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Preliminary Examination Guidelines for Determining Subject Matter Eligibility

Posted on Jul 1, 2014 in Blog

Last month, we blogged about the recent Supreme Court decision in Alice Corp. Pty Ltd. v. CLS Bank Int’l, U.S., No. 13-298, 6/19/14. In view of that decision, on June 25, 2014 the PTO issued preliminary instructions for use when determining subject matter eligibility of claims involving abstract ideas (e.g., computer-implemented abstract ideas) under 35 U.S.C. 101.

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The Washington Redskins May Have Lost the Battle …

Posted on Jun 25, 2014 in Blog

On June 19, 2014, the U.S. Patent & Trademark Office Trademark Trial and Appeal Board (PTO TTAB) canceled six trademark registrations owned by the Washington NFL club, ruling that the term “Redskins” was disparaging to a substantial composite of American Indians when the marks were granted between 1967 and 1990.

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Supreme Court Confirms That Tranforming Abstract Idea into a Patent-Eligible Invention Requires More Than Mere Recitation in Claims of Generic Computer

Posted on Jun 24, 2014 in Blog

On June 19, 2014 the U.S. Supreme Court ruled that the claims in several patents for software to facilitate the exchange of financial obligations between two parties using a computer system as a third-party intermediary are invalid as claiming patent-ineligible subject matter under 35 U. S. C. §101.

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Supreme Court Changes Standard for Patent Indefiniteness under 35 USC 112 ¶2

Posted on Jun 2, 2014 in Blog

On June 2, 2014, the US Supreme Court rejected as imprecise the Federal Circuit’s existing standard for patent claims indefiniteness under 35 USC 112 ¶2.

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Supreme Court Requires Single Party to Perform all Steps for Inducement of Infringement

Posted on Jun 2, 2014 in Blog

On June 2, 2014, the US Supreme Court ruled that there can be no liability for inducement of infringement under 35 USC 271(b) unless a single actor performs all steps of a method claim. In doing so, the Court reversed a 2012 en banc ruling by the Federal Circuit that allowed a finding of induced infringement even if no one is liable as a direct infringer where one party performs some of the steps and directs another to perform the remaining steps.

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Supreme Court Relaxes Standards for Awarding Attorney’s Fees in Patent Litigation

Posted on May 5, 2014 in Blog

Two recent Supreme Court decisions have changed the standards under which attorney’s fees may be awarded in patent infringement cases.

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Caesar Rivise 2014 Top Ten Best Countries for Foreign Patent Filing

Posted on Apr 24, 2014 in Blog

In the knowledge economy – where just about everything else is fungible – how and where you protect your intellectual property (IP) can mean everything. Selecting where to apply for patents, for instance, is a strategic call that will impact your company for the next 20 years.

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Supreme Court to Evaluate Standard of Review on Appeal of Claim Construction by District Courts

Posted on Apr 1, 2014 in Blog

On Monday, March 31, 2014, the Supreme Court agreed to hear an appeal by Teva Pharmaceuticals USA Inc. over its Copaxone drug which had billions of dollars in sales in 2013. Teva appealed from the Court of Appeals for the Federal Circuit, which invalidated several patents covering Copaxone, a drug for treating multiple sclerosis.

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Supreme Court Affirms that Indirect Competitors Can Allege False Advertising Claims

Posted on Mar 31, 2014 in Blog

The Supreme Court has affirmed that false or misleading advertising claims under the Lanham Act can be brought by plaintiffs other than direct competitors.

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Supreme Court Places Burden of Proving Infringement on Patentee

Posted on Feb 11, 2014 in Blog

The U.S. Supreme Court on January 22, 2014 held that when a licensee seeks a declaratory judgment against a patentee that its products do not infringe the licensed patent, the patentee bears the burden of persuasion on the issue of infringement, thereby reversing the Court of Appeals for the Federal Circuit in Medtronic, Inc. v. Mirowski Family Ventures, LLC, U.S., No. 12-1128.

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