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The “Burden” of Patent Infringement

In a recent article published in Bloomberg BNA’s Patent, Trademark & Copyright Journal, MVA Intellectual Property Member Mark Wilson examines the U.S. Supreme Court’s decision in Medtronic, Inc. v. Mirowski Family Ventures, LLC, 134 S.Ct. 843 (2014) in which the High Court reversed the U.S. Court of Appeals for the Federal Circuit and held that … Continue reading

New Importance of Meeting Section 101 Requirements

On March 20, 2012, the Supreme Court handed down its opinion in Mayo Collaborative Services v. Prometheus Labs., Inc., No. 10-1150.  In this case, the Court considered the validity of two patents belonging to Prometheus with claims directed towards the use of thiopurine drugs for the treatment of autoimmune diseases.  In general, the claims recited steps including … Continue reading

Fair Use of Copies of NPL Made in Patent Examination

The American Institute of Physics and John Wiley & Sons Inc. recently filed a copyright infringement complaint against two U.S. law firms for making copies of copyrighted works and submitting them, without permission, to clients and the U.S. Patent and Trademark Office during prosecution of client patent applications.  On January 19, 2012, the USPTO issued … Continue reading

Leahy-Smith America Invents Act

Formerly known as the Patent Reform Act of 2011, the Leahy-Smith America Invents Act is close to being passed into law. Versions of the Act were approved in March in the Senate (S. 23, 95-5) and in June in the House (H.R. 1249, 304-117), and the House bill has been referred to the Senate.

USPTO Extends & Expands Full First Action Interview Pilot Program

Recently the United States Patent Office announced that it is extending and expanding the Full First Action Interview Pilot Program. The program provides for the Patent Applicant and the Examiner to conduct an interview prior to the issuance of the first Office Action on the merits. The program has been extended until May 16, 2012 … Continue reading

Potential Reissue Pitfalls: The Recapture Rule

Under 35 U.S.C. § 251, applicants may file a reissue application to amend the claims contained in the issued parent patent. However, “claims that are ‘broader than the original patent claims in a manner directly pertinent to the subject matter surrendered during prosecution’ are impermissible.” In re Clement, 131 F.3d 1464, 1468 (Fed. Cir. 1997) … Continue reading

Joint Infringement– Akamai v. Limelight Opinion Vacated

There has been a significant amount of discussion among the members of the patent bar concerning the proper standard to apply under a theory of joint liability for patent infringement. The Federal Circuit has weighed in several times, adopting a “direction and control” standard in the BMC and Muniauction cases. More recently, the Federal Circuit went further … Continue reading

Patent Assignments and MPEP 306

Just like many other forms of property, such as houses, cars, etc. where once you become the owner of the property, you record your ownership rights to put others on notice, for patents, you do the same thing.  Under the patent laws, 35 U.S.C. § 261, one must file an assignment of a patent against … Continue reading

Responding to 35 USC §103 Rejections

In the wake of the U.S. Supreme Court decision in KSR (KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2 1383 (2007)), responding to 35 USC §103 or obviousness-type rejections where the examiner has to combine one or more prior art references in order to reject all of the features of a claim have … Continue reading

Software Patent Applications in View of Ex Parte Rodriguez

On October 1st, 2009, the Board of Patent Appeals and Interferences of the U.S. Patent and Trademark Office issued a precedential opinion in Ex Parte Rodriguez rejecting an appealed LSI Logic Corporation patent application for its lack of disclosure of a specific algorithm for carrying out the claimed software invention.  The Board felt that the … Continue reading

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