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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 […]

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Proper successor shielded from patent infringement claim

In General Mills, Inc. v. Kraft Foods Global, Inc., the Federal Circuit affirmed the judgment of the district court holding that General Mills's claim for patent infringement against Kraft Foods was barred by a covenant not to sue that General Mills granted to Farley Candy Company, Kraft's predecessor in interest. In affirming the district court's […]

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Federal Circuit: Board can’t use its own expertise as evidentiary substitute in interferences

The Federal Circuit today held that during inter partes proceedings, the Board of Patent Appeals and Interferences (the Board) cannot, under the Administrative Procedure Act (APA), rely on its own expertise when making factual findings if there is no evidence of record supporting its conclusion. The court did not opine whether this limitation extended to […]

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Inventors’ appreciation of invention intones interference’s inversion

On appeal from the Board of Patent Appeals and Interferences (BPAI), the Federal Circuit today reversed a priority determination, finding that the junior party had shown conception and reduction to practice before the senior party's filing date. As a result, the case was remanded to determine whether the senior party could prove earlier priority. More […]

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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 […]

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Federal Circuit post-KSR: Combination of familiar elements obvious when yielding predictable results

In this matter before the Federal Circuit, the Court affirmed the district court's grant of judgment that Fisher-Price's PowerTouch device did not infringe claim 25 of LeapFrog's U.S. Patent 5,813,861 ("the '861 patent") and that claim 25 of the '861 patent was invalid as obvious. Notably, the court cited the Supreme Court's KSR decision for […]

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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 […]

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Federal Circuit cites KSR, but not for the new obviousness standard

In a nonprecedential opinion released today, the Federal Circuit cited the Supreme Court's Monday decision in KSR for the first time. Unfortunately for inventors and practitioners looking for guidance under the new standard for obviousness laid out in KSR, the reference had nothing to do with the obviousness standard, just that obviousness is a question […]

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USPTO issues memo detailing preliminary obviousness instructions in light of KSR

As reported on Patently-O, the USPTO has issued a memo to the technology center directors regarding examination of applications in light of KSR. The good news is that the USPTO seems to have taken to heart the statement in the KSR opinion that "[t]o facilitate review, [the obviousness] analysis should be explicit." More details after […]

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Federal Circuit issues short opinion on claim construction, even shorter mention of claim vitiation

The Federal Circuit today issued a brief, five-page opinion regarding claim construction and infringement issues relating to a patent on insulated shipping containers. The court affirmed the lower court's claim construction and, as a result, affirmed the summary judgment of noninfringement. The court also dispensed with the doctrine of equivalents in a single sentence, making […]

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