Administrative Law, International Law & Trade, Intellectual Property

ITC Section 337 Update - April 15, 2013

by King & Spalding on 4/19/2013

Commission Notice In 874 Investigation Directing Early Determination Whether NPE Complainant Satisfied Domestic Industry Requirement – On March 22, 2013, the Commission issued a Notice instituting Certain Products...more

Obama Administration Reports on Efforts to Prevent Trade Secret Misappropriation

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/26/2013

The Obama Administration issued a Report earlier this month, entitled "Administration Strategy on Mitigating the Theft of U.S. Trade Secrets," that sets forth its efforts to prevent trade secret misappropriation. The Report...more

Member States Sign Agreement to Establish Unified Patent Court

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 2/22/2013

On Tuesday, the Council of the European Union announced that twenty-four member states had signed the international agreement that would establish a Unified Patent Court (UPC), a specialized court having exclusive...more

IP 101 – 10 Things You Should Know About Patents to Protect Your Business

by Knobbe Martens Olson & Bear LLP on 1/18/2013

1. What is a patent? A patent is a right granted to inventors by the government to exclude others from making, selling, offering for sale, using, or importing an invention. The U.S. Government has issued over eight...more

The Patent Prosecution Highway Pothole for Pharmaceutical Patents

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 1/17/2013

The USPTO promotes the Patent Prosecution Highway (PPH) as a way to “fast-track” a U.S. patent application when a corresponding foreign application has been allowed, or when a corresponding PCT application has received a...more

Consider Filing U.S. Patent Applications Before March 16

by Doreen Trujillo | Saul Ewing LLP on 1/17/2013

MARCH 16, 2013 is the effective date for major changes made to the U.S. Patent Act by the America Invents Act (“AIA”). These changes should motivate inventors to consider filing their patent applications before the changes...more

Chinese Government Decision May Help Brands Protect Themselves

by Stephanie Cohen, Harley Lewin | McCarter & English, LLP on 1/14/2013

Anyone trying to stop Chinese counterfeiters learns almost immediately that most of the information that would ordinarily identify China-based owners of a URL or website is false. That makes it costly or impossible to...more

Justice Department and Patent Office Issue “Policy Statement” Regarding Remedies for Standards-Essential Patents

by John L. Cooper, Alex Reese | Farella Braun + Martel LLP on 1/11/2013

In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement...more

USPTO News Briefs - January 08, 2013

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 1/9/2013

USPTO and EPO Announce Formal Launch of Cooperative Patent Classification System - On January 2, both the U.S. Patent and Trademark Office and European Patent Office announced the formal launch of the Cooperative Patent...more

IP 101 – 10 Things to Know About Trademarks

by Knobbe Martens Olson & Bear LLP on 1/8/2013

1. What is a trademark? A trademark is a brand name for a product. It can be a word, phrase, logo, design, or virtually anything that is used to identify the source of the product and distinguish it from competitors’...more

News from Abroad: Availability of Documents at the EPO -- EPO Board of Appeal Decision T1839/11

by McDonnell Boehnen Hulbert & Berghoff LLP on 1/7/2013

Originally published in Forresters on January 6, 2012. Background: The patent - NovozymesFollowing grant of a patent to Novozymes in November 2009, the patent was asserted in Denmark, Germany, the Netherlands...more

A New Design Patent International Filing Treaty

by James Johnson, Jeremy Spier, William Warren | Sutherland Asbill & Brennan LLP on 1/5/2013

A new system for international design patent registration will greatly benefit design innovators through cost and timing efficiencies. In December 2012, President Obama signed into law the Patent Law Treaties Implementation...more

President Obama Signs into Law the Theft of Trade Secrets Clarification Act

by Mike Delikat | Orrick - Global Employment Law Group on 1/4/2013

On December 28, 2012, President Obama signed into law the Theft of Trade Secrets Clarification Act. The Act amends the Economic Espionage Act of 1996 (EEA) and expands the jurisdiction of federal courts over cases concerning...more

