Final Rules for Third Party Submissions
On July 17, 2012, the USPTO published final rules for submitting prior art relevant to a pending patent application. Under 37
Featured Story
ARZERRA better way to respond?
Prosecution history estoppel in light of Biogen v. GlaxoSmithKline On April 16, 2013, the Federal Circuit affirmed a grant of summary judgment to GlaxoSmithKline (GSK) in a dispute with Biogen Idec over GSK’s Arzerra® treatment for chronic lymphocytic leukemia (CLL). The case’s holding, regarding prosecution history estoppel,
Patent Prosecution
Fed. Cir. Rejects Design Patent Application
On March 26, 2013, the Federal Circuit denied the attempts of a mouthwash bottle designer to claim only certain portions of a Crest mouthwash bottle in
Antarctica Patent Office Celebrates Opening
Delegates met today on Ross Island, Antarctica, to officially celebrate the opening of the Antarctica Patent Office. Facing ever increasing fees and ever
HD Signals
Harness Dickey Stronger with Additional USPTO Location
The United States Patent and Trademark Office (USPTO) recently announced that it intends to place six administrative patent judges with the Board of Patent
ADAPTING TO PATENT REFORM
Patent “Reform” — the America Invents Act — which is being implemented over the next eighteen months, makes significant changes
Trademarks
USPTO Issues 239346 Trademark Registrations on 2011
The USPTO issued 239346 trademark registrations in 2011. The most active trademark classes are Class 9 – scientific and electronic apparatus (24,590);
TTAB: Prompt Filing of Supplemental Response Cures Procedural Deficiency in Expert Disclosures
TTAB: Prompt Filing of Supplemental Response Cures Procedural Deficiency in Expert Disclosures The Trademark Trial and Appeal Board (“Board”) held
Music Industry
Musical Instrument Patent Of The Week – Week 19 of 2013
United States Patent No: D681,716 Issue Date: May 7, 2013 Title:
Under Pressure: Jay-Z Sues Bo-Sox’ Big Papi For Trademark Infringement
The music industry has butt heads with the sports world again. See,
Licensing
PROTECTING INTELLECTUAL PROPERTY IN SUPPLIER DRAWINGS AND SPECIFICATION SUBMISSIONS: “BLACK-BOXING”
Automotive OEMs are highly reluctant, or frequently flatly refuse, to accept drawings or other technical information from component suppliers
Perfecting Security Interests in Intellectual Property Is Not a Perfect Process
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
ITC
ITC: First Five Things to Do when You’ve Been Sued
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
Litigation
Incorporation by reference does not expand claim scope
In those heady days of yesteryear, when the patent filing fee was $35 and prior art was printed on crumbling paper, patent attorneys relished the word
TiVo Inc. v. Echostar Corp.
En banc Federal Circuit Modifies Standard on Findings of Contempt Regarding Permanent Injunctions; $90 million sanctions ruling against EchoStar survives
More Great Intellectual Property Law Topics
USPTO Issues Nearly A Quarter Million Patents in 2011
The USPTO issued a total of 247741 patents in 2011, more than any previous year. Of these, 224519 were utility patents. It is interesting to note that of these utility patents, 1693 were also filed in
USPTO Issues 21356 Design Patents in 2011
The USPTO issued 21256 design patents in 2011, which is down slightly from 2010 (22799) continuing the downward trend since 2008 when issuances peaked at 25,565. The vast majority of design patents issue
CyberSource v. Retail Decisions, Inc.
In CyberSource v. Retail Decisions, Inc., No. 2009-1358 (August 16, 2011), the Federal Circuit held that an Internet-related method claim and a “computer readable medium” claim both fail to recite