Posts in IP News

How Much Longer Can the USPTO Test an Old MPEP?

Last week I was in New York City teaching the PLI Patent Bar Review Course along with John White.  The week was a good one, although the city was crazy with heads of state at the UN, terror worries about NY City hotels and President Clinton at the Sheraton across the street from PLI headquarters at the Clinton Global Initiative…

CAFC Makes it More Difficult to Prove Fraud on USPTO

At the beginning of August 2009 the United States Court of Appeals for the Federal Circuit issued its decision in Exergen Corp. v. Wal-Mart Stores, Inc., et al., Case Nos. 2006-1491, 2007-1180 (Fed. Cir. 2009), a decision that changed the playing field with respect to charges of inequitable conduct in patent litigation. Essentially, the Federal Circuit decided that since inequitable…

President Obama Gives Reaganesque Innovation Speech

Let me set the record straight from the start. I do not agree with President Obama on much, and I voted for and supported John McCain dating all the way back to his first run for President. Having said this, it is impossible to ignore the fact that so far President Obama and his Administration is saying all the right…

Kappos Lays Out Ambitious Agenda for USPTO in Speech at IPO

Last week David Kappos addressed the IPO annual meeting in Chicago, Illinois.  Kappos’ remarks were varied and really set a new tone for the future of the USPTO under his watch.  Kappos continued the theme he has already established in differentiating how the USPTO will run under his regime, as compared to how it ran under the previous regime.  Specifically,…

CAFC: Method for Calibrating Drug Dosage Is Transformative

Legend has it that Zeus punished Prometheus by binding him to a rock while having his regenerating liver eaten daily by a great eagle. After the case of Prometheus Laboratories, Inc. v. Mayo Collaborative Services, we in the patent world may now be subjected to similar torture in determining when medical/drug dosage calibration methods qualify as statutory subject matter under…

DOJ Says Google Copyright Book Settlement Not Appropriate

The United States Department of Justice on Friday filed papers with the United States Federal District Court for the Southern District of New York, challenging the settlement reached by Google and the plaintiffs in the copyright litigation challenging how Google is digitizing books and offering them for free. The DOJ told the court in a 32 page filing that the…

Patent Attorney Creates Word Plugin for Patent Applications

Dmitry Brant, a DC patent attorney at a top patent law firm, recently launched a new software product aimed at the patent market named Patent ClaimMaster.  Patent ClaimMaster is a Microsoft Word plugin that helps you improve the quality of your patent documents while reducing costs. With Patent ClaimMaster you can turn cumbersome and time consuming tasks into simple tasks…

Inventing for Kids: Cloudy with a Chance of Meatballs

Yesterday an interesting animated film opened in theaters across the United States. The film by Columbia Pictures’ and Sony Pictures is titled Cloudy with a Chance of Meatballs, and is billed as “the most delicious event since macaroni met cheese.” This film is based on a children’s book of the same title published in 1978.  Bill Hader, star of “Saturday…

Rob Clarke Named New USPTO Chief of Staff

Yet another high profile senior level management position has been filed at the United States Patent and Trademark Office, and the trend of qualified “get it” people continues.  Rob Clarke, who is currently the Director of the Office of Patent Legal Administration (OPLA), has been asked by Director David Kappos to become the new USPTO Chief of Staff.  I know…

CAFC: A Divisional By Any Other Name Is Not a Divisional

The Federal Circuit, in Amgen Inc. v. F. Hoffman-La Roche Ltd, has made it clear that you had better characterize an application as a “divisional” if you want to the benefit of the “safe harbor” provided by 35 U.S.C § 121. And if you don’t, you’re going face obviousness-type double patenting problems.  The Federal Circuit in Amgen also went on…

CAFC Up for Grabs, Harmonization and the US Economy

Several weeks ago, as summer was winding down and most of us were enjoying some slow times and gearing up for back-to-school, preparing for Labor Day festivities, on vacation or studiously studying fantasy football player projections, Law.com published a very interesting piece titled Slot Opens on Federal Circuit Bench, More Vacancies to Come? The article started out by discussing how…

PLI Hosts Briefing on Green Technology Patent Litigation

I hardly keep it a secret that the Practising Law Institute is a sponsor of IPWatchdog.com, although not necessarily the views expressed herein, which are mine alone.  Occasionally I engage in some outright promotion activities, and stealing a good idea from the National Public Radio duo — Click & Clack — I sometimes refer to it as coming from the…

The Patent Backlog Cannot Be Solved With Harmonization

EDITORIAL NOTE: What follows was submitted by Ron Katznelson as a comment to Why a Global Patent System is a Bad Idea, which took issue with the articulate position of Microsoft’s Deputy General Counsel Horacio Gutierrez that a global patent system is necessary. It is republished here as an article with the permission of Dr. Katznelson. *********** What seems to be…

Music and Fantasy Football Make the NFL Brand Great

This post may not be as off-topic as you think simply by reading the title.  Yes, I will be licking my wounds as a result of an opening day fantasy football loss, but what is really prompting this article is a discussion this morning on ESPN radio with host Eric Kuselias, who incidentally was managing partner of Goldblatt, Kuselias &…

Entire Market Value Rule Lives As $357 Million Verdict Dies

The appeal in Lucent Technologies, Inc. v. Gateway, Inc. from the Southern District of California was considered in many quarters as the potentially seminal case on how to calculate damages based on a reasonable royalty using the Georgia-Pacific factors, especially the “entire market value” rule (aka factor 13). That Microsoft and others were currently on the hook to Lucent Technologies…