Software Patentability v.2.0.1.6: A Review of 2016 Federal Circuit Opinions

The January patent prosecution practice luncheon included a discussion of highlights from 2016 Federal Circuit opinions that addressed the patentability of software inventions. Although the Federal Circuit continued its trend of invalidating most of the software patents it reviewed, several…

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New Rules May Alter Patent Litigation

On December 1, 2015, new amendment to the Federal Rules of Civil Procedure went into effect. For intellectual property practice, the most significant change may be the elimination of the “Forms” section of the rules and Rule 84. Previously, pleadings…

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Federal Circuit Finds the Disparagement Provision of the Lanham Act Unconstitutional

This presentation provides information concerning the recent In re Tam case in which the Federal Circuit held that the disparagement provision of §2(a) of the Lanham Act is unconstitutional because it violates the First Amendment right of free speech. It…

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Federal Circuit Clarifies Response Requirements for an Indefiniteness Rejection

The Federal Circuit recently released its opinion for the case In re Packard, providing guidance as to when the United States Patent and Trademark Office (USPTO) may properly reject a claim as failing to meet the definiteness requirements of 35…

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Patent Infringement by the U.S. Government under § 1498

What should you do if the U.S. Government infringes your patent?  Under 28 U.S.C. §1498, whenever the government uses or manufactures a invention covered by a patent of the United Stated, without a license from the owner, the owner may…

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