USPTO Posts Comments on Genetic Diagnostic Testing by McDonnell Boehnen Hulbert & Berghoff LLP on 5/23/2012 As part of its efforts to implement the Leahy-Smith America Invents Act, the U.S. Patent and Trademark Office issued a Federal Register notice (77 Fed. Reg. 3748) earlier this year indicating that the Office had begun to...more
Federal Circuit Ruling Clarifies Recapture Rule For Reissue Claims Of Intermediate Scope by Ropes & Gray LLP on 5/23/2012 On May 8, the Federal Circuit in In re Youman, No. 2011-1136, 2012 WL 1598089, clarified years of recapture law by vacating a decision of the Board of Patent Appeals and Interferences that rejected reissue claims being...more
USPTO to Raise Patent Fees A Bit More by McDonnell Boehnen Hulbert & Berghoff LLP on 5/22/2012 Last week, the U.S. Patent and Trademark Office published a notice if the Federal Register (77 Fed. Reg. 28331) proposing another increase in patent fees. The newly proposed adjustment in fees, which would go into effect on...more
mHealth Stakeholders: Bullet List of Legal Considerations by Duane Morris LLP on 5/22/2012 You are a device maker, an app or software developer, a potential investor, a healthcare provider, a healthcare payor or an insurer and you see opportunities in mobile health (mHealth). You have an idea for a revolutionary...more
gTLD Launch: An Update on the TAS Interruption by Mintz Levin - Intellectual Property on 5/18/2012 As previously posted, ICANN’s TLD application system (“TAS”) has been plagued by a “technical glitch ” that has caused the online application system for new generic top level domains (gTLDs) to be taken offline in order to...more
In re Baxter International, Inc. (Fed. Cir. 2012) by McDonnell Boehnen Hulbert & Berghoff LLP on 5/18/2012 In a dissent from the Federal Circuit's affirmance of a Board determination of obviousness, Judge Newman raises a jurisdictional and separation-of-powers argument in In re Baxter International, Inc. that is destined to be...more
Federal Circuit Addresses Recapture Rule in Patent Reissue Proceedings by K&L Gates LLP on 5/18/2012 In its May 8 opinion In re Youman, the U.S. Court of Appeals for the Federal Circuit bolstered the utility of reissue proceedings as a means to broaden the scope of claims of issued U.S. patents. The Federal Circuit adopted a...more
ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators by Potter Anderson & Corroon LLP on 5/18/2012 Representing a compromise in the pharmaceutical industry in balancing patent exclusivity against market competition, the effect of the Drug Price Competition and Patent Term Restoration Act (commonly known as the Hatch-Waxman...more
A Sea Change in the Safe Harbor by Manatt, Phelps & Phillips, LLP on 5/17/2012 To the delight of content owners everywhere, the Second Circuit Court of Appeals has become the first court in the country to rule that Internet Service Providers (ISPs) can be liable for copyright infringement even if they...more
ACTA: The Public Revolt by Ladas & Parry LLP on 5/17/2012 The Anti-Counterfeiting Trade Agreement (ACTA) is the latest and most far-reaching attempt to harmonize intellectual property enforcement and strengthen anti-counterfeiting efforts across the globe. As of May 2012, the...more
USPTO Seeks Comments on New Sequence Listing Standard by McDonnell Boehnen Hulbert & Berghoff LLP on 5/16/2012 The U.S. Patent and Trademark Office published a notice published in today's Federal Register (77 Fed. Reg. 28541) seeking comments regarding an international effort to revise the standard for Sequence Listing submissions. ...more
In re Montgomery (Fed. Cir. 2012) by McDonnell Boehnen Hulbert & Berghoff LLP on 5/15/2012 In an otherwise unremarkable case of a PTO rejection based on anticipation, Judges Dyk and Lourie engaged in an interesting colloquy on the proper interpretation of what constitutes inherent anticipation, in In re Montgomery....more
Inventors Should File Patent Applications As Soon As Possible by Fox Rothschild on 5/15/2012 Originally published in Daily Business Review on May 9, 2012 The U.S. patent system will transition from a "first-to-invent" system to a "first-to-file" system on March 16, 2013. This is the most significant change...more
Commerce Department Reports On The Impact Of Intellectual Property On The U.S. Economy By Augustine Lo by King & Spalding on 5/15/2012 On April 11, 2012, the Economics and Statistics Administration and the U.S. Patent and Trademark Office released a report entitled “Intellectual Property and the U.S. Economy: Industries in Focus.” The report describes in...more
gTLD Batching Update: Digital Archery Services Available at a Price by Mintz Levin - Intellectual Property on 5/14/2012 As ICANN struggles to get its application system back online, companies have begun lining up to make a profit off of the peculiarities of the application process itself. Pool.com, a domain name drop catch service provider,...more