Posts in Courts

Awaiting Kappos’ Decision on Claims and Continuations

On Thursday, August 13, 2009, U.S. Secretary of Commerce Gary Locke conducted a ceremonial swearing-in of Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. In his remarks before thousands of employees on the USPTO campus, Secretary Locke said “David is taking on a big job… Promoting and protecting U.S. inventions, innovation and creativity directly…

Callaway Golf Loses Jury Verdict at the Federal Circuit

UPDATED: 8/15/09 @ 12:41pm – See: comment 1 In November 2008, the entered a permanent injunction in favor of Callaway at the conclusion of a patent infringement lawsuit in which Acushnet’s Pro V1 ball was found to infringed several patents obtained by Callaway when it bought Top Flite.  Originally, Callaway Golf Company brought suit against Acushnet Company, alleging that Acushnet…

Accelerated Exam in Inequitable Conduct Friendly Era

The United States Patent Office announced on March 13, 2007 that it had just issued the first patent granted under the then newly minted accelerated examination program, which was first brought into effect in August of 2006. The patent in question, , U.S. Patent No. 7,188,939, was granted to Brother International, Ltd. from an application filed on September 29, 2006,…

Upcoming PLI Patent Programs

Patent Bar Review September 22-26, 2009, New York City In clear, concise, right-to-the-point language, this information-packed course leads you through the intricacies – and around the traps – of the Patent Bar Exam. You’ll get the hard facts, test-taking tips, sample questions and answers, and intense practice exams that mirror what you’re going to face when you sit down to…

PLI Publishes 2009 Federal Circuit Yearbook

Each year, the Federal Circuit Yearbook provides a concise, comprehensive review of every patent decision published by the U.S. Court of Appeals for the Federal Circuit during the preceding year. The 2009 Federal Circuit Yearbook is now available, and includes all the information you need to catch up with what the Federal Circuit has been doing over the previous year. …

Inequitable Conduct Ruling Gives Pleading Rules Real Teeth

Dr. Chris Mammen On August 4, 2009, the Federal Circuit decided Exergen Corp. v. Wal-Mart Stores, Inc., et al., Case Nos. 2006-1491, 2007-1180 (Fed. Cir. 2009). In a post to this blog several months ago, I argued that Congress, the Supreme Court or the Federal Circuit should reform the doctrine of inequitable conduct this year, to rein in the resurgent…

Another KSR Retrospective

On that fateful day some 27 months ago, April 30, 2007 to be precise, the United States Supreme Court decided that the well established and functional bright line rule for obviousness was too rigid.  No longer must there be a teaching, motiviation or suggestion to render an invention unpatentable for obviousness reasons.  No in this new brave world we need…

KSR Day at the NAPP Conference in San Diego

I am still in San Diego, California at the Annual Conference of the National Association of Patent Practitioners, which is being held at the Embassy Suites Hotel, which is roughly across the street from the U.S.S. Midway.  The conference has been a good one with some excellent presentations.  This morning there was a Bilski presentation, and since then we have…

Federal Circuit to Rehear Tafas and GSK v. Doll

On Monday, July 6, 2009, the United States Court of Appeals for the Federal Circuit (minus Judge Lourie who did not participate in the poll of judges) decided to rehear the claims and continuations rule challenge of Tafas and GlaxoSmithKline en banc.  Additionally, the CAFC has vacated the panel decision that awarded a victory to the USPTO.  The date of…

Obscure Patents: KSR Does Not Mean Much

So much has been made about the United States Supreme Court’s decision in KSR v. Teleflex, which happened just over 2 years ago. Occasionally I like to take a look at how the Patent Office is handling KSR. Admittedly, this is not a scientific study, and is more aimed at having fun and perhaps also explaining so we never forget just how absurd the Supreme Court’s decision in KSR actually was. Those familiar with the KSR decision and history will recall that the non-patent experts on the Supreme Court, including Justice Antonin Scalia who openly admitted he didn’t understand patent law during oral arguments — calling patents “gobbledygook,” decided to completely do away with an objective, understandable and repeatable test in favor of a completely subjective test without any concrete boundaries. Yes, in their infinite wisdom the Supreme Court decided that the law of what is obvious should be conducted on a case by case analysis and an invention is obvious if it is “common sense.”

The History of Gene Patents Part I

First, let me say that it is really a complete misnomer to refer to “gene patents” because despite what the popular press may write, and perhaps believe, genes are not patented.  Nevertheless, I will cave into the masses and concede (at least for now) the linguistic high ground and refer to gene-related innovations that are examined by patent authorities and…

Supreme Court Ignores US Constitution

By now you have probably heard that the United States Supreme Court lifted the stay Ordered by Justice Ginsberg late on Monday and the bankruptcy deal that will give Chrysler to Fiat, UAW workers and the US and Canadian governments is now clear to go through, most likely on Wednesday, June 10, 2009.  I will not call this deal a…

Wakeboard Inventor Cannot Correct Patent Inventorship

Borden Larson appealed the decisions of the United States District Court for the Middle District of Florida that granted summary judgment in favor of Defendants-Appellees Correct Craft, Inc. William Snook, and Robert Todd. Larson originally filed suit in Florida state court, alleging multiple fraud-based claims under state law, seeking rescission of several patent assignments he executed and requesting declaratory judgments…

Tafas Requests Rehearing of Claims & Continuations Ruling

As soon as I learned that the date for requesting rehearing or en banc consideration of the Federal Circuit ruling in the GSK and Tafas appeal of the claims and continuations rules was pushed back to June 3, 2009, I said to myself, of course!  Important things always seem to pop up while I am on the road teaching the…

Patent Ignorances Shows Regarding Inequitable Conduct

Those who are not familiar with patent law should not comment on patent law as if they are experts, announcing ridiculous propositions that they don’t understand.  It is silly for the many commentators and journalists out there to think that they can read a little about patent law and become conversant in the intricacies, offer opinions and suggestions and portray…