The deadline for summary judgment motions in the lawsuit challenging the new claim and continutation rules has apparenlty been extended from December 20 to December 27. While no modified scheduling order has yet appeared on PACER, in the court's order yesterday granting leave for the various amici who sought to file briefs at the summary […]
Continue Reading →It's been awhile since our last update on the lawsuit challenging the USPTO's new claim and continuation limit rules. Here's a brief rundown of what's happened since the court granted Glaxo's motion for preliminary injunction, temporarily preventing implementation of the rules: Tafas noticed the depositions of Jon Dudas (USPTO director), John Doll (commissioner for patents), […]
Continue Reading →In a press release today, the USPTO announced it will be closed on December 24. December 25 is, of course, a federal holiday, meaning the USPTO will be closed for four consecutive days. From the release: Any action or fee due on those days (or the preceding Saturday (December 22, 2007) or Sunday (December 23, […]
Continue Reading →Yesterday the Office of Management and Budget (OMB) approved without change the USPTO's new rules regarding information disclosure statements. The rules had been challenged at the OMB in an effort to prevent their implementation, but that challenge was apparently unsuccessful. The text of the final rules is not yet available, but the abstract and previous […]
Continue Reading →In a recent decision, the Sixth Circuit held that several agreements relating to logo placement on media incorporating songs by Meat Loaf did not encompass internet downloads. The court reached this decision based on a key paragraph in the most recent agreement: Sony Music will continue to place the Cleveland logo (in the design currently […]
Continue Reading →In a decision today, the Federal Circuit affirmed the BPAI's decision in an interference proceeding awarding priority to the senior party. The junior party attempted to show an actual reduction to practice before the senior party's priority date. While the junior party offered evidence of an earlier actual reduction to practice, the corroborating evidence was […]
Continue Reading →Last week, the Second Circuit issued a decision addressing whether the registration requirement for bringing a copyright action was jurisdictional or merely a "claim processing" rule. The decision turned on whether the Supreme Court's decision in Eberhart v. United States reduced the class of "jurisdictional" statutes such that 17 U.S.C. § 411(a) should be considered […]
Continue Reading →Back in March, we wrote about a copyright and trademark case involving a novelty doll, "Pull My Finger Fred." In the case's previous trip to the Seventh Circuit, the court affirmed a verdict of copyright and trademark infringement, $291,000 in damages, and $575,000 in attorneys' fees. Now the parties are back, this time disputing the […]
Continue Reading →In a decision yesterday, the Federal Circuit partially reversed a district court's summary judgment of noninfringement of a patent directed to closed circuit television systems. In granting summary judgment, the district court held that the doctrine of prosecution disclaimer limited the scope of the claims, finding the inventors characterized the invention narrowly in response to […]
Continue Reading →In a decision last week, the Eleventh Circuit affirmed a district court's decision granting summary judgment of no trademark infringement and no unfair competition. The plaintiff and defendant had entered into a contract for the plaintiff to design a water meter reading system. After the plaintiff allegedly breached the contract, the defendant engaged different companies […]
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