UNIX Copyrights Owned by SCO, not Novell

In the late 1960's, AT&T developed a computer operating system known as UNIX. This operating system is now widely used in both servers and workstations, and is generally characterized by a less polished (and in many ways more powerful) user interface than typical consumer products (such as Microsoft's Windows or Apple's Mac OS). The product […]

Continue Reading →

Ninth Circuit Spanks Spoiled Brats

They may be trashy role models for impressionable young girls, but Bratz dolls are not copyright infringers. The Court of Appeals for the Ninth Circuit confirmed a lower court's finding that the maker of the popular Bratz dolls did not infringe the copyright or trade dress rights in a line of T-shirts called Spoiled Brats. […]

Continue Reading →

Clogging up the Federal Circuit

On December 17, 2009, the Court of Appeals for the Federal Circuit addressed in International Seaway Trading Corp. v. Walgreens Corp. whether the "ordinary observer" test from Egyptian Goddess likewise applies to anticipation of design patents. In Egyptian Goddess, the CAFC dropped the "point of novelty" test for design patent infringement and adopted the "ordinary […]

Continue Reading →

Specticles and Specifications

In April of last year, the Court of Appeals for the Federal Circuit added another layer to the ongoing case between Revolution Eyewear, Inc. ("Revolution") and Aspex Eyewear, Inc. ("Aspex"). The decision primarily concerned the circumstances surrounding the reissue of Aspex's initial patent: whether the reissue was supported by 35 U.S.C. § 112; whether the […]

Continue Reading →

Federal Circuit to consider en banc whether new evidence may be introduced in a section 145 action

In an order yesterday, the Federal Circuit has agreed to consider the scope of evidence to be considered in an action filed under 35 U.S.C. § 145 to obtain review of a decision of the Board of Patent Appeals and Interferences. The case is Hyatt v. Kappos. Specifically, the court ordered briefing on the following […]

Continue Reading →

Developments up to second-filed application relevant to show no double patenting

The Federal Circuit has clarified the relevant timeframe for purposes of determining whether two claimed inventions are patentably distinct or would result in impermissible double patenting. The court held "the relevant time frame for determining whether a product and process are 'patentably distinct' should be at the filing date of the secondary application." Here, the […]

Continue Reading →

If there are no sources of proof in the Eastern District of Texas, expect to be transferred

After the Fifth Circuit's Volkswagen and the Federal Circuit's TS Tech decisions, potential patent plaintiffs should be getting the message: Don't file in the Eastern District of Texas unless there are actually some sources of proof there. The Federal Circuit has again granted mandamus ordering the district court to transfer another case out of the […]

Continue Reading →

Are patent holding companies subject to different DJ jurisdiction standards than others?

According to the Federal Circuit, the answer to this question appears to be "yes." The court reversed a district court's dismissal of a declaratory judgment action against a patent holding company (or non-practicing entity (NPE), sometimes pejoratively referred to as a patent troll). The DJ action was predicated on three letters, the first from the […]

Continue Reading →

Common sense held sufficient to invalidate claims as obvious on summary judgment

If anyone needed further proof that patents are more easily held obvious after KSR, look no further. The Federal Circuit held that a patent directed to a method of email marketing with improved efficiency was obvious based on the "common sense" of one in the art. The claimed method had four steps, the fourth of […]

Continue Reading →

USPTO to allow accelerated examination for “green” applications without examination support document

In a press release yesterday, the USPTO announced it was beggining a pilot program to permit accelerated examination of patent applications directed to "green" technologies. The announcement came on the same day that the EPA announced it considers greenhouse gases a threat to public health and the environment. The announcements came just before the start […]

Continue Reading →

Stay in Touch

Receive the latest news and updates from us and our attorneys.

Sign Up