IP Law Digest
New 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…
Read MoreCAFC Upholds Finding of Inequitable Conduct For Failure to Disclose Contradictory Statements Regarding Prior Art
February 11, 2010
The Federal Circuit has recently affirmed a Northern District of California decision finding, among other things, U.S. Patent No. 5,820,551 (the ‘551 patent) unenforceable due to inequitable conduct. Therasense, Inc. v. Becton, Dickinson and Co., Case No. 2009-1511 (Fed. Cir.…
Read MoreHefty Fines For False Patent Marking
February 5, 2010
As many patent owners and licensees are aware, U.S. law allows manufacturers of patented products to mark the product with the number of the relevant patent (or simply “patent pending” if a patent has been applied for). This not only…
Read MoreExtend Your Patent Term
February 5, 2010
In a recent case (Wyeth v. Kappos), the Federal Circuit issued an opinion concerning how Patent Term Adjustment (PTA) should be calculated. The USPTO’s method of calculating PTA will now be revised based on the new standard. The result favors…
Read MoreTrademarks: First Madrid Protocol Affidavits Coming Due
January 26, 2010
In a recent blog update (link below), USPTO Director David Kappos issued a reminder that the first affidavits for extensions of trademark protection issued under the Madrid Protocol will be coming due between February 1, 2010 and February 1, 2011.…
Read MoreProposed Modifications to BPAI Rules Regarding Ex Parte Appeals
January 7, 2010
The United State Patent & Trademark Office (USPTO) is considering modifications to rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte appeals. Changes to the BPAI rules were first proposed in 2007 and finalized…
Read MoreUSPTO to Accelerate Review of Green Technology Patents
December 9, 2009
The USPTO is introducing a new pilot program which will accelerate the examination of certain “green” technology patent applications. Under normal circumstances, patent applications are examined in the order that they are filed. Currently, the average pendency time for applications…
Read MoreUSPTO Director Kappos now blogging on new USPTO website
December 1, 2009
New USPTO Director David Kappos is reaching out and attempting to engage the public on the topic of patent law and other issues that matter to both inventors and the patent bar alike. Mr. Kappos began the blog earlier this…
Read MoreSupreme Court Hears Oral Arguments in Bilski v. Kappos
November 10, 2009
Monday the U.S. Supreme Court heard oral arguments in the highly anticipated Bilski v. Kappos case. The Court’s decision in this case, which is expected by the spring of 2010, will shape what types of technology is and is not…
Read MoreICANN Set to Expand Domain Name Space
November 4, 2009
ICANN (the body responsible for regulating domain names) is planning to expand the domain name system to better reach an international audience. Domain names consisting of non-latin characters are currently set to be launched on November 16, 2009. These characters…
Read MoreThailand Becomes the 142nd PCT Member
October 27, 2009
On September 24, 2009, Thailand (TH) became the 142nd Contracting State of the PCT. Thailand will become bound by the PCT on December 24, 2009, and all PCT applications filed on or after December 24 will automatically designate Thailand.
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