News & Updates
USPTO Rescinds Controversial Claiming and Continuations Rules
October 9, 2009
The USPTO announced today that it will officially rescind its controversial claiming and continuations rules package next week. The restrictive rules package sought to impose extensive limits on the way applicants could claim their inventions and on the number of…
Read MorePatent Office Extends First Action Interview Pilot Program Into New Art Units
October 7, 2009
The US Patent and Trademark Office (USPTO) announced yesterday that it is expanding its initial First Action Interview Pilot Program. This program entitles an applicant to an interview with the patent examiner assigned to their case prior to the issuance…
Read MoreThe Patent Office and Examiner’s Union Propose Changes to the Examiner Count System Which May Dramatically Affect How Patent Applications Are Processed
October 1, 2009
The US Patent & Trademark Office (USPTO), via a press release on its web site, has announced that the USPTO Joint Labor-Management Task Force has issued a joint proposal for amending the Examiner Count System. The task force comprised senior…
Read MoreWoodard, Emhardt Partner Speaks at Indiana Law Update 2009 CLE
September 25, 2009
Managing partner Thomas Q. Henry was an intellectual property law presenter at the Indiana Law Update 2009 CLE sponsored by the Indiana Continuing Legal Education Forum on September 22, 2009. Mr. Henry presented on recent updates and developments in IP…
Read MoreU.S. Supreme Court Grants Review in Business Methods Case
September 9, 2009
The Supreme Court has agreed to review the Federal Circuit’s decision in In Re Bilski. This will be the first time the Supreme Court has weighed in on patent eligibility under §101 in more than 25 years. The Supreme Court…
Read MoreChallenge to the USPTO’s Proposed Patent Rules Continues
September 9, 2009
In July, the Federal Circuit granted rehearing en banc in Tafas v. Doll regarding the USPTO’s power to implement new rules on restrictions for continuations and claim limitations. The original appeal was taken from a summary judgment decision in favor…
Read MorePiracy: From Swords and Cannons to a Mouse and Keyboard
September 9, 2009
How would you like to drive a Ferrari, wear the latest Gucci shoes, or perhaps own an expensive Rolex watch? Conversely, how would you like to see copies of your own products being sold online by someone else, for a…
Read MoreHigher Standard to Prove Fraud on the Trademark Office
September 9, 2009
The Federal Circuit recently reversed a decision by the Trademark Trial and Appeal Board (TTAB) involving fraud on the Trademark Office. The TTAB had ruled that the registrant committed fraud in renewing its trademark registration by maintaining goods in the…
Read MoreLitigation in the Digital Age of Discovery: How to Ensure “Reasonable” Searching of Electronically Stored Information
September 9, 2009
We litigate in a digital age. As a result, electronically stored information (ESI) is subject to discovery in a lawsuit. Discovery demands that each side produce to the other side its information that is relevant to the suit. These days,…
Read MoreWoodard, Emhardt Attorneys Teach at Indiana Law Schools
September 8, 2009
Many of Woodard, Emhardt’s attorneys serve the Intellectual Property community in Indiana by teaching courses at Indiana law schools. This fall, partners Charles P. Schmal and Charles R. Reeves are serving as adjunct law professors at Indiana University School of…
Read MoreThe Conflict Between European Privacy Laws and U.S. Discovery Requirements
August 17, 2009
Recently adopted European data protection laws designed to protect the privacy of European employees can easily conflict with U.S. civil litigation document production requirements. The dilemma for multinational companies can be whether to comply with U.S. court discovery obligations and…
Read MoreKappos Named New USPTO Director
August 1, 2009
David Kappos was sworn in August 13, 2009 as the new Director of the United States Patent and Trademark Office. Mr. Kappos intends to focus on reducing the backlog of pending patent applications and appeals at the USPTO, as well…
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