Hadron blog

US firm plans to sell ‘Bhang’ chocolates, seeks trademark

Hi,

NEW DELHI: Chocolates as such are considered intoxicating for many, and an American entrepreneur now wants to give it a new high by lacing the bitter-sweet dessert with very much an Indian intoxicant ‘Bhang’ and trademark it too.

The product, to be produced and sold in the US for now and possibly in our country later, will be called ‘Bhang: The Original Cannabis Chocolate’ and the New Mexico-based chololateur has sought a trademark for the same. If the trademark is granted, the Bhang word cannot be used for a chocolate or candy product by anyone else.

Synonymous with festivals like Holi and Shivratri and associated with Lord Shiva in the Hindu mythology, ‘Bhang’ is one of the few legally available preparations of cannabis plant in the country. It is smoked and also consumed as a beverage or doughed up as semi-solid candies.

Adding a new recipe of this ancient Indian intoxicant, chocolateur Scott J Van Rixel plans to start selling at least two types of ‘Bhang’ chocolates soon in the US and will later consider expanding to India, if regulations permit.

In response to emailed queries on the matter, Rixel told PTI from California that “sky is the limit” when it comes to the market potential for these new chocolates, as there is no “high-end cannabis chocolate” available.

Rixel has already incorporated a company named ‘Bhang Chocolate Company Inc’ for this new venture and is also selling merchandise items like T-shirts and baseball caps with the name and logo of ‘Bhang Chocolate’ embossed on them as part of a marketing and brand recognition exercise.

“Yes, we have an extensive line of merchandise that will be available internationally,” Rixel said.

Asked whether he will consider producing and selling these chocolates here, Rixel said, “I am not familiar enough with India’s cannabis laws, but would love to to do so, even if it is the THC-free white label products.”

Rixel plans to sell two types of Bhang chocolates — a white label containing hemp seeds and hemp oil and the black label with THC containing Marijuana.

Hemp and marijuana are two forms of cannabis plants and the former has very low THC (Tetrahydrocannabinol) content, the main psychoactive substance found in cannabis plants.

In India, Bhang is made of dried leaves and flowering shoots of hemp plants, which also produces ganja and charas.

Read more: US firm plans to sell ‘Bhang’ chocolates, seeks trademark – US – World – The Times of India http://timesofindia.indiatimes.com/world/us/US-firm-plans-to-sell-Bhang-chocolates-seeks-trademark/articleshow/6274117.cms#ixzz0w6dZ2Pwt

ITC to investigate HTC’s patent-infringement complaint against Apple

In a Friday statement, the US International Trade Commission (ITC) revealed that it intends investigating the complaint filed by HTC, in which the Taiwanese phone maker has accused Apple of infringing on five of its patents pertaining to handset technology. The ITC said that it will investigate whether HTC’s request, seeking a ban on the import and sale of iPhones, iPods, and iPads, is justifiable.

The agency is already probing Apple’s own patent infringement complaint against HTC. Apple has alleged that HTC makes use of patents linked to the user interface of its popular iPhone, along with an array of other software and hardware technologies.

HTC, which manufactures handsets running the Google Android OS as well as Windows Mobile, requested ITC last month to block the import of the leading Apple devices in the US, claiming that the device violate HTC’s handset hardware and software patents, which the company has not yet publicly stated.

According to ITC, the products related to its investigations will include “portable electronic devices that utilize certain power management methods and may incorporate hardware andsoftware for telephone directories within mobile telephone systems.”

An evidential hearing to ascertain the essential grounds of the HTC complaint will be held by anadministrative law judge for the agency, which has 45 days to announce a target date for finishing the investigation.

Source: Top News; Sat, 06/12/2010 – 08:54

Gibson settles patent infringement case with Rock Band

The original action was taken against Viacom, Harmonix and Electronic Arts – developers of the game – in 2008.

Bloomberg reports that the case hinged on Gibson’s filing of a patent in 1999 “for a way of using a musical instrument to take part in a simulated concert”.

Financial terms of the settlement were not disclosed. Outstanding actions take by Gibson against six major retailers who carried the games – including Wal-Mart and Amazon – are still to be resolved.

The latest game in the Rock Band franchise, built around the music of Green Day, was released this week. Rock Band 3 is currently in development and due to be released towards the end of the year.

