The Supreme Court of the United States (“SCOTUS”) has unequivocally addressed the current standard of review for patent claim construction. Accordingly, the Court has held that a Federal Appellate Court can only overturn a District Court’s factual findings, if those findings were determined to be clearly erroneous. As such, this new standard transforms the de novo standard used by the Federal Circuit when reviewing patent claim construction.
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USPTO to Discuss Privilege Issues Regarding Communications between Clients and their Patent Advisors
The United States Patent and Trademark Office (“USPTO”) is in quest to deliberate on issues concerning protections from disclosure for communications between patent applicants and their patent advisors. More specifically, the USPTO is commencing a discussion on whether and to what extent the U.S. Courts should recognize privilege for communications between U.S. patent practitioners and their clients in foreign jurisdictions; U.S. applicants and their “non-attorney” U.S. patent agents; and between foreign patent practitioners and their clients.
Firm attorneys John Malloy and Meredith Frank were featured speakers at the The School Board of Miami-Dade County, Florida “Intellectual Property Seminar” on February 7, 2015. Also in attendance were representatives of other South Florida School Boards and Universities, as well as the Education Law Committee of the Florida Bar, to receive “guidance on organizing an educational branding and advertisement program, and on managing a successful trademark licensing program.” Other speakers included Paul Stern, Esq., in-house counsel for the University of Florida. The seminar was approved by the Florida Bar for continuing legal education (CLE) credits.