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News & Updates

USPTO Considers Extending Provisional Patent Duration from 12 to 24 Months

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…

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New Patent Reform Bill Seeks to Apply Daubert like Gatekeeping to Damages Theories

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…

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Enforcing a Judgment by Levying a Domain Name

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…

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Woodard, Emhardt Attorney Selected As Judge for the Enterprise 8 Business Plan Tournament for Entrepreneurs

Congratulations to Woodard Emhardt partner Chuck Schmal for being selected as a judge for the Enterprise 8 Business Plan Tournament. The Enterprise 8 is a business plan tournament for entrepreneurs hosted by Ball State University’s Entrepreneurship Center. It attracts students from…

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Biotech Patents Invalidated for Failing to Disclose the Best Mode

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.…

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Patent Prosecution Highway Update

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…

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Lovely Day for a Parade

Join us in celebrating St. Patrick’s Day at the 30th Annual Indianapolis St. Patrick’s Day Parade on Wednesday, March 17, 2010.  Woodard, Emhardt partner Jack Moriarty co-founded and ran the Parade for its first few years, and continues to be…

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EPO Patent Practice Update

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…

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Upcoming CLE – 2009 IP Year in Review

Please mark your calendars for Tuesday, April 27th, as Woodard, Emhardt partner Chuck Schmal will be one of the featured speakers reviewing interesting case law and other developments in the past year in the areas of patent, trademark, copyright and internet law.  The seminar…

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New Examiner Count System Takes Effect

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…

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CAFC: You Can’t Copy And Then Turn A Blind Eye To Avoid Induced Infringement

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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Save More Money by Filing Online

The Copyright Office increased its fees for certain types of filings effective August 1, 2009.  The new fee schedule can be found at http://www.copyright.gov/docs/fees.html#ftn.  Under the new fee schedule, the fee for online registration for a basic claim would remain…

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