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USPTO Issues A Final Rule to Implement the Patent Law Treaty
On October 21, 2013, the USPTO published a final rule in the Federal Register to implement the provisions of the Patent Law Treaty (PLT) in accordance with the Patent Law Treaties Implementation Act of 2012. The PLT is a multilateral treaty adopted by World Intellectual Property Organization in June of 2000 to harmonize certain patent […]
ESI (Electronically Stored Information) Discovery Guidelines
Click here to read the article. – New York Intellectual Property Law Association Bulletin, December 2012/January 2013
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Developments in FRAND: Presidential Veto Prevents ITC Exclusion of Apple Devices Found to Infringe Samsung Standards Essential Patents on Public Interest Grounds
(August 7, 2013). On August 3, 2013 the Obama administration overturned a U.S. International Trade Commission Order barring imports of Apple’s iPhone 4 and iPad 2 that had been found by the ITC to infringe a standards-essential Samsung patent (hot issue in the past year. FRAND licensing requirements have become commonplace with standard-setting organizations when […]
In The Press: Fed. Circ. Order May Lead To Speedier Transfer Rulings
IPLaw 360 turns to partner Charles R. Macedo for input on Federal Circuit Order. The ruling "teaches that while the judicial economy factor is not a trump card that will necessarily avoid transfer, it can be a factor that a court may rely on when deciding against transferring a case," said Charles R. Macedo, partner […]
Induced infringement of method claims where no single party performs all of the claimed steps
Akamai Technologies, Inc, et al v Limelight Networks, Inc, and McKesson Technologies, Inc v Epic Systems Corp, 692 F 3d 1301 (Fed Cir 2012) (en banc), 31 August 2012 The Federal Circuit sitting en banc, found that a party may be liable for induced infringement of a method claim, even where no single party performs […]
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Unanimous U.S. Supreme Court Decision on Patent Exhaustion Upholds Patentee’s Rights in Case Regarding Patented Self-Replicating Technologies
On May 13, 2013, the Supreme Court of the United States issued a unanimous decision in Bowman v. Monsanto Co., No. 11-796, holding that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds by planting and harvesting them without the patent holder’s permission. The Court, in an opinion written by […]
Isolated human genes and related therapeutic treatment methods held patent-eligible
Ass’n for Molecular Pathology v US Patent & Trademark Office, 689 F 3d 1303, Fed Cir (‘Myriad IV’), 16 August 2012 Patents on isolated genes are big business. In the past three decades, the United States Patent and Trademark Office (USPTO) has issued over 2500 patents claiming isolated DNA, and 40000 DNA-related patents in nonnative […]
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Federal Circuit Splits on Section 101 Analysis and Finds Computer Implemented Claims to be Patent-Ineligible
On May 10, 2013, the U.S. Court of Appeals for the Federal Circuit released its highly anticipated decision in CLS Bank International v. Alice Corp. Pty. Ltd., No. 2011-1301 (“CLS III”), concerning the patent eligibility of computer implemented claims under 35 U.S.C. § 101. Although the court, considering the case en banc, did agree that […]
ARE Trademark Law Alert:U.S. Supreme Court Finds Covenant Not to Sue On Current Products and “Colorable Imitations†Moots Trademark Infringement Case
On January 9, 2013, in Already, LLC v. Nike, Inc., No. 11-982, 2013 U.S. LEXIS 602 (U.S. Jan. 9, 2013) the U.S. Supreme Court unanimously decided that Nike, Inc.’s (“Nike”) covenant not to sue its competitor Already, LLC (“Already”), for existing footwear designs or any designs that constituted a “colorable imitation,” rendered the pending trademark […]
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Supreme Court Reverses Second Circuit, Holds “First Sale†Doctrine Applies To Copies Of Copyrighted Works Made Abroad
(March 19, 2013) On March 19, 2013, the Supreme Court released an important copyright law decision in Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697, 568 U.S. __ (2013) (“Kirtsaeng”), concerning the applicability of the “first sale” doctrine to copies of copyrighted works lawfully made abroad. In a 6-3 decision authored by Justice Breyer, […]