Case Law Update: Inequitable Conduct Law Continues to Evolve
June 30, 2010
In a recent decision, the Federal Circuit ruled a company’s patent unenforceable due to the inequitable conduct committed by the company’s non-inventor president. As background, Avid’s founder and president, Dr. Hannis Stoddard, hired three engineers to develop a product based…
Read MoreCase Law Update: Enforcing a Judgment by Levying a Domain Name
June 30, 2010
The Ninth Circuit issued an ironic ruling last month regarding levying domain names to satisfy a prior judgment. In Office Depot, Inc. v. Zuccarini (9th Cir., Feb. 2010), the Ninth Circuit ruled that a creditor can levy a domain name…
Read MoreTrademark Videos on Demand
June 30, 2010
In case you don’t have enough videos to watch, the United States Patent and Trademark Office (“USPTO”) launched a portion of its new Trademark Information Network where anyone can view news broadcast-style videos on its website that cover important topics…
Read MoreCase Law Update: Biotech Patents Invalidated for Failing to Disclose the Best Mode
June 30, 2010
The Federal Circuit has affirmed an International Trade Commission (ITC) decision finding two asserted patents invalid because they did not satisfy the best mode requirement of 35 U.S.C. §112. The two patents relate to improved methods of producing L-lysine using…
Read MoreFast-Track Examination
June 30, 2010
A pilot program of the Trilateral Patent Cooperation Treaty (“PCT”)-Patent Prosecution Highway began January 29, 2010, and is planned to run for two years. The program fast-tracks patent examinations in the European Patent Office (“EPO”), the Japan Patent Office (“JPO”)…
Read MoreSupreme Court Issues Long-Awaited Bilski Decision
June 30, 2010
At long last, the Supreme Court has issued its opinion in Bilski v. Kappos. As widely expected, the Court affirmed the unpatentability of Bilski’s risk-management method. With a majority opinion authored by Justice Kennedy and concurring opinions offered by Justices…
Read MoreBilski v. Kappos (Supreme Court 2010)(08-964)
June 28, 2010
At long last, the Supreme Court has issued its opinion in Bilski v. Kappos. As widely expected, the Court affirmed the unpatentability of Bilski’s risk-management method. With a majority opinion authored by Justice Kennedy and concurring opinions offered by Justices…
Read MoreRestriction Practice Now Under Scrutiny
June 23, 2010
For all those who have been confused and/or down right frustrated by a restriction requirement or two … (Haven’t we all?) … the United States Patent and Trademark Office will be accepting written public comments on restriction practice until August…
Read MorePatentability Search – Why Bother?
June 17, 2010
When discussing the fundamentals of patent law with potential clients, we are often asked whether it is necessary, and whether it is a good idea, to conduct a patentability search. The bottom line is that there is no requirement to…
Read MorePatent Examiner, Will You Please Ignore My Recent Issue Fee Payment Until After You’ve Considered This New Reference?
June 10, 2010
Occasionally, a patent practitioner will become aware of a prior art reference after the issue fee has been paid, and the question becomes—will the examiner consider the reference at this late stage? The short answer is “yes”. But as you…
Read MoreI Want a Patent – How Soon Is Too Soon?
June 3, 2010
Clients and prospective clients are often eager to obtain patent protection even though their new product (invention) is still “under development”. They often ask: “When should I file a patent application?” and “What type of application should I file?” If…
Read MoreNew Procedure for Appeal Brief Review in Ex Parte Reexamination Proceedings
May 26, 2010
In the most recent publication of the Federal Register (Vol. 75, No. 100), the United States Patent and Trademark Office (USPTO) announced a new procedure for the review of appeal briefs filed in ex parte reexamination proceeding appeals. The intention…
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