Shock Doctor Settles Mouth Guard Dispute

Last year, Shock Doctor Inc. sued XO Athletic Co. over a protective mouth guard.  Shock Doctor maintained that XO Athletic had infringed on a patent relating to their Gel Max Mouthguard, and Shock Doctor even went so far as to challenge a redesign of XO Athletics’ mouth guard as well.  However, as reported by Minneapolis/St. Paul Business Journal, the two have come to terms on an agreement.

Under the agreement, XO Athletic decided to comply with a permanent injunction against their product, preventing them from infringing on the mouth guard.  The injunction was originally ordered by a district court in Minnesota and was only preliminary.  The injunction was also upheld after an appeal, but has now become permanent with XO Athletic’s consent.

Steven Coopersmith, senior vice president of marketing for Shock Doctor, said the following:

The Gel Max Mouthguard is one of our flagship products and reflects our commitment to creating superior products that protect all athletes.  Shock Doctor invests heavily in research and collaboration with medical professionals to develop technologically advanced gear, and this result supports our ability to continue to do so.

New Peptide Enhances Bone Growth

Brookhaven and BioSET develop synthetic bone-growth-enhancing peptide that moves from the lab to the clinic

Brookhaven Lab’s operating company, Brookhaven Science Associates, received a patent for a new peptide that promises to speed up bone growth. By embedding the peptide into a special ceramic bone substitute, the lab’s scientists have developed a new implant for fusion surgeries that is currently undergoing early clinical trials.

Brookhaven Lab reports, B2A enhances the effects of a tissue growth factor known as bone morphogenetic protein 2, or BMP-2. BMPs are a family of proteins in the human body responsible for the proliferation, repair and differentiation of cells in many tissues, including bone.
Brookhaven Lab scientist Louis Peña developed B2A with BioSET, performing the initial studies at Brookhaven. Peña became interested in bone growth factors through the phenomena of weightlessness and cell-damaging cosmic radiation as introduced by NASA’s radiation research facility at Brookhaven.

BioSET has taken this development to the next level. “About 250,000 Americans undergo lumbar spine fusion surgeries each year to treat lower back pain,” said Tom Rouche, BioSET President and CEO. “We have developed a novel combination medical device, called AMPLEX, that incorporates B2A osteo-inductive growth factor with an ultra-high grade ceramic bone substitute for use in this type of surgery. Preclinical studies have found that it is a safe and highly effective.” Recent preclinical studies have involved rabbit and sheep to evaluate AMPLEX spine fusion. In rabbits, they found it enhanced spinal bone fusion, compared to a conventional surgical method using the rabbit’s own pelvic bone to form the bone graft. A BioSET group announced promising results in the sheep model as well, exciting because sheep have more similar spinal properties to humans.

BioSET has received approval from the FDA to initiate a pilot study to evaluate the safety and preliminary efficacy of AMPLEX in approximately 22 patients here in the U.S. In addition, the company has approval from Health Canada for a similar study with 24 patients. Both studies aim to compare AMPLEX to an autograft from the patient’s own hip bone in lumbar fusion procedures to treat degenerative disc disease.

The first patient surgery in the Canadian study was performed by a neurosurgeon at Foothills Medical Centre in Calgary, Canada. The surgeon reported that AMPLEX handled as well as other ceramic graft alternatives and the patient was recovering well after surgery. Data from all patients in the clinical studies will be evaluated at six-month intervals.

Intellectual Ventures, Telcordia Team Up

According to TMCnet.com, Intellectual Ventures and Telcordia Technologies have agreed to a partnership that will allow Intellectual Ventures to license and access over 500 telecommunications patents.  These patents will include Wavelength-Division Multiplexing, Synchonous Digital Hierarchy, Point to Multipoint via Optics, Synchronous optical NETworking, and Building Intelligence for traditional PSTN services.

