AirStrip, Oregon Brewing, Museums: Intellectual Property

AirStrip Technologies Inc. and MVisum Inc. have settled their patent fight, according to a court filing.

San Antonio, Texas-based AirStrip filed suit in federal court in Manhattan in October, accusing competitor MVisum of infringing patent 8,2555,238, which covers a system and method for real-time viewing of critical patient data on mobile devices. Both companies’ technology enables health-care providers to use mobile devices for a wide range of patent- monitoring purposes, including viewing and responding to EKGs.

A variety of devices made by Sicklerville, New Jersey’s MVisum infringe the patent, including the mVisum CCS, mVisum Live Stream, mVisum OB and mVisum onDemand, according to the complaint.

Terms of the settlement weren’t disclosed in the court filing. In a joint company statement, MVisum and AirStrip said that MVisum has agreed not to offer infringing products that include “streaming or displaying real time or near real-time patient physiological data.”

Neither party is licensing any intellectual property from the other, according to the statement.

The case is Airstrip Technologies Inc. v. mVisum Inc., 1:12-cv-07776-JGK, U.S. District Court, Southern District of New York (Manhattan).

LG Wins LCD Patent Case Brought by Taiwan Research Institute

LG Electronics Inc. (066570) didn’t violate an LCD patent owned by Industrial Technology Research Institute, the International Trade Commission said yesterday.

The Washington-based commission, which has the power to exclude the importation of products that infringe U.S. patents, ended its investigation with a finding of no violation.

The commission upheld, with modification, a judge’s finding that the Chutun Chen, Taiwan-based company’s patent is invalid and not infringed.

ITRI had claimed infringement of backlight modules that improve uniformity of light so they have correct brightness in TVs and computer monitors.

In dispute was patent 6,883,932, which was issued in 2005.

For more patent news, click here.

Trademark

Oregon Brewing Sues D.C.’s Rogue 24 Restaurant for Infringement

Oregon Brewing Co., the maker of Rogue beers and the operator of 11 restaurants and brew pubs, has sued celebrity chef R.J. Cooper and his Washington-based restaurant for trademark infringement.

The brewer claims that Cooper’s Rogue 24 LLC infringes the “Rogue” trademarks, and accused the restaurant operators of attempting to trade on the fame of the Rogue beers and properties. Rogue beers are “well-known in the Washington Metropolitan Area,” according to the complaint filed April 25 in Washington federal court.

The fact that Rogue 24 offers microbrews at the restaurant further confuses the public, the brewer claims. Oregon Brewing says it has used “Rogue” -- which is the name of a river in southern Oregon -- since 1989, and that its trademark registration covers beverage glassware and newsletters in addition to alcoholic beverages, restaurants and pub services.

Additionally, Oregon Brewing says the restaurant’s registration and use of its rogue24.com Internet domain name is cybersquatting and further confused the public.

The brewer asked the court for an order barring the restaurant’s use of “Rogue,” and for the destruction of all promotional materials. The company also requested that it be transferred the rogue24.com domain name. The complaint doesn’t list any demands for monetary damages, attorney fees or litigation costs.

Rogue 24 didn’t respond immediately to an e-mailed request for comment.

The case is Oregon Brewing Co. v. Rogue 24 LLC, 1:13-cv- 00570, U.S. District Court, District of Columbia (Washington).

For more trademark news, click here.

Copyright

Parish Learns Projected Songs Allowed, Projected Scripture Isn’t

A Catholic parish on Florida’s Gulf Coast has run into copyright issues as part of its efforts to get rid of paper missalettes and the noise of turning pages, the Bay News9 website reported.

The pastor told the television station that while the parish pays a license fee to project hymns onto the walls on either side of the altar, it discovered that copyright law barred doing the same with scripture passages that are read at Mass.

The U.S. Conference of Bishops told the parish that the scriptures were covered by copyright and barred the projection of the texts, according to Bay News9.

A parishioner complained to the TV station that the scriptural texts “should be copyrighted by Jesus” and available for free to everyone.

U.K. Museums Must Pay Copyright Fee, Even for ‘Orphan’ Works

U.K. Museums will have to pay a copyright fee in advance for the use of images even if the owners of the copyright can’t be found, the Art Newspaper reported.

An amendment to the Enterprise and Regulatory Reform Bill that would have limited the licensing fees was defeated in the House of Lords, according to the publication.

The National Museum Directors Conference has estimated there are 50 million so-called orphan works -- whose copyright owners can’t be found -- in the museums’ collections, and that paying in advance for the use of the images would place an “impossible” burden, Art Newspaper reported.

The defeat of the amendment will slow museums’ efforts to digitize orphan works in the collections, according to Art Newspaper.

For more copyright news, click here.

IP Moves

Five Finnegan Trademark Lawyers Depart to Start Own Firm

Finnegan, Henderson, Farabow, Garrett & Dunner LLP is losing five trademark practitioners to a Washington-based startup.

According to a statement from the newly established Kelly IP, David M. Kelly, Robert D. Litowitz, Linda K. McLeod, Stephanie H. Bald and Lynn M. Jordan are leaving Finnegan, which is also in Washington.

The primary focus of the new firm will be trademark, copyright, domain name and unfair competition issues.

Name partner Kelly, who has practiced IP law for almost 30 years, has both an undergraduate and a master’s degree in civil engineering from the University of Pittsburgh and a law degree from Duquesne University.

Litowitz, who has handled trade-secret and design-patent cases in addition to trademark work, has an undergraduate degree from Dickinson College and a law degree from George Washington University.

McLeod has previously served as an administrative trademark judge at the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board. She has an undergraduate degree in economics from Willamette University, a law degree from the University of Oregon, and a master’s degree in trade regulation law from New York University.

Bald has represented clients in trademark disputes in federal courts and before the Trademark Trial and Appeal Board. She has an undergraduate degree in English literature and French from Denison University, a master’s degree in international politics and a law degree from American University.

Jordan has done both trademark litigation and acquisition work. She has an undergraduate degree from Pennsylvania State University and a law degree from the University of Tulsa.

To contact the reporter on this story: Victoria Slind-Flor in Oakland, California, at vslindflor@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.

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