Source: http://www.musicweek.com/story.asp?sectioncode=1&storycode=1041469&c=1

Gray Manufacturing Reaches Settlement Agreement on Patent Infringement Lawsuit

Gray Manufacturing Company, Inc., a family owned and operated business since 1952 located in St. Joseph, MO, specializing in manufacturing and selling portable lifting equipment for use by professional mechanics, announced today that it has resolved its patent infringement lawsuit filed February 25, 2010 against MAHA KG, a German corporation, and MAHA USA, LLC, a Delaware limited liability company with its principal place of business located in Pinckard, AL.

Pursuant to the agreement, MAHA has admitted the validity and enforceability of Gray Manufacturing’s U.S. Patent No. 6,634,461 “Coordinated Lift System”, U.S. Patent No. 7,014,012 “Coordinated Lift System”, and U.S. Patent No. 7,219,770 “Coordinated Lift System with User Selectable RF Channels,” related to wireless lifting devices. MAHA has also agreed not to infringe on the Patents in the future. Gray Manufacturing’s President Stet Schanze stated that he is very pleased with the agreement and to have the matter resolved with MAHA.

In a separate matter Schanze noted that Gray continues to pursue its federal lawsuit against Stertil-Koni and Stertil B.V. for patent infringement related to the same patents in the MAHA lawsuit and fully expects the federal court to uphold the validity of Gray’s patents.

Source: http://www.stnonline.com/home/press-releases/2433-gray-manufacturing-reaches-settlement-agreement-on-patent-infringement-lawsuit

SmartMetric Updates Patent Infringement Lawsuit

BAY HARBOR, FL, Jun 07, 2010 (MARKETWIRE via COMTEX) — SmartMetric, Inc. /quotes/comstock/11k!smme (SMME 0.08, 0.00, -5.77%) announced today that on June 2, 2010 the United States District Court for the Central District of California entered an Order Denying the Motion to Dismiss filed by defendants VISA, Inc. (“VISA”) and MasterCard Incorporated (“MasterCard”).

The case is captioned as Smart Metric v. MasterCard et. Al, case no. 2:10-cv-01864-JHN

As previously disclosed, on March 15, 2010 SMME filed a complaint for patent infringement against VISA and MasterCard. In response, on May 6, 2010 VISA and on May 14, 2010 MasterCard filed motions to dismiss. On May 28, 2010 plaintiff SMME filed a first amended complaint.

SmartMetric CEO Colin Hendrick stated, “We are extremely pleased by the district court’s prompt entry of an Order denying the defendants’ motion to dismiss. As alleged in the Company’s amended complaint, the Company believes and therefore has alleged that defendant VISA’s PAYWAVE card and defendant MasterCard’s PAYPASS card infringe on the Company’s various patents. In particular, the Company is the owner of United States Patent No. 6,792,464 (the ‘464 patent’). The 464 patent provides the Company with intellectual property rights for ‘a system for automatic connection to a network.’”

About SmartMetric, Inc. SmartMetric, Inc. has developed a portable biometric identity and transaction card capable of storing a wide variety of personal information while protecting you against identity theft and fraud. It is one of the most advanced portable identity authentication solutions in the world today. The card contains a biometric fingerprint scanner and reader which only you can unlock and is smaller and thinner than a credit card. The SmartMetric card is ideal for a wide range of consumers, including Personal, Government and Corporate.

Source: http://www.marketwatch.com/story/smartmetric-updates-patent-infringement-lawsuit-2010-06-07?reflink=MW_news_stmp

Celgene, Barr Resolve Patent Dispute over Generic Thalomid

Celgene Corp. and Barr Laboratories Inc. have resolved their patent dispute over the multiple myeloma cancer drug Thalomid, with Celgene agreeing to drop its patent infringement claims and Barr dropping its invalidity and antitrust claims.

Celgene initiated the dispute in January 2007, after Barr filed an ANDA for generic thalidomide in September 2006 (see “Court Report,” February 28, 2007).  Celgene claimed that Barr’s product infringed seven of its patents, and then added another asserted patent in a second lawsuit against Barr in August 2007 (see “Court Report,” September 3, 2007).  Barr responded in October 2007 by filing its own suit, alleging that Celgene failed to disclose material information to the U.S. Patent and Trademark Office and that Celgene interfered with its attempts to get the raw material needed for studies required to file its ANDA.  Celgene filed a third lawsuit before the District Court consolidated these actions in July 2008.  Finally, in December 2008, Celgene filed an amended complaint alleging infringement of the three patents currently at issue: U.S. Patent Nos. 5,629,327; 6,235,756; and 7,435,745.

On May 26, Judge Wigenton of the U.S. District Court for the District of New Jersey approved the parties’ stipulation of dismissal without prejudice of all claims and counterclaims asserted in the case.  Barr’s antitrust claims were dismissed with prejudice.  Each party agreed to bear its own costs and attorneys’ fees in the matter.

