is invited to comment on the interim guidance
Washington - The United States Patent and
Trademark Office (USPTO) has prepared further interim guidance for the
patent examining corps to use when determining subject matter eligibility under
Threat of Injunction Dissolves in Flexiteek Litigation
The initiation of patent
reexamination for patents subject to concurrent litigation can
provide strategic benefits independent of the ultimate outcome of the
reexamination. These litigation...
One of the threshold questions in
considering patent reexamination, whether a patent owner, or third party is:
How long will it take?
This question is also the subject
of significant debate when litigants in a concurrent district court proceeding...
by Martín Bensadon and Ivan A. Poli
The Argentine Patent
Office (INPI) issued today Regulation No. 147/2010 restricting the ability of
applicants to file divisional applications once the substantive examination has
CAFC to Decide Prosecution Laches in
Earlier this year we
discussed the Ex Parte Tanaka decision of the Board of Patent
Appeals & Interferences (BPAI) with respect to "bullet claims" in
patent reissue, now before the...
Last Friday, the BPAI issued a
all rejections in the ex parte reexamination appeal of U.S. Patent
6,513,042 . The patent is owned by Test.com and is directed to methods
of on-line testing of students (test-takers). The patent was...
During an interview with ABC news
this past Sunday, "This Week" Senior White House Advisor David Axelrod fielded
questions on the administration's plan for economic growth. With the
deficit growing, and the Obama White House being assailed...
In the world of pharmaceuticals,
every day counts. Indeed, when the subject matter is a block-buster drug
like Bristol-Myers/Sanofi's anti-blood clot drug Plavix® every day of U.S. sales
averages nearly $15.5 million dollars (reported U.S....
As we detailed previously, the NTP patent
portfolio has been eviscerated in patent reexamination with over 2200
claims rejected across 8 patents. All 8 patents are now on appeal to the
CAFC, based on my reading of the rejections, it appears unlikely...
The USPTO has recently upheld
Genetic Technologies Ltd.'s (GTG's) patent for non-coding DNA
technologies. U.S. Patent No. 5,612,179 titled "Intron sequence
analysis method for detection of adjacent locus alleles as haplotypes" claims...
In patent application
prosecution, patent owners may file an RCE or continuation to
continue prosecution as a matter of right under 37 CFR 1.53 (b) or
1.53(d) or 37 CFR 1.114 . However, these mechanisms are not available
in patent reexamination. ...
lesson to patent owners is this: After you threaten a potential infringer with
enforcement of your patent, be prepared either to keep the conversation going
or to assert the patent in litigation. Silence can be dangerous after the
Circuit now holds that marking a patent number on a product, while knowing the
patent does not cover the product, is a violation of the false marking statute,
unless the accused party can prove that it had a good faith belief that its
seek patent protection for their ideas, while ardently hoping that they will
not be forced to sue to enforce their rights. Most patentees prefer to spend
their time and money on continued efforts to innovate and run their businesses...
appeal to the Supreme Court has filled inventors and innovators with more dread
than Bilski v. Kappos .
Before the court was nothing less than the question of what can and cannot be
feared a sweeping decision that would wipe...
Last week, the Delaware District
Court stayed the litigation proceedings in Enhanced Security
Research, LLC, et al. v. Cisco Systems, Inc., et al. , C. A. No.
09-571-JJF, (June 25, 2010) at the defendant's request in view of two ongoing
With patent reform seemingly on
the back burner yet again, Senator Leahy stands on the In re Bilski soap box to
rally supporters Monday, noting:
In Bilski v. Kappos [ 2010 U.S. LEXIS
5521 (U.S. June 28,
2010) ] , the
Court unanimously affirmed the...
COMMENTS FROM IP ATTORNEY PAUL CRAANE http://www.marshallip.com/professionals/19/paul-c-craane
In the wake of Bilski [ Bilski v. Kappos , 2010 U.S. LEXIS
5521 (U.S. June 28,
2010) ], the United States
Patent and Trademark Office has provided unclear...
DOES THE ORIGINAL
PROSECUTION HISTORY FACTOR INTO A BROADEST REASONABLE
It is well established that a
broadest reasonable interpretation (BRI) claim analysis is applied in
both the prosecution of patent applications...
Clarifies Scope of
Patent-Eligible Subject Matter
On June 28, 2010 [ Bilski v. Kappos , 2010 U.S. LEXIS 5521 (U.S. June 28,
the Supreme Court of the United States issued its much anticipated decision on
patent-eligible subject matter under...
WASHINGTON, D.C. - (Mealey's) In a long-anticipated
ruling, the U.S. Supreme Court on June 28, 2010 agreed with the Federal Circuit
U.S. Court of Appeals that a method for hedging consumption risk costs is not
patent-eligible and is instead an...
Last Friday we explained the case
of Ex parte Yasukochi et al , in which the
Patentee argued that a rejection applied in reexamination was considered
during original prosecution, and thus, could not constitute an SNQ. (The
rejection at issue did not...
requested ex parte reexamination of only claims 1, 3 and 6 of its own
U.S. Patent No. 7,034,083 (the "'083 Patent") based upon certain prior
art. However, the USPTO ordered reexamination on all claims (i.e.,...
In our February series on the use
of reexamination evidence in concurrent litigation, specifically " Is
Evidence of a Concurrent Reexamination Admissible in Litigation? (Part III of
IV), " we observed that some courts are, at best, ambivalent...
When evaluating a request to stay litigation pending reexamination ,
district courts generally consider three factors: (1) whether a stay would
unduly prejudice or present a clear tactical disadvantage to the non-moving
party; (2) whether a stay will...