Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the US Patent and Trademark Office (PTO) extended the time for small and micro entities to make certain fee payments until September 30, 2020. Also...more
The US Court of Appeals for the Federal Circuit vacated a summary judgment finding an asserted patent invalid for lack of enablement while affirming the holding of non-infringement. McRO, Inc. v. Bandai Namco Games America...more
The United States Patent and Trademark Office (USPTO) proposed changes to the rules of practice for instituting review on all challenged claims or none in inter partes review (IPR), post-grant review (PGR) and the...more
The US Patent and Trademark Office (USPTO) issued a Notice clarifying its practice as to situations that will require additional information about whether a delay in seeking the revival of an abandoned application, acceptance...more
On October 18, 2019, in view of comments received, the US Patent and Trademark Office (PTO) issued an update to the 2019 Patent Eligibility Guidance (PEG), which became effective January 2019. The update is similar to the...more
On March 15, 2019, The US Patent and Trademark Office (PTO) provided notice of a pilot program for motion to amend (MTA) practice and procedures in trial proceedings under the America Invents Act (AIA) before the Patent Trial...more
4/5/2019
/ America Invents Act ,
Covered Business Method Proceedings ,
Federal Pilot Programs ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Public Comment ,
Regulatory Requirements ,
USPTO
In view of recent US Court of Appeals for the Federal Circuit decisions, the US Patent and Trademark Office (PTO) issued two new guidelines: revised 2019 Patent Subject Matter Eligibility Guidance, and Examining...more
The US Patent and Trademark Office (PTO) proposed changing the standard for claim construction in America Invents Act post-grant proceedings from the broadest reasonable interpretation (BRI) to the Phillips v. AWH Corp....more
The US Patent and Trademark Office (PTO) issued a memorandum to patent examiners clarifying the written description requirement of 35 USC § 112(a) for claims drawn to antibodies. The memorandum was spurred by the US Court of...more
The US Patent and Trademark Office (PTO) issued a new rule on attorney-client privilege for trials before the Patent Trial and Appeal Board (PTAB) on November 7, 2017. The new rule takes effect December 7, 2017. The new rule...more
In a memorandum to patent examiners dated November 2, 2016, the US Patent and Trademark Office (PTO) addressed recent subject matter eligibility decisions. The memorandum was spurred by two precedential US Court of Appeals...more
The US Patent and Trademark Office (PTO) has extended the After Final Consideration Pilot 2.0 (AFCP 2.0) and the Quick Path Information Disclosure Statement (QPIDS) pilot programs until September 30, 2017. ...more
The U.S. Patent and Trademark Office (USPTO) can release confidential information about pending patent applications under special circumstances the U.S. Court of Appeals for the Federal Circuit decided. Hyatt v. Lee, Case No....more
On July 30, 2015, the U.S. Patent and Trademark Office (USPTO) released an update to the 2014 Interim Guidance on Patent Subject Matter Eligibility (the interim guidelines) (See IP Update, Vol. 17, No. 12.) The update is...more
On June 15, 2015, the U.S. Patent and Trademark Office (USPTO) announced it was starting an Expedited Patent Appeal Pilot Program effective June 19, 2015. Under the Expedited Patent Appeal Pilot, an appellant can file a...more
On January 27, 2015, the U.S. Patent & Trademark Office (USPTO) released examples to supplement the 2014 Interim Guidance on Patent Subject Matter Eligibility (the interim guidelines), which were released in December 2014. ...more
On May 15, 2014, the U.S. Patent and Trademark Office (USPTO) issued final rules revising the way patent term extensions are calculated for patents granted on or after January 14, 2013. In accordance with § 1(h) of the AIA...more
On March 27, 2014, the United States Patent and Trademark Office (USPTO) introduced the Glossary Pilot Program, which is intended to study how the inclusion of a glossary section in a patent specification at the time of...more
On March 4, 2014, the U.S. Patent and Trademark Office (USPTO) released examination guidelines titled Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, &...more
Appellate Decision Sets Stage for Next Skirmish In The Apple vs. Samsung Smart Phone Wars -
A unanimous panel of the U.S. Court of Appeals for the Federal Circuit has concluded that the district court was within its...more
Patents / Patent Eligible Subject Matter -
Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter --
AMP et al. v. Myriad Genetics, Inc.:
In a 9–0 decision the Supreme...more
6/27/2013
/ Abuse of Discretion ,
AMP v Myriad ,
Burden of Proof ,
Copyright ,
Damages ,
DNA ,
False Advertising ,
First Amendment ,
Human Genes ,
Infringement ,
Lanham Act ,
Myriad ,
Oprah Winfrey ,
Patent Terms ,
Patent-Eligible Subject Matter ,
Patents ,
Permanent Injunctions ,
SCOTUS ,
Time Warner ,
Trade Secrets ,
Trademarks ,
USPTO ,
Willful Infringement
Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship -
Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more
4/30/2013
/ Affidavits ,
Claim Construction ,
Copyright ,
Copyright Infringement ,
Discovery ,
DMCA ,
Infringement ,
Patents ,
Prior Art ,
Safe Harbors ,
Trademarks ,
USPTO
In This Issue:
Patents -
Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the...more
2/28/2013
/ Adverse Inference Instructions ,
America Invents Act ,
Assignor Estoppel ,
Attorney Malpractice ,
Commercial Bankruptcy ,
Covenant Not to Sue ,
Design Patent ,
Destruction of Evidence ,
Direct Infringement ,
First-to-File ,
Gunn v Minton ,
Infringement ,
Jurisdiction ,
Mattel ,
MGA Entertainment ,
Misappropriation ,
Obviousness ,
Patent Reform ,
Patents ,
SCOTUS ,
Trade Secrets ,
Trademarks
IN THIS ISSUE:
Patents -
Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities; Permanent Injunctions on the Rise?; Sanctioned Parties in Exceptional Cases Continue to Get Fresh...more