Featured Story

Best Mode for Producing Lysine Included Undisclosed Features

Best Mode for Producing Lysine Included Undisclosed Features

By HDP • on March 9, 2010

In method for producing L-lysine including  genetically altering E. coli, inventors failed to disclose best host strain to use and  further modification that enhanced production. Ajinomoto Co. v. ITC, 2009-1081 (Fed. Cir. Mar. 8, 2010) In a rare best mode case, the Federal Circuit confirmed

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HD Signals

New Trial for Inconsistent Verdict of Nonobvious Independent Claim, Obvious Dependent Claims

New Trial for Inconsistent Verdict of Nonobvious Independent Claim, Obvious Dependent Claims

By HDP • on March 3, 2010

JMOL on validity reversed because judge misunderstood when art is analogous; claim constructions using dictionary and prosecution argument upheld. A JMOL

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Bilski

It’s The Network

It’s The Network

By Gregory A. Stobbs • on August 22, 2009

Scott C. Harris was all set to go eBay one better, with his “Real Time Auction with End Game.” Bidders would use their computers to submit

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ITC

ITC: First Five Things to Do when You’ve Been Sued

ITC: First Five Things to Do when You’ve Been Sued

By Gregory A. Stobbs • on May 23, 2009

So your company has just been sued in the ITC? Perhaps this is a result of a dispute with one of your competitors; or perhaps your company simply supplies

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Music Industry

Musical Instrument Patent Of The Week

Musical Instrument Patent Of The Week

By David McClaughry • on February 5, 2010

Week of January 18, 2010 United States Patent No: 7,649,131 

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Trademarks

Picture Is Not a Mandatory Requirement for a Website-Based Specimen of Use Submitted with Trademark Application

Picture Is Not a Mandatory Requirement for a Website-Based Specimen of Use Submitted with Trademark Application

By HDP • on January 4, 2010

Federal Circuit reverses Trademark Office’s holding that an internet specimen of use must include a picture of the goods to be registrable. In re Michael

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Patent Prosecution

Patents Obvious Over Same Prior Art Raised During Ex Parte Reexamination

Patents Obvious Over Same Prior Art Raised During Ex Parte Reexamination

By HDP • on March 3, 2010

Dissent finds a bias against protecting an invention that “does not advance rocket science or cancer medicine.” A divided Federal Circuit panel affirmed

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Litigation

Perfecting Security Interests in Intellectual Property Is Not a Perfect Process

Perfecting Security Interests in Intellectual Property Is Not a Perfect Process

By Robert J. Lenihan, II • on November 7, 2009

By Robert J. Lenihan, II and Allen E. Pittoors In 1962, Michigan slightly revised, and then adopted, the Uniform Commercial Code (UCC).  The UCC governs

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Licensing

Other Headlines

Failure to Properly Preserve and Search for ESI Results in Monetary Sanctions and Spoliation Jury Instructions

District Court Judge who issued Zubulake decision again orders sanctions for failure to properly handle electronically stored information (ESI) in discovery. Pension Committee of the Univ. of Montreal

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Beyond Mere Planning and Preparation: The Duty of Loyalty Owed By Employees to Their Employers

by Kara R. Yancey  Suppose you represent a company whose former employee has

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Musical Instrument Patent Of The Week

Week of January 11, 2010 United States Patent No: D607,920  Title:

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Federal Circuit Broadens Claim Construction & Vacates Grant of Summary Judgment of Noninfringement

Schindler Elevator Corp. v. Otis Elevator Co., No. 2009-1146 (Fed. Cir. Jan. 15, 2010) (Linn, Friedman, and Dyk (concurring in result and dissenting in part)) Federal Circuit vacated district court’s

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