Month: May 2010
New 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…
Read MoreUSPTO Opens “Project Exchange” Program To All Applicants
May 19, 2010
On November 6, 2009, the USPTO announced the initiation of a program called “Project Exchange.” This program was initially limited to applicants claiming small entity status; however, the USPTO has more recently announced that this program will be available to…
Read MoreDirector Kappos Comments on Written Description Requirement
May 12, 2010
The Court of Appeals for the Federal Circuit (CAFC) recently issued on en banc decision in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., essentially leaving the written description requirement intact. In that case, Ariad filed a patent application relating…
Read MoreInequitable Conduct Law Continues to Evolve
May 5, 2010
Avid Identification Sys. v. Crystal Import Corp., No. 09-1216 (April 27, 2010) In Avid, Dr. Hannis Stoddard, who was the founder and president of the company, hired three engineers to develop a product based on his idea of identifying and…
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