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European Council Adopts Conclusions on Enforceable European Patent and Unified European Patent Litigation System
The European Council, the decision-making body of the European Union [EU], adopted conclusions on its vision for unified European patents and patent courts as a “basis for continuing work.” The “European and EU Patents” court would have exclusive patent jurisdiction for European patents and EU patents, with local divisions taking infringement
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Federal Circuit Holds that Implied Assertions of Patent Rights are Sufficient to Give Rise to Declaratory Judgment Jurisdiction
Hewlett-Packard Co. v. Acceleron LLC, No. 2009-1283 (Fed. Cir. Dec. 4, 2009). Federal Circuit reversed district court and held that declaratory judgment jurisdiction was present. Upon viewing the facts objectively and in their totality, the Court found that Acceleron made implied assertions of its
Claims To Methods Of Managing Bulk E-Mail Distribution To Groups Of Targeted Consumers Obvious Based On “Common Sense”
Federal Circuit affirms grant of summary judgment by the U.S. District Court for the Southern District of Florida, agreeing that the asserted claims for an email distribution system were invalid as based on the application of “common sense.” Perfect Web Techs., Inc. v. InfoUSA, Inc., No. 2009-1105
Method for Enhancing Muscle Performance or Recovery Anticipated by Flex Magazine Advertisements
Iovate Health Sciences, Inc., v. Bio-Engineered Supplements & Nutrition, Inc., No. 2009-1018 (Fed. Cir. Nov. 19, 2009) Federal Circuit affirmed grant of summary judgment by the Eastern District of Texas holding that the patent-in-suit was invalid as anticipated under 35 U.S.C. § 102(b) for being
Federal Circuit Affirms that Mattress.com is Generic
In Re 1800Mattress.com IP, LLC, No. 2009-1188 (Fed. Cir. Nov. 6, 2009) Federal Circuit affirmed Trademark Trial and Appeal Board’s opinion that MATTRESS.COM is generic for “online retail store services in the field of mattresses, beds, and bedding” and is thus not entitled to registration. The
Federal Circuit Proposes Rule Changes
The Federal Circuit has proposed changes to some of its Rules, including: Rule 8. Stay or Injunction Pending Appeal Rule 12. Docketing the Appeal Rule 18. Stay Pending Review Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs Rule 25. Filing and Service Rule 26. Computing and Extending
USPTO Issues Notice of Change to Docketing of RCEs
On October 19, 2009, United States Patent and Trademark Office released a “Notice of Change to Docketing of Requests for Continued Examination.” According to this Notice, requests for continued examination (“RCEs”) filed on or after November 15, 2009 will be placed on the examiner’s “Special
Federal Circuit Grants Petition for Rehearing en banc
On October 13, the Federal Circuit ordered rehearing en banc in Princo Corp. et al. v. ITC, vacating the Court’s April 20, 2009 opinion. In its order granting rehearing, the Federal Circuit directed the parties to file new briefs “addressing primarily those issues originally decided
Improper Revival of Patent Could Be Inequitable Conduct
Improper revival of a patent that expired for non-payment of maintenance fees can be raised as inequitable conduct, but not as grounds for invalidity. In Abstrax,
