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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 Appeals and Interferences, at its Detroit, Michigan branch. This will be in addition to hiring many new patent examiners for the new USPTO location. The September 16, 2011, Leahy-Smith America
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ADAPTING TO PATENT REFORM
Patent “Reform” — the America Invents Act — which is being implemented over the next eighteen months, makes significant changes to America’s patent system that will require business to adapt their procedures for evaluating and protecting their innovations. Here are ten
USPTO PROPOSES AMENDING RULE 1.56 TO DEFINE MATERIALITY IN ACCORDANCE WITH THERASENSE
On July 21, 2011 the USPTO published a notice of proposed rulemaking to amend Rule 56 (37 CFR §1.56) to define materiality in accordance with the Federal Circuit’s en banc decision in as the Federal Circuit’s en banc decision in Therasense, Inc. v. Becton, Dickinson & Co., — F.3d. —
Launch of .XXX Domain Names – Blocking Registration of Trademarks as Domains
Summary: This September, the new .XXX registry will begin accepting registrations and protection against registrations, that is, requests to block registration of non-adult industry trademarks as domains (example: blocking registration of HDP.xxx). As with most extension launches, applications will be
Microsoft Corp. v. i4i Limited Partnership, U.S., No. 10-290 (June 9, 2011).
The Supreme Court unanimously upheld a clear and convincing standard for proving a patent invalid, whether or not the evidence had been considered by the patent examiner. Before the Patent Act of 1952, the Court required clear and convincing evidence of invalidity. Radio Corp. of America v. Radio Engineering
Stanford v. Roche Molecular Systems, Inc.
Stanford v. Roche Molecular Systems, Inc., 563 U.S. — (2011), the Supreme Court, in its second patent case in a week, held that the Bayh-Dole Act does not automatically vest title to federally-funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions.
Global-Tech Appliances, Inc. v. SEB SA – The Supreme Court Addresses Inducement of Patent Infringement
In Global-Tech Appliances, Inc. v. SEB SA, the Supreme Court held that inducement of infringement under 35 USC 271(B) requires knowledge that the induced acts constitute patent infringement. This means that the alleged inducer must know (1) that the patent exists and (2) that the induced acts constitute
Therasense’s Stringent Inequitable Conduct Test
Therasense, Inc. v. Becton, Dickinson and Co., Nos. 2008-1511, -1512, -1513, -1514, -1595 (Fed. Cir. May 25, 2011). Determined to end overuse of inequitable conduct charges, the en banc Therasense court tightened the doctrine, abolishing the “sliding scale” rule and requiring an accused infringer
Federal Circuit Overturns Precedential BPAI Opinion, Allows Reissue Only to Add Dependent Claims
In re Tanaka, 2010-1262 (Fed. Cir. Apr. 15, 2011). In a battle the court joins in footnotes, adopting its own dicta, and rejecting relevance of a Supreme Court decision from the nineteenth century to interpreting today’s reissue statute, a divided Federal Circuit panel reversed a precedential Board
Innovention Toys, LLC, V. MGA Entertainment, Inc.
Innovention Toys, LLC, V. MGA Entertainment, Inc., (2010-1290) (March 21, 2011)(affirming finding of infringement but vacating and remanding summary judgment of nonobviousness because of errors in finding prior art non-analogous and in setting the level of skill in the art too low) (Lourie, J.). The