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USPTO Launches On-Line Litigation ToolKit

Posted on Oct 14, 2014 in Blog

Last month, the U.S. Patent and Trademark Office (USPTO) hosted a webinar discussing its Patent Litigation Online Toolkit, which is located at The toolkit was introduced earlier this year to answer frequently asked questions and provide information about patent lawsuits.

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Expediting Software-Related Patent Applications in the U.S. Patent and Trademark Office Using Glossary Pilot Program

Posted on Sep 24, 2014 in Blog

The U.S. Patent and Trademark Office (PTO) recently initiated a pilot program that allows software-related patent applications that are accepted in the program to receive expedited processing and examination. Accepted applications are placed on the examiner’s special docket prior to the first Office Action, and receive “special status” up to issuance of a first Office Action.

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CAFC in STC.UNM v. Intel Corp. Affirms Dismissal of Patent Infringement Suit in Which Co-Owner Refused to Join

Posted on Sep 19, 2014 in Blog

In STC.UNM v. Intel Corporation, case number 13-1241, decided September 17, 2014, the Court of Appeals for the Federal Circuit (“CAFC”), in a 6-4 decision, refused to conduct an en banc review of its prior panel decision dismissing a patent infringement suit brought by the licensing arm of the University of New Mexico against Intel Corporation (“Intel”),

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The Washington Redskins Come Back Fighting

Posted on Aug 27, 2014 in Blog

On June 25, 2014, we blogged that the U.S. Patent and Trademark Office cancelled six trademark registrations owned by the Washington Redskins, ruling that the term “Redskins” was disparaging. On August 14, 2014, the owner of the Washington Redskins came back fighting with a new federal lawsuit (Pro-Football, Inc. v. Amanda Blackhorse et al., Case No. 1:14-cv-01043, E.D. Va.) asking the U.S. District Court for the Eastern District of Virginia to overturn the U.S. Patent and Trademark Office’s cancellations, asserting that the Redskin marks do not disparage Native Americans.

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U.S. House of Representatives Panel to Investigate Abuse of U.S. Patent And Trademark Office Telework Program

Posted on Aug 26, 2014 in Blog

The U.S. Patent and Trademark Office’s “telework” program came under fire when news emerged, first reported in an August 10, 2014 Washington Post article, that oversight of patent examiners who work from home at various locations around the country was “completely ineffective.”

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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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