Posts tagged as:

Federal Circuit

USPTO Announces Interim Procedure for Patentees to Request Patent Term Adjustment Recalculation

January 29, 2010

The United States Patent and Trademark Office (USPTO) announced on January 28, 2010 that it will provide patentees with the ability to request a recalculation of their patent term adjustment without a fee or petition as is normally required pending completion of necessary modifications to the USPTO’s computer program for calculating patent term adjustments.  The agency [...]

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USPTO Calculations For Patent Term Adjustments Have Been Wrong

January 12, 2010

The U.S. Patent and Trademark Office (USPTO) has been erroneously calculating the periods of patent term adjustment for PTO delays in issuing patents, the U.S. Court of Appeals for the Federal Circuit held on January 7, 2010.  The court refused to accept the PTO’s interpretation of 35 U.S.C . 156(b)(1) for purposes of identifying “periods [...]

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Summary of the Kappos Confirmation Hearing

Thumbnail image for Summary of the Kappos Confirmation Hearing July 29, 2009

The U.S. Senate Committee on the Judiciary conducted a nomination hearing on July 29, 2009 from 10:00 a.m. to 11:14 a.m. for David J. Kappos to be Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.  Beverly Baldwin Martin (to be United States Circuit Judge for the [...]

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Parties in Tafas Litigation Jointly Seek Stay Until 60 Days after Kappos Is Confirmed As Director

July 27, 2009

The plaintiffs and the government in the litigation challenging the PTO continuation and claim rules have jointly asked the Federal Circuit for a stay of en banc proceedings until 60 days after David Kappos is confirmed as the new PTO Director.  Tafas v. Doll, Fed. Cir., No. 2008-1352, motion filed 7/24/09.
In the “Joint Consent Motion For [...]

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Did Pre-Bilski Claim Construction Help Doom Patent Validity In District Court?

July 13, 2009

U.S. District Courts in California continue to be somewhat hostile towards patent applications when it comes to the question of what constitutes patentable subject matter.  On July 7, the U.S. District Court for the Central District of California applied the Bilski machine-or-transformation test to the patentability of a method claim and found the claimed system [...]

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Business Method Patent Tips Offered In Wake of Bilski, Comiskey, MuniAuction

June 19, 2009

Patent practitioners discussed the viability of business method/software patent protection during a recent BNA audioconference looking at recent decisions by the U.S. Court of Appeals for the Federal Circuit.  But, they also provided clues on best strategies for litigating patents that have already been granted.
The June 3rd conference, sponsored by BNA’s Legal & Business EDge division, [...]

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Supreme Court Will Hear Bilski Despite SG’s Recommendation

Thumbnail image for Supreme Court Will Hear Bilski Despite SG’s Recommendation June 1, 2009

The case is a challenge to an en banc ruling last October by the U.S. Court of Appeals for the Federal Circuit that a process for predicting and hedging risk in commodities markets did not deserve a patent, because it was not tied to a machine, and did not result in a physical transformation.
 
The In [...]

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AIPLA Spring Meeting: District Court Judge Has Not Seen Impact post-eBay

May 18, 2009

After hearing presentations describing a different “post-eBay world” in the wake of the U.S. Supreme Court’s much debated decision on injunctive relief, Judge Joseph J. Farnan of the U.S. District Court for the District of Delaware argued that the high court’s 2006 ruling “hasn’t done a whole lot,” and rather can best be seen as [...]

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Cert Petition Filed in Case Challenging PTO Administrative Patent Judge Decisions

May 5, 2009

On April 15, a petition for a writ of certiorari was filed with the U.S. Supreme Court in DBC LLC v. Patent and Trademark Office (U.S., No. 08-1284, review sought 4/15/09), appealing the Federal Circuit’s ruling that decisions by panels including purportedly “unconstitutionally appointed” administrative patent judges are not subject to appellate review on that issue [...]

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