IP Law Digest
Director 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…
Read MoreUSPTO Launches “Trademark Information Network”
April 28, 2010
In case you don’t have enough to watch on TV, the USPTO launched a portion of its new Trademark Information Network where anyone can view news broadcast-style videos that cover important topics and can teach you about the various phases…
Read MoreUSPTO Announces Ombudsman Pilot Program
April 21, 2010
The USPTO recently announced its new Ombudsman Pilot Program. The Ombudsman Pilot Program is designed to enhance the experience applicants and their representatives have in dealing with issues that arise during patent application prosecution. To do so, the USPTO is…
Read MoreUSPTO Considers Extending Provisional Patent Duration from 12 to 24 Months
April 14, 2010
The United States Patent and Trademark Office (USPTO) is considering making a change to pendency of provisional patent applications. The change, if adopted, would somewhat extend the existing 12‑month provisional application period to 24-months. This change would be implemented through…
Read MoreNew Patent Reform Bill Seeks to Apply Daubert like Gatekeeping to Damages Theories
April 7, 2010
Prior unsuccessful attempts to reform the U.S. patent system and rein in massive damages awards have sought to limit damages to the actual economic impact attributable to the claimed invention. In its most recent bill, the U.S. Senate has shifted…
Read MoreEnforcing a Judgment by Levying a Domain Name
March 31, 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) Slip Opinion, the Ninth Circuit ruled that a creditor can levy a…
Read MoreBiotech Patents Invalidated for Failing to Disclose the Best Mode
March 25, 2010
The Federal Circuit has affirmed an 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 genetically modified E.…
Read MorePatent Prosecution Highway Update
March 18, 2010
A pilot program of the Trilateral (EPO, JPO and USPTO) PCT-Patent Prosecution Highway began January 29, 2010 and is planned to run for two years. The program fast-tracks patent examinations in the EPO, JPO and USPTO for PCT applications receiving…
Read MoreEPO Patent Practice Update
March 12, 2010
The EPO has changed its rules for filing Divisional applications. Previously, Divisional applications could be filed from any pending European application. Now, the deadline for filing voluntary divisional applications is 24 months from the date of the first official communication…
Read MoreNew Examiner Count System Takes Effect
February 26, 2010
As we previously discussed, the United States Patent and Trademark Office (USPTO) proposed significant changes to the Examiner count system on September 30, 2009. Those proposed changes took effect on February 18, 2010. As indicated in the USPTO press release…
Read MoreCAFC: You Can’t Copy And Then Turn A Blind Eye To Avoid Induced Infringement
February 18, 2010
The Federal Circuit has recently addressed the issue of the knowledge required to support a finding of induced infringement under 35 U.S.C. § 271(b). SEB S.A., et al. v. Montgomery Ward & Co., et al., Case Nos. 2009-1099, -1108, -1119…
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