More continuation rules rumormongering: 2 continuations + 1 RCE? With the AIPLA 2007 spring meeting going on in Boston this week, there has been no shortage of rumors flying about the substance of the new continuation rules expected to be issued by the USPTO in July. According to multiple reports (all apparently originating with Hal Wegner), the substance of the rules is likely to […] Continue Reading →
Academy of Motion Picture Arts and Sciences sues Oscarwatch.com for trademark infringement The Academy of Motion Picture Arts and Sciences (AMPAS) has sued the operator of the website oscarwatch.com for trademark infringement based on the use of "Oscar" in the website's address. AMPAS holds several federal trademark registrations for "Oscar" for various goods and services, such as "telecasts in connection with recognition of distinguished achievement in the […] Continue Reading →
Roundup of media coverage of KSR and Microsoft Below is a sampling of various media reports regarding yesterday's two Supreme Court patent decisions, KSR Int'l Co. v. Teleflex, Inc. and Microsoft Corp. v. AT&T Corp.: "Court douses patent wildfire" (Chicago Tribune) "Ruling toughens patent process" (USA Today) "Patent protections tempered by Supreme Court rulings" (Los Angeles Times) "High court puts limits on patents" […] Continue Reading →
New rules on continuations: coming to a CFR near you this July? If the latest rumors are true, the USPTO may be giving inventors and patent prosecutors the newest summer blockbuster. According to Hal Wegner, on April 10, 2007, the USPTO submitted two rules to the Office of Management and Budget (OMB) for review, one related to continuation practice and "patentably indistinct claims," and another related to […] Continue Reading →
House subcommittee holds first hearings on Patent Reform Act of 2007 Yesterday a subcommittee of the House Judiciary Committee, the Subcommittee on Courts, the Internet and Intellectual Property, held the first hearings on the House version of the Patent Reform Act of 2007 (HR 1908). The witnesses were: Gary L. Griswold, President and Chief Counsel of Intellectual Property 3M Innovative Properties, St. Paul Minnesota (testimony on […] Continue Reading →
Compulsory patent licenses for AIDS drugs: the beginning of an international trend? The global concern over the spread of AIDS, particularly in developing countries, is prompting some countries to take action to make patented drugs more accessible to its citizens. Earlier this year, Thailand decided to "break," or require a compulsory license to, the patent for Efavirenz, marketed as Sustiva® and Stocrin®, patented by Merck (Orange Book […] Continue Reading →
Patent Reform Act of 2007 As noted yesterday, four members of Congress (Leahy and Hatch in the Senate, Berman and Smith in the House) announced introduction of new patent reform legislation yesterday. Also as predicted yesterday, it is similar in many respects to patent reform legislation introduced in 2005 and 2006, but with a few new twists. More details of […] Continue Reading →
Congress to introduce patent reform bills today In a press conference scheduled for 2:30 2:15 pm EDT this afternoon, Senators Patrick Leahy (D-VT) and Orrin Hatch (R-UT), with Representatives Howard Berman (D-CA) and Lamar Smith (R-TX), are expected to announce introduction of identical bills in both the House and Senate in an effort to reform the patent system. [Update (4/19): see this […] Continue Reading →
Patent Examiner groups air their grievances In an open letter to the heads of the United States, European, Canadian, German, and Austrian patent offices, an international coalition of patent examiner groups seeks changes in the demands on patent examiners, stating that the increase in productivity demands and the number of applications to be examined, combined with the increased complexity of applications […] Continue Reading →
Splenda leaves a bitter taste in competitors’ mouths The business may be all about sweetness, but the competition can be bitter. That's the story right now in the artificial sweetener business, with much of the action centered around sucralose, the sweetener in Splenda®. The sweetener is the subject of several currently pending cases. In the first, rival sweetener maker Merisant, maker of Equal® […] Continue Reading →