More new USPTO rules on the way, this time for information disclosure statements and Markush claims The USPTO rulemaking machine just keeps chugging along. In today's Federal Register, there are new USPTO proposed rules regarding claims using "alternative language," such as Markush claims. Also, on July 27, the USPTO submitted new rules regarding information disclosure statements (IDSs) to the OMB for review. These rules look as though they adhere to the […] Continue Reading →
Judge sanctions Qualcomm for concealing over 200,000 pages of documents, providing false testimony It's been a rough week for Qualcomm. On Monday, the Bush administration let stand the ITC ruling barring import of mobile phones using certain Qualcomm chips unless a license fee is paid to Broadcom, a competing company who holds patents covering the power management technology used in the chips. Also Monday, a federal judge in […] Continue Reading →
$1.5 billion infringement verdict against Microsoft vacated A judge in the Southern District of California yesterday set aside a $1.5 billion infringement verdict against Microsoft in favor of Alcatel-Lucent (more detail on the facts of the case can be found in this post). The judgment was the largest ever in a patent infringement lawsuit, and has been used as an example (see […] Continue Reading →
Summary of proposed final KSR examining guidelines surfaces The Patent Prospector is reporting that the summary of the USPTO's post-KSR obviousness examination guidelines recently sent to OMB has apparently surfaced. Note that this summary is not confirmed, but it comes from a typically reliable source. Either click below or head over to the Patent Prospector to read the summary. Update (11:15): another source […] Continue Reading →
Revised TTAB rules published, some take effect August 31, others November 1 As noted last week, the revised TTAB rules were published in today's Federal Register. The final rules are somewhat different than those proposed last January. Some of the new rules include: Opposers/Petitioners will serve copies of the notice of opposition or cancellation petition on the opposing party directly, rather than having the TTAB send out […] Continue Reading →
KSR in litigation: Summary judgment of obviousness granted post-KSR after denial pre-KSR The Wall Street Journal today is reporting about a patent infringement case in the Northern District of California that is believed to be the first instance where a district court has changed its opinion regarding the validity of a patent as a result of KSR. The court found two principles from KSR to "guide" the […] Continue Reading →
USPTO proposes new BPAI rules to cope with upcoming increase in appeals In a Federal Register notice yesterday, the USPTO promulgated revised rules for practice before the Board of Patent Appeals and Interferences. The USPTO will accept comments on the proposed rules until September 28, 2007 via email, fax, or postal mail. Many of the proposed rules appear designed to advance the USPTO's current trend toward finding […] Continue Reading →
Revised TTAB rules coming soon The TTABlog reports that the revised TTAB rules initially proposed in a notice of proposed rulemaking on January 17, 2006 are likely to be published in the Federal Register in the next week. The summary of the rules as initially proposed is as follows: The United States Patent and Trademark Office (Office) proposes to amend […] Continue Reading →
UK rejects proposal for 20 year copyright extension for sound recordings Yesterday the UK Department for Culture, Media & Sport issued a report rejecting a suggestion to push for an extension of copyright term in the EU for sound recordings of 20 additional years, from 50 to 70 years. Citing the Gowers Review of the UK's intellectual property framework, the report notes: [The Gowers Review] concluded […] Continue Reading →
Senate Judiciary Committee passes Patent Reform Act of 2007 out of committee On Thursday, the Senate Judiciary Committee passed its version of the Patent Reform Act of 2007 (S. 1145, House version H.R. 1908) out of committee by a vote of 13-5. The bill is cosponsored by the chairman of that committee, Senator Patrick Leahy, who issued a press release regarding the passage. As with the House […] Continue Reading →