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Issue: March 2008
 
 

PRESS ROOM

Patent raid and seizure of alleged goods at German tech fair

A raid was conducted by police and customs officials at Europe's largest gadget fair at CeBIT in Hannover, Germany suspecting patent violations. According to the report by Associated Press, the raid conducted by the authorities was based on the rising number of criminal complaints by the holders of patent rights. The report further stated that the raid affected 51 exhibitors out of which 24 were from China, 15 were from Taiwan or Hong Kong, nine were from Germany, and the others came from Poland, the Netherlands, and Korea. The authorities confiscated 68 boxes with the alleged patent violation stuff which dealt with devices that have MP3, MP4, or digital video broadcast functions; DVD players; and blank CDs and DVDs.

Visto and Microsoft settle patent dispute

The lawsuit between the parties began in December 2005 in the U.S. District Court of Texas when Mobile e-mail company Visto Corp sued software giant Microsoft for alleged infringement of three of its patents. The patents relate to mobile e-mail and data synchronization. These patents were allegedly used by Microsoft in its Windows Mobile Operating System. The dispute continued for two years. It finally ended with Visto entering into a settlement and a license agreement with Microsoft involving “cash and non-cash consideration”. Both companies agreed to dismiss all the pending claims against each other. The specific terms and conditions of the agreement were kept confidential.

Interpol announces database for Intellectual Property crimes

The second Annual Global Forum on Innovation, Creativity and Intellectual Property was hosted by Confederation of Indian Industries in collaboration with the U.S. Chamber of Commerce & U.S. India Business Council & Department of Industrial Policy & Promotion, Govt. of India in Mumbai, India, from 26-27th February 2008. Among the various issues addressed in the forum, Intellectual Property crimes was given a special mention. Interpol general secretary, Ron Noble announced to create a full-fledged database for all the member-countries in collaboration with the US Chamber of Commerce. He informed that the decision to launch a database for IP crimes was taken following the success of the pilot project for a database launched for stolen passports. He added that for the purpose a trial database for IP crimes was created 15 months back with 18 member-countries sending information about various crimes, which had increased to 54 members.

 

eBay and Merc Exchange settle Patent dispute

In 2001, Merc Exchange filed a suit against online auction house eBay alleging infringement on Merc exchange patents. Lawsuit was over the "Buy It Now" feature of eBay, which allow users to buy an item outright at a given price without bidding, thereby covering three patents of Merc Exchange. District Court found eBay infringing Merc exchange’s patent intentionally and ordered eBay to pay $30 million as damages. On appeal the Appellate Court upheld the injunction. Later eBay took the case to Supreme court, which overturned the appellate court's decision in 2006 , which enabled eBay to continue using the feature. Supreme Court also held that the District Court had given a flawed judgment. This came as a landmark ruling, as till then it was automatic for courts to grant injunctions barring alleged infringers from using the disputed patents. Finally, on February 28, 2008 eBay put an end to this long-running patent dispute with MercExchange, which prompted the landmark ruling of Supreme Court. It announced that the company would pay MercExchange an undisclosed amount to license all three patents.

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