Started in 2000, Intellectual Ventures’ goal has been to invest in patents.  Currently, they are involved in at least 30 different types of technologies, and they have filed for at least 1200 patents.  Intellectual Ventures’ core team consists of patent lawyers, technologists, physicists, geologists, and mathematicians.  Microsoft, Google, Apple, and Sony all allegedly contribute to its funding.

Although financial terms were not disclosed, the agreement adds significant and relevant patent numbers to Intellectual Ventures’ telecommunications field.  At the same time, Telcordia receives capital to fund its R&D lab.  Regarding the agreement, Nathan Myhrvold, the CEO of Intellectual Ventures, said the following:

We need new inventions to stimulate the economy and create new opportunities for growth.  Telcordia is taking  a leadership role here by extending the use and reach of its impressive patent portfolio, and Intellectual Ventures is positioned to supply the long-term capital to allow for this future growth and job creation.

Nintendo Asks Trade Office To Fight Piracy

In its annual report to the U.S. Trade Office, Nintendo has asked for help in dealing with overseas piracy.  The list contains most of the usual countries, with Spain being the new offender.  In addition, Hong Kong was taken completely off the list.  Will this list accomplish much in stopping piracy overseas?  That answer is up for debate, but in the meantime, here is a summary of the countries that were named as reported by Kotaku:

China – Nintendo claims that online shopping sites that sell infringing Nintendo products are increasing.  These products are not only sold to customers in China, but also to those in the United States.

Korea – While internet piracy in Korea continues, 10 customs raids at the beginning of this year resulted in the seizure of more than 75,000 game copiers.

Brazil – Nintendo claims that efforts to prosecute for piracy are very weak, as not a single shipment of Nintendo video game products were seized in 2008.  In addition to internet piracy, high tariffs and taxes make barriers for official Nintendo products.

Mexico – According to Nintendo, anti-piracy actions taken by the Mexican government in 2008 are inadequate.  While Mexico is participating in negotiating the Anti-Counterfeiting Trade Agreement, there must be more enforcement.

Spain – There is an incredible amount of game-copying devices and illegal Nintendo software available.  Nintendo is asking the Spanish government to protect the copyright industry and enact laws against internet piracy.

Paraguay – Nintendo’s anti-piracy actions showed that illegal goods are both being imported and produced in this country.  Nintendo cites corruption as the reason that anti-piracy efforts in Paraguay have not been effective.

Sony, Nokia, and Nintendo Sued over Wireless Tech

On February 13, Wall Wireless LLC filed a lawsuit against Sony, Nintendo and Nokia.  As reported by Computer and Video Games, the lawsuit alleges that Sony’s PSP, Nintendo’s DS, as well as other real-time online multiplayer games infringe on Wall’s wireless patent.  Wall also claims that Nokia’s mobile devices infringe on their patent, as well as the mobile game Reset Generation.

The patent in question is titled, “Method and Apparatus for Creating and Distributing Real-Time Interactive Media Content through Wireless Communication Networks and the Internet.”  The patents were filed in 2001, and were granted by the USPTO in 2003.  The lawsuit states that all of the defendants received a notice of the patent in October 2008, but none of the companies have yet to take a license under the patent.

Wall Wireless is seeking damages, costs, expenses, attorney’s fees and pre-judgment and post-judgment interest.

Microsoft Receives Patent for PDA Button Pushing

A Microsoft patent that was filed in 2002 has just been granted by the patent office.  As reported by Smartphone Mobile, the patent concerns the concept of having a handheld device perform different functions when a button is pressed multiple times or held down for a certain period of time.

As the abstract of the patent states:

A method and system are provided for extending the functionality of application buttons on a limited resource computing device. Alternative application functions are launched based on the length of time an application button is pressed. A default function for an application is launched if the button is pressed for a short, i.e., normal, period of time. An alternative function of the application is launched if the button is pressed for a long, (e.g., at least one second), period of time. Still another function can be launched if the application button is pressed multiple times within a short period of time, e.g., double click.

With the addition of this patent, Microsoft may be able to collect licensing fees from companies that now, or have in the past, used this technique.  However, if there is proof that this technique arose before 2002, Microsoft’s patent will not hold up in court.

