Senate hearings on the Patent Reform Act of 2007 As noted previously, the Senate yesterday held hearings on the Patent Reform Act of 2007 (S. 1145). The witnesses were: Jon W. Dudas, Undersecretary of Commerce for Intellectual Property and Director of the USPTO Bruce G. Bernstein, chief intellectual property and licensing officer, InterDigital Communications Corp. Mary Doyle, Senior Vice President, General Counsel, and Secretary, […] Continue Reading →
Thursday at the Federal Circuit: en banc arguments on the duty of care and waiver of privilege This Thursday, the Federal Circuit will sit en banc to hear oral argument in In re Seagate Technology LLC, a mandamus case regarding a district court's order to produce certain attorney-client privileged materials. (Update (6/7): the audio of the oral argument is now available online at this link.) Like in many patent cases, one of […] Continue Reading →
Senate to hold its first hearings on Patent Reform Act of 2007 While the House subcommittee on Courts, the Internet, and Intellectual Property (a subcommittee of the House Judiciary Committee) held hearings on the Patent Reform Act of 2007 (H.R. 1908, S. 1145) at the end of April, the Senate is just now getting into the act. On Wednesday, June 6 at 10:00 Eastern time, the full […] Continue Reading →
Federal Circuit addresses claim construction, on-sale and public use bars, and DJ jurisdiction In a decision Friday, the Federal Circuit vacated in part a district court's claim construction of a several terms as well as its decision to find no infringement of patents owned by Honeywell. The court did, however, affirm the district court's retention of jurisdiction over the several withdrawn claims and the decision that Honeywell's pre-critical […] Continue Reading →
Australia’s High Court weighs in on obviousness There is a good post over at the Patent Prospector about a decision by the High Court of Australia (the equivalent to the U.S. Supreme Court) regarding the issue of obviousness in patent law. One notable passage: as a basic premise, obviousness and inventiveness are antitheses and the question is always "is the step taken […] Continue Reading →
Federal Circuit affirms damage award to Monsanto against farmer who saved seed In the latest in a series of appeals to the Federal Circuit, the court affirmed a jury's award of damages to Monsanto for infringement of patents relating to glyphosate resistant plants. The defendant, a farmer, had saved seeds from his crops from one growing season to the next in violation of the terms of the […] Continue Reading →
Chief Judge Michel weighs in on two aspects of the Patent Reform Act of 2007 In a letter to Senators Patrick Leahy and Orrin Hatch, Chief Judge Paul Michel of the Federal Circuit expresses concern with two provisions of the Patent Reform Act of 2007 (H.R. 1908 and S. 1145). The letter, dated May 3 (two weeks after the bills were introduced), addresses what Chief Judge Michel perceives to be […] Continue Reading →
Federal Circuit reverses lost profits award and finding of personal liability In a decision today, the Federal Circuit reversed a jury's award of damages based on lost profits as well as personal liability against the defendant corporation's principal. The district court let the issue of lost profits damages go to the jury, but the Federal Circuit determined that, as a matter of law, the court should […] Continue Reading →
House subcommittee sends Patent Reform Act of 2007 to full Judiciary Committee The House subcommittee on Courts, the Internet, and Intellectual Property this week has approved the House version of the Patent Reform Act of 2007 (H.R. 1908). The bill now goes to the full House Judiciary Committee for further review before going to the House for a full vote. Although this is a key first hurdle […] Continue Reading →
Coalition of over 100 companies expresses concerns over the Patent Reform Act of 2007 In a letter to democratic and republican leadership as well as the members of the House and Senate judiciary committees, the Innovation Alliance, along with over 100 other companies, expressed concern over many of the proposed reforms in the Patent Reform Act of 2007 (H.R. 1908 and S. 1145). The group states that many of […] Continue Reading →