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KSR at the USPTO: sea change?

Over at The Fire of Genius, Joe Miller of Lewis & Clark Law School has compiled a list of cases citing KSR. As of today, there are 2 Federal Circuit decisions (blogged about here and here), 2 district court decisions [Update (6/2) there is now a third], and a whopping 31 Board of Patent Appeals […]

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Federal Circuit finds disclosure not public use because invention not actually “used”

In a decision today, the Federal Circuit reversed a district court's finding of invalidity of two patents based on the public use bar of 35 U.S.C. § 102(b). A product capable of embodying the claimed inventions was disclosed to several individuals, including potential investors, before the critical date of the patents. The court nevertheless found […]

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Federal Circuit addresses claim construction, on-sale and public use bars, and DJ jurisdiction

In a decision Friday, the Federal Circuit vacated in part a district court's claim construction of a several terms as well as its decision to find no infringement of patents owned by Honeywell. The court did, however, affirm the district court's retention of jurisdiction over the several withdrawn claims and the decision that Honeywell's pre-critical […]

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Fourth Circuit affirms refusal of copyright registration: insufficient creativity

The Fourth Circuit yesterday affirmed the denial of copyright registration to an individual who had adapted United States Census maps for use on his website. The only changes to the maps were the addition of colors, changing the typeface of the state abbreviations, and a change in layout for some of the state indications. The […]

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Australia’s High Court weighs in on obviousness

There is a good post over at the Patent Prospector about a decision by the High Court of Australia (the equivalent to the U.S. Supreme Court) regarding the issue of obviousness in patent law. One notable passage: as a basic premise, obviousness and inventiveness are antitheses and the question is always "is the step taken […]

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“Aspirina” descriptive of analgesic goods; denial of registration affirmed

In a decision today, the Federal Circuit affirmed a decision by the TTAB that the term "ASPIRINA" is descriptive of analgesics, and therefore not subject to trademark protection in the United States absent a showing of secondary meaning. While the evidence of record was conflicting as to whether ASPIRINA was descriptive, given the deferential standard […]

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Federal Circuit affirms damage award to Monsanto against farmer who saved seed

In the latest in a series of appeals to the Federal Circuit, the court affirmed a jury's award of damages to Monsanto for infringement of patents relating to glyphosate resistant plants. The defendant, a farmer, had saved seeds from his crops from one growing season to the next in violation of the terms of the […]

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Chief Judge Michel weighs in on two aspects of the Patent Reform Act of 2007

In a letter to Senators Patrick Leahy and Orrin Hatch, Chief Judge Paul Michel of the Federal Circuit expresses concern with two provisions of the Patent Reform Act of 2007 (H.R. 1908 and S. 1145). The letter, dated May 3 (two weeks after the bills were introduced), addresses what Chief Judge Michel perceives to be […]

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Ninth Circuit: have another look at those two moose – denial of preliminary injunction vacated

In a decision Tuesday, the Ninth Circuit vacated a district court's denial of a preliminary injunction to Abercrombie & Fitch over an alleged infringement of its "Moose" marks by Moose Creek, a competing clothing company. The Ninth Circuit found that the district court had misapplied several of the factors used in the Ninth Circuit to […]

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First Circuit: “M4” generic for certain carbine firearms, summary judgment affirmed

The First Circuit on Friday held that, in the context of certain carbine firearms, the term "M4" was generic, and therefore not subject to trademark protection. The court found that notwithstanding a registration on the principal register, the evidence presented was such that the only reasonable inference was that M4 was generic in the minds […]

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