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HTMLUPDATE: The Hare Loses Steam - Patent Litigation Reform Law Unlikely This Year
Ann G. Fort; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 27, 2014, previously published on May 23, 2014
Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling that work until the interested parties reach a bipartisan compromise....

 

HTMLUpdate From the May 9, 2014 USPTO Patent Eligibility Guidelines Forum
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
May 22, 2014, previously published on May 12, 2014
On May 9, 2014, the USPTO hosted a forum to receive public feedback on the patent subject matter eligibility guidance for examiners circulated on March 4, 2014. The USPTO heard formal presentations from ten speakers (including myself) and comments from audience members. Most speakers suggested...

 

HTMLUSPTO Finally Updates Patent Term Adjustment Calculator - Sort of
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
May 22, 2014, previously published on May 20, 2014
In a Federal Register Notice issued May 15, 2014, the USPTO announced that its Patent Term Adjustment (PTA) calculator finally has been updated to implement the changes to the PTA statute embodied in the Technical Corrections Act which was enacted on January 13, 2013, but has not yet been updated...

 

HTMLFederal Circuit Keeps Burden of Patent Clarity on Applicants on Issues of Patent Indefiniteness
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
May 22, 2014, previously published on May 8, 2014
In In re Packard, the Federal Circuit affirmed the USPTO Patent Trial and Appeal Board (PTAB) decision upholding the rejection of Packard’s claims for indefiniteness. The per curiam decision approaches the issue from the perspective of the USPTO’s examination function, while steering...

 

HTMLKey Questions to Ask When Preparing a Data Breach Response Plan (Part II)
Peter I. Sanborn; Foley & Lardner LLP;
Legal Alert/Article
May 22, 2014, previously published on May 16, 2014
Following up on last week’s post, we return to the wide range of questions about a company’s operations that can guide a team building a data breach response plan to cover many of the risks encountered in the wake of a breach.

 

HTMLStakeholders Testify on Patent Subject Matter Eligibility
Leon Y. Lum; Foley & Lardner LLP;
Legal Alert/Article
May 16, 2014, previously published on May 15, 2014
On May 9, 2014, the USPTO held a public forum on the USPTO’s new patent subject matter eligibility guidance (the “Guidance”). In promoting the forum, the USPTO stated that it wished to “to receive public feedback from organizations and individuals on the Guidance.” The...

 

HTMLBaaaaad News for Patenting Cloned Sheep
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
May 13, 2014, previously published on May 9, 2014
In a unanimous panel decision, the Federal Circuit affirmed the finding of the USPTO Patent Trial and Appeal Board (PTAB) that claims directed to cloned cattle, sheep, pigs and goats were directed to non-patent eligible subject matter under 35 USC § 101. The court in effect held that while...

 

HTMLThe New USPTO Patent Eligibility Rejections Under Section 101
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
May 12, 2014, previously published on May 6, 2014
Well, it’s happening. Office Actions with new patent eligibility rejections based on the USPTO’s March 4, 2014 Guidance are being mailed out to patent practitioners across the nation. While some new rejections under §101 were expected, others have been more surprising. The most...

 

HTMLFederal Circuit Affirms Validity of Tarka Patent on Combination Pharmaceutical Product
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
May 6, 2014, previously published on May 1, 2014
The Federal Circuit decision in Sanofi-Aventis Deutschland GmbH v. Glenmark Pharmaceuticals Inc., USA, addresses several interesting issues, but is most likely to be cited by other patent holders for its affirmance of the jury verdict that upheld the Tarka patent at issue. The jury found that...

 

HTMLHigh Octane Patent Litigation? Supreme Court Relaxes Standards for Awarding Attorneys' Fees While Increasing Deference on Appeal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 5, 2014, previously published on April 29, 2014
In twin unanimous opinions issued today, the U.S. Supreme Court has rejected long-standing Federal Circuit rules governing the award of attorneys’ fees to the prevailing party in patent litigation, and appellate review of those awards. The decisions give district judges more discretion to...

 


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