For quite some time, the phrase “computer-readable media” in software claims has been a buzzword Examiners have latched onto for 101 rejections.  Yesterday, the USPTO released a guidance memo that provides specific language suggested for overcoming or avoiding these rejections.  Interestingly, addition of this suggested language to overcome rejection will not be considered new matter, regardless of whether the language is in the original specification.  One wonders if the USPTO will release more of these “preferred language” memos in the future to save additional 101 amendment time.

Yep, still polar opposites.  The lawsuit brought by The North Face against The South Butt continues, with a scheduling conference held yesterday, January 27, 2010.   Both poles, er, sides agreed to a preliminary injunction hearing on April 12, 2010.  A mediation is also purported to be scheduled prior to that hearing.  More to come as details unfold!

A popular outdoor product company, The North Face, is suing a student-founded start-up company, The South Butt, for trademark infringement.  The North Face complaint includes arguments for likelihood of confusion.  In response to this argument, IP counsel for The South Butt indicated that the public knows “the difference between a face and a butt.”

The South Butt website now includes a disclaimer along the same lines:

We are not in any fashion related to nor do we want to be confused with The North Face Apparel Corp. or its products sold under “The North Face” brand. If you are unable to discern the difference between a face and a butt, we encourage you to buy North Face products.

The answer submitted by The South Butt in response to The North Face complaint is equally comedic, and worth a read.  And if you feel inspired to get involved, you can participate in The South Butt Challenge App available on Facebook.

Hat tip: Patently-O (and Jake – for alerting me to this hilarious lawsuit)

Microsoft released a supplemental patch for Office 2007 that is required for the United States in order to comply with the injunction of August 12, 2009.  From the Microsoft OEM Partner Center:

After this patch is installed, Word will no longer read the Custom XML elements contained within DOCX, DOCM, or XML files. These files will continue to open, but any Custom XML elements will be removed. The ability to handle custom XML markup is typically used in association with automated server based processing of Word documents. Custom XML is not typically used by most end users of Word.

A company out of Nebraska, Prism Technologies LLC, has sought an import ban on the Blackberry Curve model claiming patent infringement.  The Curve model is one of the iPhone’s fiercest competitors.  Read more here.