Tag: Patent Law
Biotech 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 MoreUpcoming CLE – 2009 IP Year in Review
March 2, 2010
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…
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 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…
Read MoreMidwest Intellectual Property Symposium Held Nov. 19 – 20
November 24, 2009
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…
Read MoreSupreme Court Hears Oral Arguments in Bilski v. Kappos
November 10, 2009
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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