IP Update, Vol. 14, No. 12, December 2011


In This Issue:


Stepping Over the Line: Can an Administrative Agency Overturn a Court’s Ruling?; ITC Issues General Exclusion Order Based on Respondents’ “Willful Blindness” and Potential to Evade Order; Equitable Claim to Patent Title Insufficient for Standing; Cost-Shifting for Use of an Electronic Document Database Trumped by Parties’ Agreement to Share Costs; Prior Conception and Reduction to Practice Defeats Invention; Defendants’ State of Incorporation Is Entitled to Little Weight in Transfer-of-Venue Analysis; and Amazon’s ‘One-Click’ Patent Still Alive in Canada


Apple Denied Rights to “iPad” Trademark in China

Excerpt from Stepping Over the Line: Can an Administrative Agency Overturn a Court’s Ruling?

Addressing the patentability of an issued patent following a reexamination, the U.S. Court of Appeals for the Federal Circuit upheld a finding of invalidity following an appeal of a reexamination from the U.S. Patent and Trademark Office (USPTO) Board of Patent Appeals and Interferences (the Board), 11 years after the Federal Circuit, in an appeal from a district court, held the same patent valid! In Re Construction Equipment Company, Case No. 10-1507 (Reexamination Control No. 90/008,447) (Fed. Cir. Dec. 15, 2011) (Prost, J.) (Newman, J. dissenting).

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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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