In light of the recent trend in patent cases towards
permitting discovery of patent licenses granted as part of settlement
agreements ("settlement licenses") on the grounds that such licenses
are pertinent to a reasonable royalty award for the...
By Craig P. Opperman
In mid-April, the media was full of reports about AOL's US$1.056 billion patent sale to Microsoft. The following week brought news that Microsoft had flipped 650 of those properties to Facebook. Next came news that Intel spent...
By Mary Anthony Merchant, Ph.D.
The race to the Patent Office begins March 16, 2013, when the new first-to-file patent system takes effect. Start your engines, or at least think about the consequences of this system for current and future patent...
By Peter B. Rutledge *
* Professor of Law, University of Georgia School of Law.
Excerpt from Trips and Bits: An Essay on Compulsory
Licenses, Expropriation, and International Arbitration , 13 N.C. J.L. &
Tech. On. 149 (June, 2012)
In the early...
For patent seekers and patent attorneys alike, March 16, 2013 will be a momentous date. On that day, the U.S. transitions from its current "first-to-invent" system to a "first-inventor-to-file" (FITF) system. Although the FITF system...
By Thomas Carey and Nancy C. Wilker, Ph.D.
As part of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), a signatory country can allow someone to produce a patented product or process without the patent owner's consent...
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Patentable Subject Matter Challenge Advanced in Patent Reexamination
This past March, as most in the patent community are well aware, the Supreme Court recalibrated 35 U.S.C. § 101 in Mayo Collaborative Services v. Prometheus . The decision held...
REEDFAX delivers high-quality copies of original US, EP, and
WO patent documents; file history/wrappers; U.S. and Canadian trademark images
and registrations; instant machine translations of Japanese, Russian, Korean,
German, and Chinese patents; prior...
By Nisha Patel*
The U.S. Court of Appeals for the Federal Circuit decided Medtronic v. Boston Scientific [ enhanced version available to lexis.com subscribers ] - a decision having a potentially significant effect on the patent licensing landscape...
On August 13, 2012, the U.S. Federal Trade Commission (FTC) announced it is seeking public comment to proposed changes to the premerger notification rules under the Hart Scott Rodino Act (HSR) relating to acquisitions of exclusive patent rights in the...
On July 10, 2012, the United States Court of Appeals for the Second Circuit held in Rates Technology Inc. v. Speakeasy, Inc. that covenants prohibiting challenges to a patent's validity, along with liquidated damages provisions, are unenforceable...
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The last day of the sessions at the 2012 Annual Meeting of the Patent Information Users Group (PIUG) featured great overviews of developments in competitive intelligence. Parthiban Srinivasan, the founder of Parthys Reverse Informatics, explained the...
A few years ago, during the height of the green patent
fast track craze, I wrote a post on clean tech companies generating PR about
their patent applications being accepted into an accelerated examination
program or being granted by such a program...
[originally posted 3/27/2012]
In Mayo Collaborative
Servs.v. Prometheus Labs., Inc ., 2012 U.S. LEXIS 2316 (U.S. 2012) [ enhanced version available to lexis.com subscribers ],
the Court addressed the question of whether a claim that includes a law of...
Low Demand To Date for Specialized PTAB
The new post grant patentability trials of the America
Invents Act (AIA) are designed to serve as alternatives to costly patent
litigation. One of the new post grant options is the very specialized...
by Courtenay C. Brinckerhoff
As I wrote previously, Congressman Goodlatte (R-Va.)
released "a discussion
draft " of patent reform legislation on May 23, 2013. Although the stated
purpose of the draft legislation is to "address the...
by Alex Chan
On April 1, 2013, the U.S. Patent and Trademark Office
(USPTO) published interim final rules revising several patent term adjustment
(PTA) provisions in view of the AIA Technical Corrections Act of January 14,
2013. 78 Fed. Reg. 19416...
Competing Bills Target Patent Troll Business Model
Congress has gotten the patent troll memo in a big way.
The political stage is being set for a summer of legislative festivities. Like
any good summer festival, Congress is separately establishing...
Final USPTO Initiative Retooled
Some pre-grant news of note this week. Last Friday the
USPTO announced the After Final Consideration Pilot Program 2.0 (Federal
Register Notice here ).
The revised pilot program modifies the initial concept...
On March 16, 2013, the final provisions of the America Invents Act (AIA) will go into effect. Under these provisions, the U.S. patent system is changing from a "first-to-invent" system to a "first-to-file" system. Accordingly, the...
As previously reported, on February 20, 2013, in Gunn v.
the U.S. Supreme Court issued a unanimous decision concerning whether there is
federal subject matter jurisdiction over an attorney malpractice claim
involving attorney conduct in a...
Failure to Consider AIA Patentability
Challenges May Be Costly Mistake for Law Firms
The face of patent litigation in the U.S. was forever
changed on September 16, 2012. This was the date the post grant
patentability trials of the America Invent's...
for Rehearing May Backfire on Patentees
As detailed earlier this week, a patentee's decision to
file a preliminary response in an IPR/CBM preliminary proceeding is not
as straightforward as one would expect . Where such a preliminary...