USPTO proposes tiered system for patent application examination speed In a press release today, the USPTO has proposed a tiered examination system where applicants could choose to pay a higher fee in exchange for quicker examination of an application or could opt for a delay of up to 30 months before docketing for examination. This is the latest in Director Kappos' attempts to control […] Continue Reading →
Supreme Court: NFL collective licensing of trademarks not immune from Section 1 antitrust scrutiny Monday the Supreme Court unanimously held the NFL's practice of collectively licensing the trademarks of all 32 individual teams is not immune from antitrust scrutiny under Section 1 of the Sherman Act. The NFL argued that because the marks are all licensed through a single entity, NFL Properties, there was no "contract, combination, . . […] Continue Reading →
Another issue headed for en banc review by the Federal Circuit: How to assess redesigned products In an order Friday, the Federal Circuit granted en banc review of its second case in the past three weeks and its third over the past three months. This time it's a case involving Tivo relating to the contempt proceedings against Echostar relating to Tivo's DVR patents. After Echostar was found to infringe Tivo's patent […] Continue Reading →
Federal Circuit to consider overhaul of inequitable conduct standards en banc In an order today, the Federal Circuit granted rehearing en banc in Therasense, Inc. v. Becton, Dickinson & Co. The order indicates the court will be reconsidering its precedent on virtually the entire gamut of issues relating to inequitable conduct. Specifically, the questions presented are: Should the materiality-intent-balancing framework for inequitable conduct be modified or […] Continue Reading →
En banc Federal Circuit reaffirms written description requirement is separate from enablement Monday the Federal Circuit released its en banc opinion in Ariad Pharmaceuticals, Inc. v. Eli Lily & Co., where the court addressed whether 35 U.S.C. § 112 has a written description requirement separate and apart from the enablement requirement. A substantial majority of the court (10 judges) joined in the majority opinion, with two judges […] Continue Reading →
False marking applies on a per article basis, not a per decision to mark basis In Forest Group v. Bon Tool Co., the Federal Circuit held that the false marking statute applies on a per article basis, rather than on a per decision to mark basis. The Federal Circuit reversed the district court, which had imposed a fine of $500 for a single decision to falsely mark a shipment of […] Continue Reading →
Patented method of traffic detection not infringed In an opinion released in July last year, the Court of Appeals for the Federal Circuit issued a ruling in the case of Wavetronix v. EIS Electronic Integrated Systems. This case involved a traffic monitoring system that had been patented by Wavetronix, and EIS had received summary judgment for noninfringement of the Wavetronix patent at […] Continue Reading →
Supreme Court: Registration requirement of 411(a) not jurisdictional for copyright claims Today the Supreme Court decided Reed Elsevier, Inc. v. Muchnick, a case regarding whether the registration requirement of 17 U.S.C. § 411(a) is jurisdictional or a claim processing rule. The Court held the requirement to be nonjurisdictional. The case involves a class action for copyright infringement by freelance journalists based on republication of works in […] Continue Reading →
Harmless Error at the Federal Circuit A recent decision by the Court of Appeals for the Federal Circuit addressed the issue of how much deference should be given to a decision by the Board of Patent Appeals and Interferences when the Board makes an error in ascertaining the teachings of references. The appeal concerns the status of U.S. Patent Application number […] Continue Reading →
More on Crocs at the CAFC Another decision regarding a number of patents relating to foam based footware, this time held by Crocs, Inc. ("Crocs") has been handed down from the Court of Appeals for the Federal Circuit ("CAFC"). In this appeal from the U.S. International Trade Commission ("USITC"), the court addressed obviousness of a utility patent and claim construction of […] Continue Reading →