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USPTO Examiner Guidance on Business "Processes"

Patent Attorney Jeff Spangler recently attended the PTO’s business method partnership where he received a copy of the written clarification given to examiners to help them determine when a claimed business method is eligible for patent protection as a statutory... (original story)

The Multi-Factor Test for Declaratory Judgment Jurisdiction in Patent Cases

Cat Tech LLC v. TubeMaster, Inc. (Fed. Cir. 2008) Cat sued TubeMaster — alleging infringement of its patent covering a method of using a catalyst loading devices to simultaneously load thousands of tube reactors. Cat’s infringement allegations were focused on... (original story)

Court revokes Aerotel's landmark patent

(original story)

First Sale Doctrine: Copyright & Patent

In some ways, the Supreme Court case of Quanta v. LGE is a symbol of the ongoing struggle between property law and contract law. With concepts like the first sale doctrine (and the rule against perpetuities), property law has typically... (original story)

Federal Circuit Contract Interpretation

Lawler Mfg. v. Bradley Corp. (Fed. Cir. 2008)(nonprecedential) In 2001, Lawler and Bradley settled a patent infringement lawsuit and entered into a contractual license agreement. Bradley was given the right to practice Lawler’s plumbing valve patents in exchange for a... (original story)

... and See What Sticks: Claim Construction Appeals

Rattler Tools v. Bilco Tools (Fed. Cir. 2008) (nonprecedential) Rattler sued Bilco in the Eastern District of Louisiana -- alleging that Bilco's magnetic scrapper (used to clean out oil wells) infringed several patents. After a bench trial, the district court... (original story)

CAFC: Failing to Submit Invention Inspiration OK; Failing to Submit Product Code of Preferred Input Not OK.

TALtech v. Esquel Apparel (Fed. Cir. 2008) (nonprecedential) Summary: (1) An applicant need not disclose its own prior work or inspiration for invention if merely cumulative of other references cited; (2) Failing to identify the brand of adhesive tape used... (original story)

USPTOExaminers.com

According to the website, USPTO Examiners (www.usptoexaminers.com) “is a website designed for professionals to anonymously review, rank, and learn about a patent examiner or a trademark examining attorney who works at the United States Patent and Trademark Office (USPTO).” Law... (original story)

New Counsel On Appeal Does Not Overcome Waiver of Novelty Argument

Golden Bridge Tech. v. Nokia and Lucent Tech. (Fed. Cir. 2008) Golden Bridge’s patent covers a CDMA mobile communication scheme that gradually ramps-up the communication power signal in order to avoid interference with other mobile phones. On summary Judgment, the... (original story)

Inequitable Conduct: Failure to Submit Full Experimental Details

Aventis v. Amphastar Pharmaceuticals and Teva (Fed. Cir. 2008) Summary: The CAFC affirmed a ruling that the Lovenox patents – owned by Aventis – are unenforceable due to a failure to submit important experimental information during prosecution. In dissent, Judge... (original story)

Phillips Claim Construction: Changed Methodology but Unchanged Results

Mangosoft v. Oracle (Fed. Cir. 2008) Mangosoft’s patent covers a networked virtual memory system. The virtual memory is formed by pooling storage capacity on the local networked computers (nodes) rather than relying on a primary server. Oracle’s Real Application Clusters... (original story)

Federal Circuit: State of the Court

On May 15, 2008, Federal Circuit Chief Judge Michel presented his “State of the Court” address at the well attended Federal Circuit Judicial Conference. As usual with the Chief Judge, his remarks were upbeat but unsatisfied. Several particular issues were... (original story)

Patently-O Bits and Bytes No 34

PPAC Nominees: Due by May 30. Three new PPAC members will be appointed by the Secretary of Commerce for a three year term. [LINK] Design Patents on Automotive Parts: Perhaps the most controversial subject matter for design patents involve automotive... (original story)

RIM v. NTP Continues to Trouble Patent Office

Although NTP v. RIM settled years ago, the PTO’s reexamination of NTP’s patents have continued to plod along. In the background are allegations by NTP that PTO officials improperly (and covertly) met with RIM CEO Jim Balsillie and other RIM... (original story)

Patently-O Bits and Bytes No. 31

In re Volkswagen(5th Cir. en banc). A self-titled “ad hoc committee of intellectual property trial lawyers in the Eastern District of Texas” have filed a brief in the pending VW case arguing on the substance that the E.D.Tex. courts do... (original story)



patent law patents 
R. Anthony Reese - Copyrigh...
Release Date: July 08, 2008.
Deborah E. Bouchoux - Paten...
Release Date: April 21, 2008.
Deborah E. Bouchoux - Intel...
Release Date: March 03, 2008.

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