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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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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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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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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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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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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USPTO to Accelerate Review of Green Technology Patents

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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Midwest Intellectual Property Symposium Held Nov. 19 – 20

The Midwest Intellectual Property Symposium was held November 19 & 20 at the University Hotel and Conference Center in Indianapolis, IN.  The event was sponsored by the Indiana Continuing Legal Education Foundation and featured presentations by speakers in a variety…

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Supreme Court Hears Oral Arguments in Bilski v. Kappos

Monday the U.S. Supreme Court heard oral arguments in the highly anticipated Bilski v. Kappos case.  The Court’s decision in this case, which is expected by the spring of 2010, will shape what types of technology is and is not…

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