MedX Granted Patent for Bone Healing

Announced earlier today, MedX Health Corp. has received a Notice of Allowance by the USPTO for its MedX Laser and Light Probe.  This device can be used for bone healing, bone growth stimulation and bone cartilage regeneration.  MedX claims their probe can be used to help those that currently suffer from carpal tunnel syndrome, tendonitis, rheumatoid arthritis, and wound healing.

The Laser and Light Probe will promote healing by triggering biological changes within the body, as well as stimulating and accelerating cellular metabolic processes.  MedX claims that utilizing their probe will increase the circulation by forming new capillaries, and stimulating collagen protein production.  Thus, healing would be accelerated by damaged bone and tissue cells being replaced more rapidly.

“This notice of allowance from the U.S. Patent & Trademark Office broadens our device portfolio,” states Steve Guillen, president and CEO of MedX Health. “It is another important step toward our entry into the wound healing market, which we expect will take place this year,” adds Guillen.

USPTO Grants Patent to InsideSales.com

The United States Patent and Trademark Office has granted InsideSales.com a notice of approval on a recent patent application.  InsideSales.com is a provider of web-based phone dialer technologies, and as stated in a press release, the new patent includes unique and innovative telephony functions that can occur from a web page.

Most of the InsideSales.com technologies are designed for business-to-business companies.  They are best known for the PowerDialer which embeds phone dialer software into its technology.  The CEO of InsideSales.com, David Elkington, said:

This patent is the first approved and one of the most important of the many patents-pending in our portfolio. It allows us to assertively protect the core component of our PowerDialer technology which has become the leading dialer solution for companies trying to increase productivity in their inside sales and lead generation departments. The inside sales or remote selling space is an industry that is particularly relevant in light of our current economy. Buyers often prefer the time-savings of remote sales over face-to-face.

Inside Sales was recently ranked as the 2nd most effective method of lead generation in 2008 by BtoB Magazine.  Much of their web-based technology was developed at Northwestern University and MIT.

Samsung Responds to Kodak’s Patent Dispute

In November, Eastman Kodak filed a lawsuit with a U.S. District Court as well as with the U.S. International Trade Commission.  Kodak accused both Samsung and LG of infringing on the data compression and storage technologies  in Kodak’s mobile camera phone.  A month after the complaint was filed, the ITC voted to investigate the claims.  But according to FierceWireless, Samsung has responded by hitting Kodak with its own lawsuit.

Samsung is asking the ITC to block the importation of Eastman Kodak digital cameras.  The Korean-based company claims that Kodak’s cameras infringe on several patents.

The ITC can be a popular place for patent infringement cases, as it can stop the imports of items that infringe on U.S. patents.  One common example of wireless companies using the ITC is the battle between Qualcomm and Broadcom.  Both have filed numerous complaints with the government agency during their long-standing feud.

TiVo and EchoStar Return to Court

The drama continued between TiVo and Dish Network operator EchoStar on Tuesday, as the two met once again in a Texas court.  According to Reuters, TiVo argued that EchoStar should have to pay additional damages for infringing on its digital video recorder patent.

For those that aren’t familiar with the history between these two companies, the legal dispute dates all the way back to 2004.  TiVo initially charged EchoStar’s Dish network system of violating TiVo’s patent for “Time Warp” software.  This software, also known as DVR, allows users to record one TV program while watching another.  In 2006, a court ruled in TiVo’s favor and the company was awarded $104 million in damages.  The U.S. Supreme Court denied Dish’s appeal of the ruling.

After that decision, EchoStar continued to distribute its digital video recorders, and collect subscription fees for the DVRs.  EchoStar claimed that the software contained a “work-around” that avoided infringement on TiVo’s patent.  TiVo claims that this “work-around” still infringes on their patents, which brought both companies back to court earlier this week.

TiVo is not only seeking additional damages, they are also looking for an injunction which would force EchoStar to stop using the DVR technology with its customers.

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