"Recent Amendment to the Economic Espionage Act Extends Protection Against Misappropriation"

by Stacey Cohen, Daniel DeVito, James Elacqua, Edward Filardi, Douglas Nemec, P. Anthony Sammi, Andrew Thomases | Skadden, Arps, Slate, Meagher & Flom LLP on 1/4/2013

On December 28, 2012, President Obama enacted the Theft of Trade Secrets Clarification Act of 2012. The Act clarifies the scope of Section 1832 of the Economic Espionage Act and attempts to reverse the Second Circuit’s recent...more

Supporting Claim Amendments Around The World – Seriously

by Tom Kohler | Downs Rachlin Martin PLLC on 1/3/2013

This post takes us down a road we don’t frequently travel here at the IP Stone. So, to those who don’t consider themselves patent geeks (excluding closet patent geeks who refuse to acknowledge their true nature), my...more

Upcoming Patent Law Changes Will Put Pressure on Patents

by John Griem, Jr. | Loeb & Loeb LLP on 1/2/2013

Originally published in Pharmaceutical Outsourcing’s website on December 2012. Patent law is changing rapidly. The changes are putting even greater pressure on patents as a tool for protecting a pharmaceutical or...more

A further (small) step forward towards an EU-wide unitary patent system

by Ian Forrester, James R.M. Killick, Dr. Assimakis Komninos, Jacquelyn F. MacLennan, Mark D. Powell, Axel P. Schulz | White & Case LLP on 12/20/2012

On 11 December 2012, Advocate General Bot gave his Opinion on Joined Cases C- 274/11 and 295/11, proposing that the Court of Justice of the European Union (“ECJ”) dismiss the cases brought by Spain and Italy challenging the...more

The European Unitary Patent And Unified Patent Court System Update

by Freehills Patent Attorneys on 12/20/2012

The European Parliament has today voted in favour of the proposed Regulation establishing a unitary patent right (UP) across 25 of the EU Member States (excluding Spain and Italy currently) using the enhanced cooperation...more

Patent Treaty Implementation Act Eases Foreign Design Patent Filings

by Jake Neu | Bradley Arant Boult Cummings LLP on 12/14/2012

After a long delay, the United States will soon implement two multilateral treaties that will assist U.S. applicants in securing design and utility patents in foreign countries. The Hague System Agreement will allow design...more

European Parliament Adopts Draft Regulations on Unitary Patent

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 12/13/2012

On Tuesday, the European Patent Office reported that the European Parliament in Strasbourg had adopted two draft regulations on the creation of the unitary patent. The EPO hailed the adoption of the draft regulations as "a...more

EU Moves Closer to a "Unitary" Patent Regime for Obtaining and Litigating Patents in Europe

by Andrew S. Baluch, Jeanne M. Gills, Rouget F. Henschel, Stephen B. Maebius | Foley & Lardner LLP on 12/13/2012

On December 11, 2012, the European Parliament approved a set of three proposals to create (1) a “unitary” patent valid across 25 EU member states, (2) a simplified language regime for EU patents, and (3) a unified patent...more

News from Abroad: Unitary Patent & Unified Patent Court

by McDonnell Boehnen Hulbert & Berghoff LLP on 12/13/2012

Originally published from IPCopy blog on December 12, 2012. Last week the pan-European Intellectual Property Summit (IP Summit) was held in Brussels and the first morning of the summit saw a number of discussions...more

Let The Race Begin: U.S. Joins The World In Rewarding The First Inventor To File

by Karl Klassen | Perkins Coie on 12/13/2012

On March 16, 2013, the America Invents Act (AIA) changes U.S. patent law from a first-to-invent system to a first-inventor-to-file system, which moves U.S. patent law into closer harmony with most industrialized nations...more

SIPO's Draft Measures on Service Invention

by Harris Gao | Sheppard Mullin Richter & Hampton LLP on 12/12/2012

On November 12, the State Intellectual Property Office (SIPO) released the Draft Measures on Service Invention«????????(?????)»(the “Draft Measures”) for public comments. Generally speaking, the Draft Measures enhance the...more

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Administrative Law › International Law & Trade › Intellectual Property