Source: http://www.patentdocs.org/2010/06/biotechpharma-docket.html

Patent policy won’t help small business

I was intrigued to hear the prime minister announce that the UK Intellectual Property Office is to introduce a “fast-track” scheme to tackle the backlog of patent applications, which “costs the global economy an estimated £7.6bn a year”. Sadly this seems to be an early example of the new government announcing measures that will not actually do much to assist innovation, as the UK loses billions instead to patent infringement each year (Fears that cuts could hit manufacturing, 2 June).

Government figures confirm that most innovation comes out of small and medium-sized enterprises, which employ over 60% of the UK workforce. Yet no SME can realistically enforce a patent in the UK if the alleged infringer is a large corporation. Anyone can challenge the validity of a patent immediately it is granted and typically do when large royalties are potentially at stake. The UKIPO takes no responsibility for any of its patent decisions. The expensive court process prevents SMEs taking enforcement action, thus assisting corporate infringement – a point the Gowers report confirmed in 2006. Meantime the UKIPO continues to mis-sell patents as offering protection.

Unless patent enforcement is radically improved first, there seems little point in announcing an acceleration in granting patents as an economic measure. Employing patent examiners in the meantime is a good example of wasted public expenditure, unless government’s aim is to assist corporates only. Those SMEs that create innovation await even the courtesy of a response to multiple requests for a meeting with leaders of the new government.

Source: http://www.guardian.co.uk/business/2010/jun/04/patents-wont-help-small-business

BackWeb Resolves Patent Infringement Lawsuit Against Symantec

Source: http://legal.tmcnet.com/topics/legal/articles/87405-backweb-resolves-patent-infringement-lawsuit-against-symantec.htm

BackWeb Announces Settlement of Patent Infringement Lawsuit with Microsoft

SANTA CLARA, Calif., Jun 03, 2010 (BUSINESS WIRE) — BackWeb Technologies Ltd (Pink Sheets: BWEBF or BWEBF.PK) announced today that it had reached a settlement of its previously announced patent infringement litigation with Microsoft Corporation. Under the settlement, all claims are resolved and the BackWeb patents are now licensed to Microsoft. With the resolution of the matter with Microsoft, BackWeb’s patent litigation has been resolved with all defendants and the litigation has ended.

BackWeb currently has cash of approximately $10 million, which reflects the impact of the patent litigation and the last year of BackWeb’s business operations. A more detailed, pro forma balance sheet taking into account the foregoing is enclosed with this press release.

Bill Heye, BackWeb’s President and CEO stated, “We are pleased to have the litigation resolved. We now plan to analyze the company’s future plans.”

Source: http://www.marketwatch.com/story/backweb-announces-settlement-of-patent-infringement-lawsuit-with-microsoft-2010-06-03?reflink=MW_news_stmp

Camtek will fight Rudolf’s latest patent infringement lawsuit

Camtek previously lost an earlier patent infringement lawsuit related to the company’s Falcon machines filed by Rudolf.

Camtek Ltd. (Nasdaq: CAMT; TASE:CAMT) said today that it will “aggressively defend” a new patent infringement suit filed against the company by Rudolph Technologies Inc.

This is the latest lawsuit that Rudolf has filed against the Israeli automated optical inspection equipment manufacturer. In the lawsuit filed with the US District Court in Minnesota, Rudolph claims that Camtek’s Falcon and Gannet machines infringe Rudolph’s new patent No. 7,779,528 – a patent that was issued on the same day that the lawsuit was filed.

Camtek previously lost an earlier patent infringement lawsuit related to the company’s Falcon machines filed by Rudolf. This case in machines is under post trial motions, and the company said that it will appeal the verdict if the motions fail.

Meanwhile, Camtek is respecting the injunction issued by the court banning the manufacture or sale of Falcon systems in the US. It has also not sold any Gannet systems in the US to date.

Camtek’s share price rose 0.7% on the TASE today to NIS 9.57, but fell 2.3% in early trading on Nasdaq to $2.50, giving a market cap of $73 million.

Source: http://www.globes.co.il/serveen/globes/docview.asp?did=1000564463&fid=1725

Ex-Baxter unit wins patent suit

Swiss firm files patent infringement lawsuit against AT&T and T-Mobile USA

Starhome GmbH, a firm based in Zurich, Switzerland, filed a lawsuit with a federal court in Delaware claiming that both AT&T and T-Mobile are infringing on its patents.

