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USPTO to partner with National Inventors Hall of Fame and Ad Council to promote innovation in youths

Today the USPTO scheduled a press conference for Tuesday, April 10, to discuss details of a new public service advertising campaign to "engage a new generation of children to make innovation, invention and technological development an integral part of their lives." The USPTO will be partnering with the National Inventors Hall of Fame Foundation, operators […]

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Reebok files patent infringement against Nike over collapsible shoes

Earlier this week, #2 shoe manufacturer Reebok sued #1 shoe manufacturer Nike for patent infringement. The patent at issue, number 7,168,190, just issued in the end of January, and relates to collapsable shoe technology. The idea is that the shoe design allows it to be rolled or folded for easier packing into, for example a […]

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Certificate of correction invalid, infringement case continues with original claims

The Federal Circuit yesterday voided a certificate of correction which had been issued changing the scope of a patent's claims. Because the error corrected broadened the claims and was not the type of error that was "immediately apparent and leave no doubt as to what the mistake is," the certificate of correction was inappropriate. As […]

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Another post-MedImmune declaratory judgment jurisdiction decision

The Federal Circuit addressed the requirements for declaratory judgment jurisdiction in a published decision for the second time this week. This time the parties are pharmaceutical companies, but the result is the same: the lower court, applying the old "reasonable apprehension of suit" standard, found no jurisdiction, the Federal Circuit, applying a post-MedImmune standard reverses, […]

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Patent Term Extensions: A Leap Frog of Sorts to Set Expiration Date

In a case before the Federal Circuit, the court affirmed the district court's decision that a patent term extension under the Hatch-Waxman Act, 35 U.S.C. § 156, may be applied to a patent subject to a terminal disclaimer under 35 U.S.C. § 253. The Federal Circuit found that the language of § 156 is unambiguous […]

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Second Circuit rejects famous marks doctrine

In a recent decision, the Second Circuit held that a trademark holder who has abandoned use of its mark in the United States cannot prevent others from using the mark because the mark is famous in the United States based on use in a foreign country. This concept is referred to as the "famous marks […]

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Trademark infringement helping the needy?

In November, 2006, approximately $200,000 worth of action figures were detained at the United States-Canada border by US Customs and Border Protection. They were stopped under the authority granted to the US Customs and Border Protection office, to prevent importation of goods that violate another company’s trademark or copyright rights. In order to take advantage […]

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Federal Circuit considers DJ jurisdiction post-MedImmune: Is an offer of license now enough?

In a very interesting opinion, the Federal Circuit today addressed what is required to support jurisdiction for a declaratory judgment by a party under threat of a possible patent infringement lawsuit. This is the first substantive discussion of the issue since the Supreme Court's decision in MedImmune, where the Court held that a patent licensee […]

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USPTO releases strategic plan for 2007-2012

Today the USPTO released its strategic plan for the next five years, 2007-2012. The summary is available here, and the full plan here. Some thoughts on the strategic plan after the jump.After a quick read-through, much of the strategic plan appears to be a “let’s keep doing what we’re doing right and stop doing what […]

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Wall Street Journal on Viacom v. YouTube

Walter Mossberg of the Wall Street Journal has a column discussing the Viacom v. YouTube case (previously blogged about here). Mr. Mossberg thinks the problem is not confined to the particular dispute between Viacom and YouTube/Google, but rather is indicative of a need for greater guidance in copyright law from Congress. The Digital Millennium Copyright […]

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