Intellectual Property, Science, Computers & Technology, Administrative Law

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

USPTO Soliciting Comments on Software Patent Issues

by Karen H Bromberg, Erik Hanson | Cohen & Gresser LLP on 1/21/2013

The United States Patent and Trademark Office announced its intent earlier this month to form a “Software Partnership” with the software community in order to enhance the quality of software-related patents (the “Notice”)...more

Trade Secret Legislation May Increase Infringement Claims and Lead to a Private Right of Action

by Robert Parr, Armand Zottola | Venable LLP on 1/18/2013

Congress recently took new steps to protect trade secrets, which are generally defined as all forms or types of financial, business, scientific, technical, economic, or engineering information that the owner has taken...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

Telecommunications in the 113th Congress

by David Leiter, Jeremy Rabinovitz, Rachel Sanford | Mintz Levin - Communications on 1/16/2013

The 112th Congress saw a lot of activity focused on new and changing technologies, but few legislative breakthroughs. Early in the year, there was significant activity around intellectual property and online piracy issues,...more

D.C. Circuit Vacates Plug and Play Order and Encoding Rules Applicable to Multichannel Video Programming Distributors

by Paul Glist | Davis Wright Tremaine LLP on 1/16/2013

On Jan. 15, 2013, the United States Court of Appeals for the D.C. Circuit decided that the FCC lacked the statutory authority to adopt its 2003 encoding rules, which limit the output and copy restrictions that can be applied...more

Australian Patent Term Extension: A “Long-Term” Battle

by Alexandra Angelatos, Tom Gumley | Freehills Patent Attorneys on 1/15/2013

If it was ever in doubt as to whether an application for an extension of a pharmaceutical patent term could be late filed after the due date, this recent decision would seem to have removed it, clarifying that late filing is...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

USPTO Issues First Decision Instituting CBM

by Michelle Holoubek | Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/11/2013

On January 9, 2013, the Patent Trial and Appeal Board (PTAB) issued its first decision in a Covered Business Method Patent Review (CBM) proceeding, instituting the trial on all claims requested. The decision issued in...more

Chinese FDA Unveils Plan for Regulatory Reform

by Katherine Wang | Ropes & Gray LLP on 1/9/2013

The Chinese State Food and Drug Administration (“SFDA”) announced a plan for regulatory reform (“Reform Plan”) and is soliciting public comments through January 15, 2013. The Reform Plan sets forth the following key strategic...more

Intellectual Property in 2013

by Field Law on 1/8/2013

Infringement! Litigation! Legislation! There is never a dull moment in the wonderful world of intellectual property law, and 2013 will be no exception....more

Court Report - January 7, 2013

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

In This Issue: Life Technologies Corp. et al. v. Kappos et al.; Abbvie Biotechnology, Ltd. v. Kappos; Human Genome Sciences, Inc. v. Kappos; and Shionogi & Co., Ltd. v. Sandoz Inc. ...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

2012 Remarkable Year for U.S. Nanotechnology Patenting – Over 4,000 Nanotechnology Applications Published

by J. Steven Rutt | Foley & Lardner LLP on 1/2/2013

The nanotechnology patent filing boom continues. In 2012, the USPTO published 4,098 nanotechnology class 977 applications, which represents a 19.2% increase over last year....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

Court Report - December 30, 2012

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 12/31/2012

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company v. Kappos et al. - 1:12-cv-01491; filed December 26, 2012 in the Eastern District of...more

Intellectual Property Newsletter - December 2012

by King & Spalding on 12/29/2012

In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more

Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names

by Jeff Ifrah on 12/28/2012

Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to act against Internet...more

FTC and DOJ Explore Role of Patent Assertion Entities in the Patent Innovation Market

by John L. Cooper, Stephanie Skaff | Farella Braun + Martel LLP on 12/21/2012

On December 10, 2012, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly presented the “Patent Assertion Entities (PAEs) Activities Workshop.” This publicly-held workshop signaled a recognition by...more

“Are Human Genes Patentable?” The Supreme Court Grants Certiorari in Myriad

by Randy V. Clower | Phillips Lytle LLP on 12/20/2012

On November 30, 2012, the Supreme Court granted certiorari – in what portends to be one of the most impactful decisions in patent law history – to end the “gene patenting” debate, an issue that lower courts have measured over...more

Patent Watch: OSRAM Sylvania, Inc. v. Am. Induction Techs., Inc.

by Lawrence M. Sung | BakerHostetler on 12/18/2012

[W]e have emphatically rejected any formal burden-shifting framework in evaluating the four Graham factors [including the objective considerations of nonobviousness]. The district court's failure to consider the evidence...more

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Intellectual Property › Science, Computers & Technology › Administrative Law