing – Judge Koh Tells Them to Slim the Case Down
Groklaw
February 25, 2013
The Markman hearing in Apple v. Samsung II was Friday, the 21st. And now we are really entering the darkest part of the patent woods. It doesn’t get any more exasperatingly detailed than at a Markman hearing. But as usual with legal matters, the more you force yourself to examine the details, the more you get out of it and the more enjoyable it eventually becomes.

ITC starts Ericsson investigation over patent claims
MLex
February 25, 2013
The U.S. International Trade Commission launched a formal investigation into an allegation that some wireless technology being sold in the U.S. by Sweden’s Ericsson infringes on a patent owned by Texas-based Adaptix. Separately, California-based Neology complained before the ITC that Minnesota’s 3M is infringing on three patents.

Supreme Court Hears Arguments on Patent Exhaustion for Self-Replicating Articles
Bloomberg BNA
February 24, 2013
Tony Dutra
Tony Dutra’s writeup of oral argument at the Supreme Court in a case challenging exhaustion of patent rights under the first-sale doctrine when the patented item is self-replicating, like seeds, appearing in BNA’s Patent, Trademark & Copyright Law Daily

Microsoft to Publish Patent Catalogue In Move to Deter Litigation
Dow Jones Business News
February 22, 2013
Steven D. Jones
Microsoft Corp. will soon publish on the Web details of the patents it owns in an effort to foster more transparency among patent holders and reduce litigation… Microsoft representatives made the announcement during a Capitol Hill event Thursday sponsored by The Software Alliance and the National Association of Manufacturers. Later in the day, Executive Vice President and General Counsel Brad Smith pledged in a blog post that by April 1 Microsoft will publish on the Web “information that enables anyone to determine which patents we own.”

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Josh Lamel

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