Search results - found 155
Light in the Alice tunnel: software claims found patentable (International reports)
In Enfish, LLC v Microsoft Corporation the US Court of Appeals for the Federal Circuit has provided much-needed guidance for the patent community in finding that software claims are patentable subject matter under Section 101 of the Patent Act. In reversing the district court, the Federal Circuit went against the flood of cases in which courts have invalidated patents based on the Supreme Court's 2014 Alice decision.
Independence is bliss? Congress revisits proposal for independent USPTO (International reports)
Although we are technically no closer now than we were 10 years ago to an independent US Patent and Trademark Office (USPTO), the House Budget Committee's inclusion of a certain line item in its budget earlier this autumn has been interpreted by many as reinvigorating the discussion on the USPTO’s role within the Department of Commerce.
Bose Corporation - “wilful intent to deceive” required to claim fraud (International reports)
The Court of Appeals for the Federal Circuit has ruled that “a trademark is obtained fraudulently under the Lanham Act only if the applicant or registrant knowingly makes a false material representation with intent to deceive" the Patent and Trademark Office.
Biosimilars: 180-day notice is mandatory (International reports)
The Federal Circuit recently held that a biosimilar product applicant must give notice to the reference product sponsor 180 days before commercially marketing its Food and Drug Administration (FDA)-licensed biosimilar. In a different case, it also approved the longstanding practice of 'same-day-continuation' filings in the United States.
ANDA defendant Mylan Pharmaceuticals seeks rehearing en banc (International reports)
In March 2016 a panel of the Federal Circuit Court of Appeals held that Mylan Pharmaceuticals' filing of two abbreviated new drug applications in Maryland subjected it to being sued in Delaware by two brand companies which alleged that the prospective drugs would infringe their patents. Mylan has now asked the full Federal Circuit to rehear the case en banc.
Public universities are immune from inter partes review, but are their patent co-owners? (International reports)
A panel of administrative patent judges recently found that inter partes review proceedings may continue in the absence of a patent owner should the patent be jointly owned by an entity not entitled to immunity. The decision is of particular interest to companies and public universities which actively engage in collaborative R&D projects.
Copyright protection for designs of useful articles (International reports)
The US Court of Appeals for the Sixth Circuit recently held that the graphic designs and features on cheerleading uniforms were protected. However, the scope of protection depends on the details of each case, as the copyrightable elements must be separable and capable of existing independently of the utilitarian aspects of the useful article in question.
Apple loses $120 million infringement verdict (International reports)
The Federal Circuit overturned a $120 million patent infringement verdict won by Apple in its smartphone war with Samsung. The court ruled that two of Apple's patents were invalid and found that Samsung had not infringed a third patent. To rub salt in the wound, the court affirmed a $158,400 award against Apple based on infringement of one of Samsung's patents.
In Re Bilski and its impact on business method patents (International reports)
The US Court of Appeals for the Federal Circuit has issued its decision in In Re Bilski. Although the decision is primarily directed to so-called “business method” patents and is therefore of particular significance to the financial services and online retailing communities, it has broader application to all process patents.
Waxman-Hatch litigation strategies for generic and brand companies (International reports)
The Waxman-Hatch Act offers opportunities to manufacturers of both brand and generic drugs in terms of market entry and exclusivity periods. A canny and fluid litigation strategy can help parties to take best advantage of the provisions available.
First final written decision in inter partes review (International reports)
In the first final written decision in an inter partes review, Administrative Patent Judges Lee, Thierney and Cocks ruled that all of the claims for which trial was instituted were unpatentable. The petition for inter partes review had requested review of all 20 claims of US Patent 6,778,074, but trial was instituted for only three claims.
Tribal sovereign immunity in patent cases questioned (International reports)
A new bill which would prevent tribes from asserting sovereign immunity in inter partes reviews could leave patent holders questioning whether this arrangement is a viable strategy to avoid invalidation.
Google Books project gets green light (International reports)
The Supreme Court has declined to hear an appeal in Authors Guild v Google, thus leaving in place a lower court ruling that Google did not infringe authors' copyrights in its project to create a searchable library of the world's books. The US Court of Appeals for the Second Circuit had held that Google's project was a protected 'fair use' of copyrighted works.
Supreme Court lowers bar for awarding enhanced damages for patent infringement (International reports)
The Supreme Court has ruled in favour of patent owners with a unanimous decision in Halo Electronics, Inc v Pulse Electronics, Inc. The court held that the Federal Circuit's strict test for awarding enhanced damages was inconsistent with the language of the Patent Act. Instead, the award of enhanced damages for patent infringement is at the discretion of the trial court.
PTAB invalidates third consecutive patent in post-grant review (International reports)
For the third time in as many post-grant reviews decided by the Patent Trial and Appeal Board (PTAB), the PTAB has declared a patent to be invalid based on the legal framework established in the 2014 Supreme Court decision in Alice Corporation Pty Ltd v CLS Bank International.
Motion for summary judgment denied on issue of fraud intent (International reports)
In DaimlerChrysler Corp v American Motors Corp the Trademark Trial and Appeal Board followed the recent decision of the US Court of Appeals for the Federal Circuit in In re Bose Corp and denied DaimlerChrysler's motion for summary judgment on the question of whether American Motors Corp had attained registration of its trademark by way of fraud on the USPTO.
Federal Circuit resolves challenges to USPTO patent prosecution rules (International reports)
In a majority decision the Federal Circuit has upheld the US Patent and Trademark Office's authority to limit effectively the number of continuations and to require applicants to conduct a prior art search if presenting more than a limited number of claims.
Bilski: "machine or transformation" not exclusive test for patentable processes (International reports)
In its long-awaited decision in Bilski v Kappos, the Supreme Court has held that the "machine or transformation" test is not the exclusive test for determining whether a claimed process is eligible for patenting under Section 101 of the patent statute. The opinion effectively overrules the Federal Circuit's earlier decision.
Federal Circuit distinguishes between tests for obviousness and patent-eligible subject matter (International reports)
Recently in Bascom the Federal Circuit held that the district court had improperly applied the two-step test for determining patent eligibility under Section 101 of the Patent Act established by the Supreme Court in Alice. The decision should reduce district courts' conflation of the separate tests for determining whether a patent claim is obvious and whether a claim is directed to patentable subject matter.
PTAB arbitrary in not allowing claim amendments (International reports)
The Federal Circuit recently vacated the Patent Trial and Appeal Board's (PTAB) denial of a patent owner's motion to amend the claims during an inter partes review proceeding. The PTAB's denial was based on the sole ground that the motion to amend and the supporting declaration offered no discussion of whether the new features added by proposed amendment were separately known in the art.
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