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News & Updates

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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ICANN Going Global

ICANN (the body responsible for regulating domain names) is expanding the domain name system to better reach an international audience.  Domain names consisting of non-latin characters, including Chinese, Arabic, and Hebrew, are now permitted.  The program enables countries and territories…

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CAFC Upholds Finding of Inequitable Conduct For Failure to Disclose Contradictory Statements Regarding Prior Art

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.…

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Happy Birthday, Edison! National Inventor’s Day

February 11th is National Inventors’ Day in the United States.  It is celebrated on the birthday of one of the best inventors in the history of the United States: Thomas Alva Edison.  Edison has over 1,000 U.S. patents issued in…

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Hefty Fines For False Patent Marking

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…

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Extend Your Patent Term

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…

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Trademarks: First Madrid Protocol Affidavits Coming Due

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.…

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Proposed Modifications to BPAI Rules Regarding Ex Parte Appeals

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…

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