Filewrapper

Another lawsuit filed to stop implementation of new USPTO rules, this time by a heavy hitter

Pharmaceutical giant GlaxoSmithKline filed a lawsuit in the Eastern District of Virginia seeking to stop implementation of the new continuation and claim limit rules. The lawsuit, filed Tuesday, seeks a preliminary and permanent injunction against the rules' implementation. The complaint has eight counts: The Rules are ultra vires because the USPTO does not have the […]

Continue Reading →

USPTO gives applicants a bit of a break during transition to new continuation and claim limit rules

In an announcement yesterday, the USPTO clarified some aspects of the new continuation and claim limit rules. Of particular note are the following: For applications filed before November 1, 2007, applicants need not identify all applications and patents having a common inventor, common assignee, and a priority date within two months. Applicants will still have […]

Continue Reading →

Are the new continuation and claim limit rules the “cure all” for the USPTO?

It looks like the USPTO is hoping that the new rules limiting the number of claims and continuation applications will solve its problems in other areas, particularly examiner retention. Last week, the Government Accountability Office (GAO) issued a report entitled "U.S. Patent and Trademark Office: Hiring Efforts Are Not Sufficient to Reduce the Patent Application […]

Continue Reading →

More examination outsourcing by the USPTO?

According to a news release published today, the USPTO is exploring the feasability of having the Swedish Patent and Registration Office (PRV) perform the search and examination of international applications filed under the PCT in the U.S. receiving office. In the release, the USPTO notes that it receives about 50,000 international applications and about 400,000 […]

Continue Reading →

Is fair use more valuable to the economy than copyright?

A study released this week by the Computer and Communications Industry Association (CCIA) attempts to quantify the value that fair use, the restriction on a copyright holder's ability to assert infringement claims, has to the U.S. economy. The study attempted to ascertain the economic output of "fair use industries," that is, either "industries that produce […]

Continue Reading →

Third Circuit: Patentee’s intentional falsehood to standards body can support antitrust claim

Maybe it's time for Qualcomm to rethink how it approaches standard-setting organizations. In a decision today, the Third Circuit reversed in part a district court's dismissal of rival Broadcom's antitrust claims, finding that Broadcom had adequately pleaded actions by Qualcomm that, if true, would constitute an antitrust violation. The facts of the case are similar […]

Continue Reading →

IEEE voices opposition to the Patent Reform Act of 2007

As reported at the Patent Prospector, the U.S. organizational unit of the Institute of Electrical and Electronics Engineers (IEEE-USA) has sent a letter to Senate Majority Leader Harry Reid and Speaker Nancy Pelosi opposing the Patent Reform Act of 2007. In a nutshell, the IEEE-USA's view is: We believe that much of the legislation is […]

Continue Reading →

Trademark licensing hall of shame: why trademark owners need to monitor their licensees

Owners of trademarks should take care that they control how licensees use their marks. This should be common knowledge for most trademark owners, as inconsistent or unauthorized use of a trademark can dilute its distinctiveness, and in extreme cases, cause loss of rights. The owners of one of the most famous trademark brands, the New […]

Continue Reading →

Patent Reform Act of 2007 hitting a snag?

In today's Wall Street Journal, there is an article noting that the Patent Reform Act of 2007 (S. 1145, H.R. 1908) may be coming up against some resistance when Congress returns from its August recess. The article notes that the AFL-CIO has warned that if the Act is passed in its current form, "innovation—and union-backed […]

Continue Reading →

Federal Circuit changing its domain name effective October 1

According to an announcement on the Federal Circuit's webpage, the court will be changing its domain name effective October 1, 2007. The change from www.fedcir.gov to www.cafc.uscourts.gov will bring the Federal Circuit in line with the other courts of appeal, whose domain names are www.ca#.uscourts.gov (where # is the circuit number or "dc" for the […]

Continue Reading →

Stay in Touch

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

Sign Up