Blog
Enforcing 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…
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…
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