Intellectual Property Newsletter - January 2013


In This Issue:

*News From the Bench

- Enough Already, Supreme Court Tells Petitioner in Mythology-Laced Opinion.

- Divided Fed. Circuit Affirms Patentability of Claims to a 12-Can Dispenser Carton.

- Reissue Patents With Broadened Claims Don’t Escape a Patent License.

- Can a Patentee Suffer Irreparable Harm, For Purposes of Injunctive Relief, When the Patent at Issue is Neither Licensed Nor Being Practiced Commercially?

*Patent Notes

- USPTO and EPO launch the new Cooperative Patent Classification (CPC) system.

*Clean Tech Bulletin

- Top Biofuels, Solar, and Wind Power Inventors of 2012.

*Quiz- Identify the IP Case in Rap Disguise.

- Excerpt from Reissue Patents With Broadened Claims Don’t Escape a Patent License.

Intel Corp v. Negotiated Data Solutions, No. 2011–1448 (Fed. Cir., December 17, 2012).

In June, 1976, Intel and National Semiconductor entered into a patent cross licensing agreement that gave Intel “non-exclusive, non-transferrable, royalty free, world-wide licenses under National’s patents and applications for the life or lives of the patents.” In 1998, National assigned several of the patents listed in the cross-licensing agreement to Vertical Networks, Inc. (“Vertical”), a corporation formed by former National engineers. Between 1998 and 1999 Vertical filed broadening reissue applications with the USPTO for three of the originally licensed patents. Vertical later assigned its originally licensed patents and reissue applications to Negotiated Data. In 2005 and 2006, after the original agreement between Intel and National had expired, the three reissue applications matured into patents.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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