Tag: Federal Circuit
Software Patentability v.2.0.1.6: A Review of 2016 Federal Circuit Opinions
January 19, 2017
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…
Read MoreNew Rules May Alter Patent Litigation
March 31, 2016
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…
Read MoreFederal Circuit Finds the Disparagement Provision of the Lanham Act Unconstitutional
February 29, 2016
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…
Read MoreFederal Circuit Clarifies Response Requirements for an Indefiniteness Rejection
May 7, 2014
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…
Read MorePatent Infringement by the U.S. Government under § 1498
November 19, 2012
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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