While perhaps far from over given the routine appeals of patent infringement decisions, the August 24, 2012 verdict awarding Apple $1 Billion in damages against Samsung in U.S. District Court signaled a major event in the evolving global patent landscape for mobile device technology. This particular case involved patents and trade dress for Apple’s iPhone and iPad and, in addition to the jury’s monetary damages award, Apple is also seeking to stop sales of several competing products offered by Samsung.

Composition claims to "isolated" DNA molecules are patent eligible under 35 USC 101 as nonnaturally occurring compositions of matter -- this, among other decisions, is what the Court of Appeals for the Federal Circuit ("CAFC") published in its opinion of August 16, 2012.

The U.S. Patent and Trademark Office ("USPTO") has published a set of new patent-related forms which will accommodate new rules that will soon go into effect under the America Invents Act ("AIA").

Tuesday, 14 August 2012 14:20

PATENT CHANGES COMING IN SEPTEMBER

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The U.S. Patent and Trademark Office ("USPTO") has published its final rules for the implementation of certain provisions of U.S. patent law as reformed under the America Invents Act ("AIA") that become effective on September 16, 2012.  As noted in previous blog posts, the AIA was passed last year to revamp the U.S. patent system in stages, with various provisions going into effect at different times.  While some changes have already occurred, many significant changes will become effective on September 16, 2012, including the following:

On Friday, the Federal Circuit heard oral arguments once again in the case of Association for Molecular Pathology v. Myriad Genetics, Inc. (the "Myriad case"). Last April, the Federal Circuit held its first round of oral arguments and decided that "isolated" DNA molecules do not exist in nature, and are therefore patent-eligible subject matter under 35 USC 101, and that Myriad's claims to a method for screening potential cancer therapeutics via changes in cell growth rates is not merely a scientific principal, and therefore are also patent-eligible under 35 USC 101. AMP appealed to the U.S. Supreme Court, who remanded the case back to the Federal Circuit to consider whether the recent U.S. Supreme Court decision of Mayo v. Prometheus (which dealt with the patent eligibility of diagnostic method claims) has any bearing on the Myriad case. After briefing on this point, each side had an opportunity to argue their respective positions.
Thursday, 28 June 2012 14:18

CRACKING DOWN ON TRADEMARK REGISTRY SCAMS

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Trademark registry scams, in which private companies send unsolicited correspondence to a trademark registration holder seeking money in exchange for registering the trademark with U.S. Customs or including the trademark in a catalogue, have become increasingly prevalent since 2010. Most troubling about these scams is that the letters are designed to look like official correspondence from the Trademark Office, when in reality they are entirely unrelated. The “benefits” they portend to offer have no value, since trademark registrations are already publicly available through the official U.S. Patent & Trademark Office website. Some of these companies include:

On June 13, 2012, in what was referred to as “Reveal Day” for the new generic Top-Level Domain program, ICANN posted the names of the 1,930 proposed gTLDs together with applicant information for applications received in the first application window.

Colombia recently became the 87th member to join the Madrid Protocol for the International Registration of Marks, effective August 29, 2012.  Administered by the World Intellectual Property Organization, the Madrid System for the International Registration of Marks (“Madrid system”) is designed to provide a cost-effective and efficient way for trademark holders to secure and maintain protection for their marks in multiple countries.