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Federal Circuit Addresses On Sale Bar
December 18, 2006
Post by Blog Staff

In Plumtree Software, Inc. v. Datamize, LLC, the Federal Circuit Court of Appeals revisited the issue of determining when an invention is on sale within the meaning of 35 U.S.C. 102(b). A claimed invention is considered to be on sale under ? 102(b) if the invention is sold or offered for sale more than one year before the filing date of the patent application. If the applicant files a patent application after th....... Read More


UK considering peer review for patent system
December 15, 2006
Post by Blog Staff

After a review of Great Britain's intellectual property laws, the UK patent office is considering implementing a peer review procedure as part of its patent examining process. This was one of the recommendations of the Gowers Review of Intellectual Property, published on December 6. The idea is based in part on the Peer to Patent Project, described in a recent article by NYU law professor Beth Noveck in the Harv....... Read More


Speak Now or Forever Hold Your Peace - Failure to Raise Verdict Inconsistency Defeats Appeal
December 14, 2006
Post by Blog Staff

In L&W, Inc. v. Shertech, Inc. and Steven W. Sheridan ("Shertech"), the Court affirmed in part the decision of the US District Court for the Eastern District of Michigan holding claim 7 valid and claim 10 invalid of Shertech's '264 patent, and affirming the portion of the judgment holding that the '264 patent was not unenforceable due to inequitable conduct. At issue was a patent ("the '265 paten....... Read More


Holy trademark infringer, Batman!
December 14, 2006
Post by Blog Staff

The Russian Main Intelligence Directorate, commonly referred to as the GRU, appears to use a somewhat famous mark as part of its logo. The GRU's logo is shown below: Even Russian President Vladimir Putin appears to notice the distinctive logo at GRU headquarters: Of course, there are sovereign immunity issues that likely prevent DC Comics from actually being able to sue for trademark infringement, but ....... Read More


Federal Circuit considers intent required for inducing infringement en banc
December 14, 2006
Post by Blog Staff

The Federal Circuit resolved a perceived conflict in its case law regarding the necessary level of intent required for a defendant to be found liable for inducing infringement of a patent. The court considered one subsection of DSU Medical Corp. v. JMS Co. en banc to resolve the conflict. The court held that to prove the intent necessary for liability for inducing infringement, there must be "evide....... Read More


Google launches new patent search
December 14, 2006
Post by Blog Staff

Last night, search engine giant Google launched a new service, Google patent search. The search allows users to search all United States patents since 1790. It also provides links to each U.S. patent listed in the prior art statement as well as other patents that cite the patent in their own prior art statements. The advanced search function allows search terms to be limited by field, such as inventor, assignee....... Read More


Fort Des Moines Museum and Education Center Elects New Board President
December 13, 2006
Post by Blog Staff

The Fort Des Moines Museum and Education Center has a new president. Attorney and Iowa Army National Guard colonel, Janet E. Phipps Burkhead, was elected to the position at the Annual Meeting of the Museum and Education Center Board on December 12, 2006. The park and center were established to honor and recognize Fort Des Moines as the U.S. Army's first and only officer candidate class for African A....... Read More


Court Applied Four-Factor Test for Preliminary Injunction Relief
December 13, 2006
Post by Blog Staff

In Sanofi v. Apotex (Sanofi-Synthelabo, Sanofi-Synthelabo,Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership v. Apotex, Inc. and Apotex Corp.), the Court affirmed the decision granted by the US District Court for the Southern District of New York granting a preliminary injunction in favor of Sanofi. At issue was a patent ("the '265 patent") for an active ingredient "clopidog....... Read More


Nintendo hit with patent infringement lawsuit over "Wiimote"
December 12, 2006
Post by Blog Staff

Nintendo, makers of one of the hottest Christmas gifts this year, the Wii, is being sued for patent infringement. Interlink is suing the electronics giant over the "Wiimote," the common name for the Wii's controller. Below is the Wiimote and Figure 1 of Interlink's patent:Interlink's patent is directed toward a "trigger operated electronic device," and asserts that the Wiimote'....... Read More


Man upset over patent, kills three at Chicago law firm
December 10, 2006
Post by Blog Staff

On Friday, a gunman forced his way into the Chicago offices of intellectual property law firm Wood, Phillips, Katz, Clark & Mortimer. The gunman, Joe Jackson, killed three employees of the firm before being fatally wounded by Chicago police. Among those killed were two patent attorneys, Michael McKenna and Allen Hoover, and a mail clerk, Paul Goodson. The firm has issued a press release about the incident. ....... Read More


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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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