IP Law Digest
USPTO Extends After Final Consideration Pilot Program
September 26, 2014
The USPTO has announced that it will extend the After Final Consideration Pilot 2.0 (AFCP) Program through September 30, 2015. The program was previously scheduled to expire on September 30, 2014. The PTO further announced that Examiners will begin sending…
Read MorePatent Examination Guidelines in View of the Alice Decision Presentation
August 22, 2014
The following presentation discusses the recent patent examination guidelines for patentable subject matter issued by the USPTO concerning the recent Alice decision. To view the presentation, visit: Examiner Guidelines from Woodard, Emhardt, Henry, Reeves & Wagner, LLP
Read MoreSupreme Court Rules Streaming Broadcast Television via a Pay Service over the Internet Without Paying Licensing Fees Illegal
June 27, 2014
On Wednesday, June 25, the Supreme Court ruled that Aereo violated copyright laws by publicly performing copyrighted works. Aereo is a startup whose business model revolves around recording broadcast television programming and storing the programming on their servers. The programming…
Read MoreWashington Redskins Trademarks Canceled
June 27, 2014
On Wednesday, June 18, the Trademark Trial and Appeal Board canceled the “Redskins” mark in a 2-1 decision stating that it is “disparaging to Native Americans.” A similar case was filed in 1992 and was overturned by a federal district…
Read MoreRegarding “Patent Trolling”, Plaintiff Ordered to Pay Attorney’s Fees after First Application of New Standard for Awarding Attorney’s Fees in Patent Cases
June 19, 2014
In the case of Lumen View Tech. LLC v. Findthebest.com, Inc. , the Southern District of New York has become the first court to hand down an opinion and order following the Supreme Court decision of Octane Fitness, LLC v.…
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 MoreSupreme Court Modifies Standard for Awarding Attorney’s Fees in Patent Cases
May 2, 2014
Two recently decided Supreme Court cases have made it easier for a party to be granted attorney’s fees after winning a case. According to 35 U.S.C. §285, a court may award attorney’s fees to a winning party in “exceptional” cases.…
Read MoreUSPTO to Roll Out Glossary Pilot Program
March 27, 2014
The United States Patent and Trademark Office has announced the initiation of a pilot program to study the effectiveness of glossaries in specifications of US patent applications. The program is part of an overall White House initiative aimed at improving…
Read MorePatent Eligibility at the Supreme Court
December 11, 2013
On December 6, the U.S. Supreme Court agreed to hear a case about whether computer-implemented inventions are patent-eligible subject matter under 35 U.S.C. § 101. The case, Alice Corporation Pty. Ltd. v. CLS Bank International, No. 13-298, involves computer technology…
Read MoreCircuit Split re: Patent Term Adjustment
November 15, 2013
35 U.S.C. § 154(b) allows for extension of patent term for design and utility patents filed after May 29, 2000. The statute provides for patent term adjustment for delays caused by the USPTO. “A Term” adjustments result from untimely responses…
Read MorePatent Litigation Reform Again a Hot Topic in Congress
September 25, 2013
Right before the August recess, both chairmen of the House and Senate Judiciary committees committed to introducing omnibus patent reform bills addressing patent troll abuses when Congress returns in September. House Judiciary Chairman Bob Goodlatte recently released a second draft…
Read MoreIndiana Farmer Loses U.S. Supreme Court Seed Patent Case
May 14, 2013
In a recent case arising out of Indiana, the United States Supreme Court addressed the patent exhaustion doctrine in the context of seed patents. Monsanto sued Indiana farmer Vernon Bowman alleging infringement of its patents covering its Roundup Ready seed.…
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