The patents, according to Reuters, involve the short codes that subscribers use in order to access their voicemail or other services. This prevents customers from dialing longer numbers, sometimes international, just to access their accounts. The patents were obtained by Starhome in 2005 and 2007.

Source: http://www.mobileburn.com/news.jsp?Id=9607

MediaTek: Unit, BT Group Sign Litigation Settlement Agreement

TAIPEI -(Dow Jones)- Taiwanese chip designer MediaTek Inc. (2454.TW) and its wholly owned unit MediaTek Wireless Inc. have signed an agreement to settle litigation with BT Group PLC (BT) that would release them from patent infringement claims, MediaTek said Thursday.

BT filed a patent infringement complaint against MediaTek Wireless in the District of Massachusetts on Nov. 5, 2009.

“According to the agreement, BT shall file for dismissal of the lawsuit and shall forever release MediaTek and its subsidiaries from any claims of infringement of the patent asserted in the litigation and its related foreign counterparts, continuations, worldwide,” MediaTek, the world’s second-largest handset-chip designer by revenue after Qualcomm Inc. (QCOM), said in a statement.

BT Group officials couldn’t be immediately reached for comment.

Cutthroat Competition at Heart of Ge-Mitsubishi Dispute

Industrial heavyweights General Electric Co. and Mitsubishi are raising the temperature of a 2-year-old dispute claiming patent infringements and monopolistic behavior in the U.S. wind turbine market.

In a complaint filed in a U.S. District Court in Arkansas yesterday, Mitsubishi Heavy Industries accused GE of scheming to control the nation’s wind power market. Through a series of “baseless claims of patent infringement,” Mitsubishi said in its complaint, GE has successfully scared off potential Mitsubishi customers and discouraged well-capitalized foreign competitors from setting up shop in the United States.

“GE is attempting to kill competition in the marketplace to the detriment of U.S. consumers,” said Mitsubishi spokeswoman Sonia Williams. “We anticipate damages will be in the hundreds of millions of dollars, and may be over $1 billion.”

In a separate suit filed in Florida yesterday, the Japanese turbine maker accused GE of infringing on a critical Mitsubishi patent.

The Mitsubishi complaint is the latest in a series of claims and counterclaims unfurled by the two companies, made as competition increases in the U.S. wind market and as both companies roll out their latest high-capacity wind turbines. GE, Japan’s Mitsubishi, Denmark’s Vestas Wind Systems, Germany’s Siemens AG and a growing crop of global industrial conglomerates are racing to get a permanent foothold in North America, where wind projects are grabbing a bigger share of electricity generation.

This grudge match started in 2008, when GE filed complaints at the U.S. International Trade Commission alleging Mitsubishi had infringed on GE wind-turbine patents. The U.S. ITC ended its investigation in January after finding Mitsubishi had not violated the patents, but it left the door open for further action. In February, GE then filed a suit in a Texas court accusing Mitsubishi of breaching the GE patents.

Source: http://www.nytimes.com/cwire/2010/05/21/21climatewire-cutthroat-competition-at-heart-of-ge-mitsubi-46548.html

UPDATE: Rambus Shares Drop; ITC Delays Patent-Case Ruling Date

Rambus Inc. (RMBS) said late Wednesday that the U.S. International Trade Commission extended the target date for finishing its investigation of a patent-infringement case against Nvidia Corp. (NVDA) and other companies.

Rambus shares dropped 8.6% to $22.75 in after-hours trading. The stock had climbed during the day in anticipation of a final ruling in the case.

Rambus said the ITC extended the date until July 26 and requested more information regarding a license agreement between Rambus and Samsung Electronics Co. (SSNHY, 005930.SE).

“We are confident the ITC will ultimately affirm that Rambus patents are valid and infringed by the respondents,” said Rambus General Counsel Thomas Lavelle.

Shares of Nvidia rose 1.2% to $12.90 after hours. A spokesman for the graphics-chip maker, Hector Marinez, said, “We are pleased the ITC is now looking at this new defense and look forward to their consideration of it over the next couple of months.”

Rambus and Nvidia have long been embroiled in court battles over their memory technologies. In November 2008, Rambus asked the ITC to bar the importation and sale of products using Nvidia memory controllers that it said infringed nine of its patents.

Capstone Investments analyst Jeff Schreiner has speculated that the ITC will likely rule in Rambus’s favor based on its initial ruling from January when a judge ruled that Nvidia has infringed on three of Rambus’s valid, enforceable Barth patents, named for the man who originated the technology. Two other Ware patents were deemed infringed but invalid.

Source: DOW JONES NEWSWIRES