Federal Circuit Addresses On Sale Bar In Plumtree Software, Inc. v. Datamize, LLC, the Federal Circuit Court of Appeals revisited the issue of determining when an invention is on sale within the meaning of 35 U.S.C. 102(b). A claimed invention is considered to be on sale under ? 102(b) if the invention is sold or offered for sale more than one […] Continue Reading →
UK considering peer review for patent system After a review of Great Britain’s intellectual property laws, the UK patent office is considering implementing a peer review procedure as part of its patent examining process. This was one of the recommendations of the Gowers Review of Intellectual Property, published on December 6. The idea is based in part on the Peer to Patent […] Continue Reading →
Federal Circuit considers intent required for inducing infringement en banc The Federal Circuit resolved a perceived conflict in its case law regarding the necessary level of intent required for a defendant to be found liable for inducing infringement of a patent. The court considered one subsection of DSU Medical Corp. v. JMS Co. en banc to resolve the conflict. The court held that to prove […] Continue Reading →
Nintendo hit with patent infringement lawsuit over “Wiimote” Nintendo, makers of one of the hottest Christmas gifts this year, the Wii, is being sued for patent infringement. Interlink is suing the electronics giant over the "Wiimote," the common name for the Wii's controller. Below is the Wiimote and Figure 1 of Interlink's patent: Interlink's patent is directed toward a "trigger operated electronic device," […] Continue Reading →
The problem of marketing an idea: how much do you tell a prospective licensee? Forbes has an interesting piece regarding marketing ideas, specifically way to protect an idea when pitching it to companies or ways to avoid “giving something away” in the process. It’s written to be easily understood by non-lawyers, and has some good general suggestions. Notably absent from the list: using the line “I’d tell you, but […] Continue Reading →