Thursday, 09 January 2014 23:13

USPTO Allows “And/Or” Claim Language

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In what many will consider a blow to English grammar, a recent decision by the Patent Trial and Appeal Board found an applicant's "and/or" claim language valid.

Under Section 32 of the Leahy-Smith America Invents Act (AIA) which became law in 2011, the USPTO is required to work with and support intellectual property law associations across the country in the establishment of pro bono programs designed to assist “financially under-resourced independent inventors and small businesses.”  In keeping with its obligations, the United States Patent and Trademark Office (USPTO) has announced a new charter agreement placing the burgeoning regional pro bono efforts in the hands of a newly-formed central advisory council. Specifically, the AIA Pro Bono Advisory Council has been formed to assist existing regional programs and offer assistance to new programs so that they can operate under a central framework.

As discussed earlier on our blog, the Supreme Court has granted cert on two patent cases related to fee shifting under 35 U.S.C. § 285, including Highmark Inc. and Octane Fitness.  A recently issued Federal Circuit decision, in Kilopass v. Sidense Corp., may shed some light in how the Supremes might rule on the issue later this year, in which both Judge O'Malley and Chief Judge Rader issued opinions calling for the expansion of exceptional-case attorney fees.

Thursday, 19 December 2013 22:30

Fair Use Defense Has Wings for Ravens, NFL

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A federal court affirmed Tuesday that use of the “Flying B” logo by the Baltimore Ravens and the NFL was fair use.

The United States Patent and Trademark Office has appointed a former Google executive as its new Director.  Michelle K. Lee will take over in January 2014 as Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the U.S. Patent and Trademark Office (USPTO) after serving as head of the USPTO's Silicon Valley satellite office.  Lee replaces former USPTO Director David Kappos, who was a longtime IBM executive prior to his service as Director. 

For the full USPTO press release, click here.

One of a handful of patent cases accepted by the Supreme Court this term, Icon Fitness v. Octane Health and Fitness presents the question of whether Brooks Mfg. v. Dutailier, Inc., 393 F.3d 1378 (Fed. Cir. 2005) should be overturned to the extent that it “shoehorned” the rigid, two-part test for sham litigation into the Patent Act’s test for fee shifting. The petitioner, Octane Fitness, LLC, recently filed its brief arguing that the standard should be relaxed and raises several notable points.

The Supreme Court has granted a writ of certiorari in the software patent case of Alice Corp. v. CLS Bank International, et al. (Docket No 13-298), where a divided en banc Federal Circuit could not agree on a standard for assessing patent eligibility for computer-implemented inventions under  35 USC § 101.  This case will provide a new test for the most basic provision of U.S. patent laws -- whether an invention is patent eligibile -- a threshold test that must first be met before the further requirements of novelty (§ 102) and non-obviousness (§ 103) are considered.

Friday, 06 December 2013 19:17

House Passes Innovation Act

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In a show of broad bipartisan cooperation, the U.S. House of Representatives passed the Innovation Act Thursday by a vote of 325-91.

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