Featured Story

Bilski’s Claims Unpatentable Abstract Ideas; Machine-or-Transformation a Useful, Not Exclusive Test for Patentable Subject Matter

Bilski’s Claims Unpatentable Abstract Ideas; Machine-or-Transformation a Useful, Not Exclusive Test for Patentable Subject Matter

By Anna M. Budde • on June 30, 2010

Bilski v. Kappos, No. 08-964 (S. Ct. June 28, 2010). On June 28, 2010, the Supreme Court issued its long-awaited (oral arguments were November 9, 2009) decision in Bilski v. Kappos. The Court affirmed the rejection of Mr. Bilski’s claims, which were directed to methods of hedging against a risk of price changes for a commodity, as an unpatentable

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Bilski

Bilski loses, but business methods live to fight another day

Bilski loses, but business methods live to fight another day

By Gregory A. Stobbs • on June 30, 2010

On June 28, 2010, the Supreme Court handed down its ruling in the long-awaited Bilski v Kappos case. The outcome? Bernard Bilski will not be receiving

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Featured

Another Case (Surprisingly) of First Impression for the Federal Circuit

Another Case (Surprisingly) of First Impression for the Federal Circuit

By HDP • on June 21, 2010

Hot on the heels of January’s Boehringer Ingelheim Int’l GmbH v. Barr Labs., Inc., 592 F.3d 1340 (Fed. Cir. 2010) decision on divisional practice,

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HD Signals

“First Sale” Doctrine Does Not Apply When There Is a Likelihood of Post-Purchase Confusion

“First Sale” Doctrine Does Not Apply When There Is a Likelihood of Post-Purchase Confusion

By HDP • on May 11, 2010

On appeal from the District of Arizona, the Ninth Circuit affirmed the lower court’s grant of summary judgment to trademark-owner Volkswagen of America

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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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Licensing

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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Music Industry

Under Pressure: Jay-Z Sues Bo-Sox’ Big Papi For Trademark Infringement

Under Pressure: Jay-Z Sues Bo-Sox’ Big Papi For Trademark Infringement

By David McClaughry • on April 22, 2010

The music industry has butt heads with the sports world again.  See,

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Patent Prosecution

Meeting Ariad’s Written Description Requirement

Meeting Ariad’s Written Description Requirement

By HDP • on April 22, 2010

Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company,

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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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Intellectual Property Law Topics

Musical Instrument Patent Of The Week

Week of March 8, 2010 United States Patent No: 7,674,969                Issue

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Musical Instrument Patent of the Week

Week of March 1, 2010 United States Patent No: 7,671,268  Issue Date: March 2, 2010  Title: Internally mounted self-contained amplifier and speaker system for acoustic guitar Inventor: Laurie Victor

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Best Mode for Producing Lysine Included Undisclosed Features

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

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

JMOL on validity reversed because judge misunderstood when art is analogous; claim constructions using dictionary and prosecution argument upheld. A JMOL on validity of the dependent claims to cure an

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Patents Obvious Over Same Prior Art Raised During Ex Parte Reexamination

Dissent finds a bias against protecting an invention that “does not advance rocket science or cancer medicine.” A divided Federal Circuit panel affirmed summary judgment that claims in Media Tech’s

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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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