Circuit Split re: Patent Term Adjustment

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…

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Patent Litigation Reform Again a Hot Topic in Congress

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…

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Indiana Farmer Loses U.S. Supreme Court Seed Patent Case

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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Viacom v. YouTube: YouTube Not Willfully Blind to Copyright Infringement

Viacom, a major player in both television and film, recently lost another round in its long-running, landmark copyright litigation against YouTube. In yet another attempt to hold YouTube liable for sharing Viacom’s content on its site, Viacom alleged that YouTube…

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Huge Success for Firm Sponsored FIRST Robotics Crossroads Regional

In this year’s FIRST Robotics Crossroads Regional, robots designed and constructed by students of 50 high schools across seven Midwest states competed against one another in front of a crowd of more than 2,200 people. Armed with robots designed to…

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America Invents Act (AIA) Transition Patent Application Statements

The presentation and accompanying video below generally concerns the procedures and rules for identifying whether or not patent applications are subject to the America Invents Act, commonly known as the AIA. It more specifically concerns the procedures and practices for…

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Supreme Court Confirms that First Sale Doctrine Applies to Lawful Foreign Sales

Is a person who lawfully obtains a book from overseas allowed to redistribute the book in the United States without paying royalties to the original copyright owner? That is the question the Supreme Court addressed in its ruling in Kirtsaeng…

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Saving High-tech Innovators from Egregious Legal Disputes, or SHIELD Act

Representatives Peter DeFazio (D-Ore.) and Jason Chaffetz (R-Utah) recently reintroduced H.R. 845, the Saving High-tech Innovators from Egregious Legal Disputes, or SHIELD Act. The bill seeks to “protect American tech companies from frivolous patent lawsuits that cost jobs and resources”…

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USPTO Implements Final First-Inventor-to-File Rules Effective March 16

The USPTO recently published final rules implementing the first-inventor-to-file provisions of the America Invents Act (AIA) that take effect on March 16, 2013.  The full text of the new rules is available here.  The USPTO also published examination guidelines accompanying…

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New USPTO Fee Schedule To Take Effect on March 19th

On January 18, the United States Patent and Trademark Office (PTO) issued new rules setting and adjusting patent fees. Under the America Invents Act (AIA), the PTO has increased authority to set and change the fees it charges in order…

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New Year Brings New Amendments to AIA

With confetti still lingering in the air Congress passed H.R. 6621 which includes many technical amendments to the America Invents Act.  The passing of H.R. 6621 was not without a small amount of controversy as a section dealing with still…

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MAP Pricing Policies

Manufacturers of goods often seek to control how their goods are advertised or otherwise presented to the public.  One method of doing so is by creating a “Minimum Advertised Price” or “Manufacturer’s Suggested Retail Price.”  However, doing so may present…

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