Maier_03 USPTO Issues Updated Subject Eligibility Guidance

Maier_03 USPTO Issues Updated Subject Eligibility Guidance

The USPTO has produced Interim Guidance on Patent Subject Matter Eligibility.  These updated guidelines are in light of recent Supreme Court decisions, including Alice Corp. v. CLS Bank.  The guidelines are for use by USPTO personnel to use when determining eligibility under 35 U.S.C. 101.  The guidance is meant to supplement the Preliminary Examination Instructions, which […]

Trademark: Nice Classification, Tenth Edition, Version 2015

Trademark: Nice Classification, Tenth Edition, Version 2015

As of January 1, 2015, the Nice Classification, Tenth Edition, version 2015 (NCL 10-2015), became effective. Changes to the class headings and a link to noteworthy changes are available at www.uspto.gov/trademarks/notices/NiceClassSchedule2015.jsp. To see a comprehensive list of all the new or changed entries, on or after January 1, 2015, please use the following search strategy in […]

Exclusive License Held to be Effective Assignment

Exclusive License Held to be Effective Assignment

In Azure Networks, LLC v. CSR PLC, Case No. 13-1459, the Federal Circuit agreed with a district court’s finding that a co-plaintiff effectively assigned its patent rights and therefore lacked standing to bring suit.  Azure Networks had donated the asserted patent to a non-profit, Tri-County.  Tri-County subsequently signed an exclusive license agreement with Azure, granting […]

Collateral Estoppel Cannot Apply in Claim Construction of an Unrelated Patent

Collateral Estoppel Cannot Apply in Claim Construction of an Unrelated Patent

In e.Digital Corp. v. Futurewei Technologies, Inc. Case No. 14-1019, e.Digital Corp. had asserted two patents against Futurewei Technologies in a California district court.  The patents at issue were the 5,491,774 (‘774) and 5,839,108 (‘108) patents.  The patents pertained to recording devices having a microphone and a removable, interchangeable flash memory.  The ‘108 patent was […]

Federal Circuit Overturns District Court Denial of Stay Pending CBM

Federal Circuit Overturns District Court Denial of Stay Pending CBM

In Versata Software, Inc. v. Callidus Software, Inc., Case No. 14-1468, the Federal Circuit has overturned a district court ruling denying a motion to stay pending a Covered Business Method Review at the USPTO.  Callidus filed petitions for CBM review of the asserted claims at the USPTO and the Patent Trial and Appeal Board instituted […]

Federal Circuit Uses Alice Corp. v. CLS Bank to Uphold Dismissal of Ultramercial v. Hulu

Federal Circuit Uses Alice Corp. v. CLS Bank to Uphold Dismissal of Ultramercial v. Hulu

The decision in Ultramercial, LLC v. Hulu, LLC, Case No. 10-1544 has been closely monitored since it was remanded by the Supreme Court.  Prior to the Supreme Court’s decision in Alice Corp., the Federal Circuit had twice previously found that the claims at issue were patent eligible.  The Supreme Court first vacated and remanded the […]

Lee Nominated to be Director of the USPTO

Lee Nominated to be Director of the USPTO

The White House has nominated acting deputy director Michelle Lee to be the next director of the USPTO.  Lee’s nomination must still be approved by the Senate.  The last director of the USPTO was David Kappos, who stepped down in February 2013.  Prior to joining the USPTO, Lee served as deputy general counsel and head […]

Negotiations in the United States Not Enough for Infringement Suit

Negotiations in the United States Not Enough for Infringement Suit

In Halo Electronics, Inc. v. Pulse Electronics, Inc. 13-1472 (10/22/2014), the Federal Circuit upheld a district court summary judgment that Pulse Electronics could not infringe Halo Electronics’ patents because Pulse manufactured, shipped, and delivered their products abroad.  Pulse conducted negotiations and pricing discussions concerning the sales in the United States, but the district court found […]

Federal Circuit Upholds District Court Finding of Inequitable Conduct

Federal Circuit Upholds District Court Finding of Inequitable Conduct

In a split decision, the Federal Circuit upheld a district court finding in American Calcar, Inc. v. American Honda Motor Co. 13-1061 (9/29/2014) that Calcar’s patents were unenforceable due to inequitable conduct.  The case had previously been remanded by the Federal Circuit to apply the inequitable conduct test established in Therasense.  The test in Therasense […]

Federal Circuit Upheld Court Stay Pending USPTO PTAB Review

Federal Circuit Upheld Court Stay Pending USPTO PTAB Review

The district court issued a stay order in Benefit Funding Systems LLC v. Advance America Cash Advance Centers Inc. 14-1122 (9/26/2014) to allow the PTAB to conclude a Covered Business Method Review before resuming litigation.  The covered business method review was petitioned for all of the claims at issue by one of the appellees.  Benefit’s […]

Chile will be a part of the UPOV Convention

Chile will be a part of the UPOV Convention

Chile is currently preparing a bill to accede to the Act 1991 of the UPOV Convention. Source: UPOV

Patent Co-Owner cannot be Involuntarily Joined as Co-Plaintiff

Patent Co-Owner cannot be Involuntarily Joined as Co-Plaintiff

In STC.UNM v. Intel Corp. 13-1241, STC, a division of the University of New Mexico, and Sandia Corp. co-owned a patent claiming a method for extending the available spatial frequency content of an image. STC filed a lawsuit against Intel for patent infringement. The case was thrown out by the district court because the co-owner […]

European Inventor Award finalist Shuji Nakamura wins Nobel Prize

European Inventor Award finalist Shuji Nakamura wins Nobel Prize

Two past European Inventor Award finalists have been awarded the 2014 Nobel Prize by the Royal Swedish Academy of Sciences. European Inventor Award 2007 finalist Shuji Nakamura (US) has been awarded the Nobel Prize in Physics, and European Inventor Award 2008 finalist Stefan Hell (Germany) the Nobel Prize in Chemistry. The award ceremony will take […]

Federal Circuit Employs Supreme Court Precedent from Nautilus Inc. v. Biosig Instruments, Inc.

Federal Circuit Employs Supreme Court Precedent from Nautilus Inc. v. Biosig Instruments, Inc.

In Interval Licensing LLC v. AOL, Inc. 13-1282, the Federal Circuit upheld a district court decision that Interval Licensing’s patent claims were invalid for indefiniteness. The claims of the patent were directed to a method for “engaging the peripheral attention of a person in the vicinity of a display device”. Interval Licensing’s suit alleged that […]

Federal Circuit Employs Supreme Court Precedent from Alice Corp. v. CLS Bank

Federal Circuit Employs Supreme Court Precedent from Alice Corp. v. CLS Bank

In buySAFE, Inc. v. Google, Inc. 13-1575, the Federal Circuit upheld a district court ruling that buySAFE’s patent, which included claims directed to a computer-aided method for guaranteeing a party’s performance in an on-line transaction, was invalid under Patent Act section 101. The court found that the claims were directed to the abstract idea of […]

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    All inventors, wherever in the world they are, deserve to obtain adequate protection of their inventions through legislation in the field of intellectual property. During to a visit to Geneva for the WIPO 2014 Assemblies, Michelle K. Lee, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO, talks about intellectual property in international aspect, with the aim to create convenient environment for international trade, but namely building a better international patent system.

    It is worth noting the good example she gives with American practice – USPTO invites patent practitioners to train its experts and thus to increase the quality of its services.

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