200 companies express further concerns over Patent Reform Act of 2007

The hits just keep on coming for the Patent Reform Act of 2007 (H.R. 1908 and S. 1145). Over the past two weeks, Chief Judge Paul Michel of the Federal Circuit sent two letters criticizing portions of the Act. Before that, a group of Senators noted their concerns with the Act. Just after the Act […]

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Post-KSR: Expert testimony enough for infringer to avoid summary judgment of no invalidity?

In a nonprecedential ruling yesterday, the Federal Circuit reversed a district court's grant of summary judgment of no obviousness. The twist was that the only evidence in the record cited by the court as demonstrating a genuine issue of material fact was the testimony of the defendant's expert witness that there would have been a […]

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Peer to Patent “community” patent review officially launches

The Peer to Patent project (previously blogged about June 7, March 5, and February 28) is now up and running for its one year trial period. As noted previously, only computer-related applications are eligible for this pilot program. Thus far, there are five applications in the system: User selectable management alert format (assigned to Hewlett […]

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Means-plus-function claim must recite some structure, “known equipment” not enough

In a decision today, the Federal Circuit affirmed a district court's finding of invalidity of a several claims of a patent for indefiniteness under 35 U.S.C. § 112, ¶ 2. The patent specification did not describe a corresponding structure for the claim limitation "control means" as required by 35 U.S.C. § 112, ¶ 6, but […]

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Chief Judge Michel offers additional thoughts on the Patent Reform Act of 2007

Back when the Patent Reform Act of 2007 (H.R. 1908 and S. 1145) was first introduced, Chief Judge Paul Michel of the Federal Circuit wrote a letter to Senators Patrick Leahy and Orrin Hatch (the Senate sponsors of the Patent Reform Act of 2007) discussing the practical implications of certain provisions of the bill on […]

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Sixth Circuit: Damages for copyright infringement available even if copies not actually used

The Sixth Circuit issued a ruling that, by largely following the Second Circuit, clarifies the calculation of damages for copyright infringement under 17 U.S.C. § 504(b) and 17 U.S.C. § 505 for infringing copies of software. Specifically, the court decided that unused infringing copies should still be included in actual damages, the use of the […]

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Federal Circuit: no jurisdiction over contempt appeal, but dissolution of injunction affirmed

In a decision Wednesday, the Federal Circuit dismissed an appeal of a contempt order for lack of jurisdiction and ruled that the district court did not abuse its discretion in dissolving a preliminary injunction. The defendant was found in contempt of a preliminary injunction, but also found two new pieces of prior art that made […]

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Digital compilation of magazine archives a privileged “revision” of a collective work

In a decision today, the Eleventh Circuit held that the National Geographic Society, by its publication of "The Complete National Geographic," had not infringed the copyrights of a photographer whose photos appear in the various individual issues of National Geographic. The court held that the change from print to digital media was a "revision" as […]

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Senators express concern over Patent Reform Act of 2007

In a letter to the Chairman and Ranking Member of the Senate Judiciary Committee (which held hearings on the Patent Reform Act of 2007 last week), several Republican members of the committee expressed reservations about the current version of the bill. The contingent, made up of Senators Sam Brownback (R-KS), Tom Coburn (R-OK), Chuck Grassley […]

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Senate hearings on the Patent Reform Act of 2007

As noted previously, the Senate yesterday held hearings on the Patent Reform Act of 2007 (S. 1145). The witnesses were: Jon W. Dudas, Undersecretary of Commerce for Intellectual Property and Director of the USPTO Bruce G. Bernstein, chief intellectual property and licensing officer, InterDigital Communications Corp. Mary Doyle, Senior Vice President, General Counsel, and Secretary, […]

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