Recent Patent Law News
BPAI Administrative Patent Judges
Posted from Patent Law Blog (Patently-O) 67 days ago
Patent Law : News
There continues to be interest in the BPAI appointments problem identified by Professor John Duffy. The solution going forward is quite simple ??? change the law so that BPAI administrative patent judges will be appointed by the Secretary of Commerce... (original story)
A First Look at Who Files Provisional Patent Applications
Posted from Patent Law Blog (Patently-O) 67 days ago
Patent Law : News
As part of the 1995 patent law overhaul, the USPTO began allowing patent applicants to file provisional patent applications. Over a decade later, these lower-cost provisional filings have taken hold. According to PTO annual reports, over 132,000 provisional patent applications... (original story)
Obvious to Try? BIO Challenges Ex Parte Kubin
Posted from Patent Law Blog (Patently-O) 67 days ago
Patent Law : News
In re Kubin (Fed. Cir. 2008) Immunex (a subsidiary of Amgen) is hoping to patent its a DNA sequence coding for a NK (Natural Killer) cell regulator protein. The BPAI rejected the ???nucleic acid molecule??? claim ??? finding it obvious... (original story)
Some Design Patents That Have Been Litigated
Posted from Patent Law Blog (Patently-O) 67 days ago
Patent Law : News
Patently-O Bits and Bytes No. 40
Posted from Patent Law Blog (Patently-O) 67 days ago
Patent Law : News
Sitting by Designation: The CAFC has continued to offer district court judges from across the country the opportunity to sit on the appellate bench for a day. On June 3, 2008, Judge Ward from the Eastern District of Texas filled... (original story)
Existence of Non-Asserted Claims Allows Court to Disregard Construction Canon Encouraging Coverage of Preferred Embodiment
Posted from Patent Law Blog (Patently-O) 67 days ago
Patent Law : News
Helmsderfer v. Bobrick Washroom Equipment (Fed. Cir. 2008) John Helmsderfer sued Bobrick for infringement of its patent covering tamper-resistant diaper changing stations. After a markman hearing, the Southern District of Ohio district court awarded the defendants summary judgment of non-infringemen... (original story)
Subsidiary's Lost Profits Do Not Translate to Lost Profit Damages for Parent Patent Holder
Posted from Patent Law Blog (Patently-O) 67 days ago
Patent Law : News
Mars, Inc. v. Coin Acceptors, Inc. (CoinCo) (Fed. Cir. 2008) Way back in 1990, Mars sued CoinCo for patent infringement ??? asserting two patents covering technology for authenticating coins inserted into a vending machine. Eighteen years later, the parties are... (original story)
Patently-O Bits and Bytes No. 41 (False Marking, Etc.)
Posted from Patent Law Blog (Patently-O) 67 days ago
Patent Law : News
Tracking Appeals: There is an interesting new patent litigation blog: Patent Appeal Tracker run by Kyle Fleming and Josh Ryland. They are providing a review of various pre-decision appeals. False Marking: Matthew Pequignot is again a plaintiff in a false... (original story)
Formalism at the CAFC: Equitable Plea for Revival is Rejected
Posted from Patent Law Blog (Patently-O) 67 days ago
Patent Law : News
Burandt v. Dudas (Fed. Cir. 2008) Burandt???s patent expired in 1994 for failure to pay the maintenance fee. His former employer held legal title to the patent ??? although Bruandt arguably held an equitable interest in the title. At that... (original story)
ESA spent over $700K to lobby government in first quarter
Posted from Patent / Trademark Law News 68 days ago
Patent Law : News
The ESA has been troubled by what is increasingly looking like a mass exodus from its ranks ; no one can claim that it hasn't been working to protect gamers' rights. (original story)
Patently-O Bits and Bytes No. 43
Posted from Patent Law Blog (Patently-O) 68 days ago
Patent Law : Analysis
Obviousness Essays: Lewis & Clark has published results from its Obviousness symposium. [LINK] Papers include Duffy’s thoughts that the timing of an invention helps determine its obviousness; Mandel’s argument that KSR stinks because it does not truly account for hindsight... (original story)
Patently Unfair & Harmful Too!
Posted from PLI Patent Practice Center ... 68 days ago
Patent Law : News
If "quality review" means anything we also have to start looking at those patents that are rejected which should have been issued. Looking only at what issues to determine quality is either arrogant or just plain stupid. Is PTO management really able to confuse Congress, the Department of Commerce a... (original story)
High court rules against multiple royalties - Associated Press
Posted from circuit court "patent ... 68 days ago
Patent Law : News
WASHINGTON (AP) -- The Supreme Court on Monday limited the ability of companies to collect multiple royalties on their patents, the latest step by the justices to scale back the power of patent-holders. The unanimous decision, which was helpful to ... (original story)
Tellabs Sues Fujitsu for Patent Infringement
Posted from Patent / Trademark Law News 68 days ago
Patent Law : News
Tellabs filed a patent infringement lawsuit against Fujitsu Limited and Fujitsu Network Communications, Inc., in the U.S. District Court for the Northern District of Illinois. (original story)
More Quality Review Madness
Posted from PLI Patent Practice Center ... 68 days ago
Patent Law : News
Everyone knows that the examiners are just playing fast and loose with restriction practice, but increasingly I am more and more convinced that the backlog is not at all created by applicants or attorneys. The backlog problem is created by the Patent Office itself. They multiply cases faster than ... (original story)
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