Recent Analysis
Are these appeal timing estimates correct?
Posted from Patent Law Blog (Patently-O) 139 days ago
Patent Law : Analysis
The PTO is asking whether these numbers are accurate under the newly finalized Appeal Brief rules. (This will impact whether the Whitehouse allows the new rules to be implemented). Comments are due by August 9, 2008, to Susan Fawcett (Susan.Fawcett@uspto.gov),... (original story)
Legal Ethics Survey
Posted from Patent Law Blog (Patently-O) 139 days ago
Patent Law : Analysis
Please take four minutes from your day to complete the following survey on the ethics of patent prosecution: ETHICS SURVEY. This survey stems from last week’s discussion of the “Poor Man’s Opposition,” and considers how attorneys and agents should respond... (original story)
Can a Patent Plaintiff Reserve Claims to be Filed in a Later Lawsuit?
Posted from Patent Law Blog (Patently-O) 140 days ago
Patent Law : Analysis
Hemphill v. Kimberly-Clark (Fed. Cir. 2008 — appeal pending) Over the past few years, the CAFC has been developing its jurisprudence on both claim preclusion and issue preclusion. A new appeal will likely add to the mix. Hemphill initially sued... (original story)
Trade agreement plans do not include iPod frisking
Posted from OUT-LAW.COM :: Patents 140 days ago
Patent Law : Analysis
Patently-O Bits and Bytes No. 51
Posted from Patent Law Blog (Patently-O) 141 days ago
Patent Law : Analysis
Peer-to-patent public review of pending applications is expanding to Business Method Patents. [PTO Press Release][ http://www.peertopatent.org/ ] . Check out this calendar before planning your next DC trip – Perhaps you can work-in a visit to the CAFC while it... (original story)
When does a case become moot (and thus not an Article III controversy)?
Posted from Patent Law Blog (Patently-O) 141 days ago
Patent Law : Analysis
Merck v. Apotex (Fed. Cir. 2008) (non-precedential) Apotex filed an abbreviated new drug application (ANDA) to begin making a generic version of the osteoporosis drug FOSAMAX. The drug brought in over $3 billion in 2007. Merck sued for infringement and... (original story)
Obviousness is Reviewed De Novo
Posted from Patent Law Blog (Patently-O) 141 days ago
Patent Law : Analysis
Muniauction, Inc. v. Thomson Corp. and I-Deal (Fed. Cir. 2008) (Part II) [Read Part I discussing joint infringement] Muniauction's patent relates to municipal bond auctions. During cross examination at trial, Muni's expert admitted that two of the claims were identical... (original story)
MUNIAUCTION: Joint Infringement Requires Mastermind
Posted from Patent Law Blog (Patently-O) 142 days ago
Patent Law : Analysis
Muniauction, Inc. v. Thomson Corp. and I-Deal (Fed. Cir. 2008) Ray Niro's team helped Muniauction win a jury verdict of willful infringement resulting in an award of $77 million for lost profit and enhanced damages. On appeal, the CAFC reversed... (original story)
Patently-O Bits and Bytes No. 50
Posted from Patent Law Blog (Patently-O) 143 days ago
Patent Law : Analysis
Query: Does anyone use the XML links found within private PAIR? Obviousness: Secondary factors are generally used to prove that an invention is nonobvious. Symmetry may cause us to think that factors may also exist that are useful in showing... (original story)
CAFC Leans on District Court to Open Sealed Case
Posted from Patent Law Blog (Patently-O) 146 days ago
Patent Law : Analysis
Kuney v. Bean (BayState v. Bowers) (Fed. Cir. 2008) Professor Kuney is in the midst of writing a detailed account of the BayState v. Bowers case file. In that case, the CAFC affirmed the enforceability of a shrink wrap license... (original story)
Rich Baker Announces Congressional Bid
Posted from Patent Law Blog (Patently-O) 147 days ago
Patent Law : Analysis
Richard Baker is 3Com's innovative intellectual property director. He is also running for Congress to represent the 6th District of Massachusetts as a Republican. (North of Boston). For many years, Baker has been a proponent of strong patent rights and... (original story)
Business System Patents
Posted from Patent Law Blog (Patently-O) 147 days ago
Patent Law : Analysis
Ex Parte Simpson, Appeal 2008-0569 (BPAI 2008) HP's patent application focused on software used to discover networked devices. Claim 32 was rejected for lack of statutory subject matter. 32. A device discovery service stored on a computer-readable medium, the service... (original story)
Recent BPAI Decisions
Posted from Patent Law Blog (Patently-O) 148 days ago
Patent Law : Analysis
Precedential: Ex parte Ghuman, Appeal No. 2008-1175 (BPAI May 1, 2008)(rejected claims that are not appealed are considered withdrawn and subject to cancellation by examiner). Ex parte Fu, Appeal No. 2008-0601, 2008 WL 867826 (BPAI March 31, 2008) (applying KSR... (original story)
Apotex Challenge to ACULAR LS Patent Barred by Res Judicata
Posted from Patent Law Blog (Patently-O) 149 days ago
Patent Law : Analysis
Roche Palo Alto and Allergan v. Apotex (Fed. Cir. 2008) Roche’s patent covers drug formulations for treating eye inflammation and covers products sold as ACULAR and ACULAR LS. The two formulations differ in their proportion of various drugs such as... (original story)
UK-IPO asks if research exemption in patent law is too vague
Posted from OUT-LAW.COM :: Patents 149 days ago
Patent Law : Analysis
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