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Archive for the ‘Jurisdiction’ Category

By Michelle Berger Congressional Bills: Heading Down the Series of Tubes Near You? On October 2, The Washington Post reported that the recent proposed health care legislation has re-sparked debate over openness and online information availability in Congress.  A group of 180 members of Congress have signed a petition to require that all bills be placed online for at least 72 hours before voting.  Advocates say this would allow greater government transparency and give legislators time to actually read the ... Read More...
Posted On Oct - 8 - 2009 Comments Off READ FULL POST
Public Accessibility Prior to Patent By Stuart K. Tubis – Edited by Caity Ross In re Lister, No. 2009-1060 (Fed. Cir. Sept. 22, 2009) Slip Op. The United States Court of Appeals for the Federal Circuit, siding with Dr. Lister, vacated and remanded the Board of Patent Appeals and Interferences decision, which had affirmed an examiner’s rejection of Dr. Lister’s patent application under 35 U.S.C. § 102(b). The Federal Circuit held that the Board of Patent Appeals and Interferences erred ... Read More...
Posted On Oct - 6 - 2009 Comments Off READ FULL POST
By Sharona Hakimi EU Court Advisor Supports Google Keyword Searches in Trademark Suit On September 22, Reuters reported that an advocate general to the European Court of Justice, the EU’s highest court, stated that Google did not infringe trademark rights of luxury goods maker Louis Vuitton (LVMH). Google sells keywords that use the company’s trademarks, but Advocate General Poiares Maduro concluded that trademark protections do not extend to search advertising keywords because they are not considered a product sold to ... Read More...
Posted On Oct - 5 - 2009 Comments Off READ FULL POST
The Federal Circuit Provides Protection to Medical Diagnostics By Brittany Blueitt – Edited by Caity Ross Prometheus Labs., Inc. v. Mayo Collaborative Servs., Case No. 2008-1403 (Fed. Cir. Sept. 16, 2009) The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed the ruling of the United States District Court for the Southern District of California granting summary judgment of invalidity of U.S. Patents 6,355,623 (“the ’623 patent”) and 6,680,302 (“the ’302 patent”) under 35 U.S.C. § 101. ... Read More...
Posted On Oct - 3 - 2009 Comments Off READ FULL POST
CAFC Requires a Clear and Convincing Intent to Deceive By Adrienne Baker – Edited by Stephanie Young In re Bose Corp., No. 2008-1448, 2009 WL 2709312 (Fed. Cir., Aug. 31, 2009). Opinion On August 31, the Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the Trademark Trial and Appeal Board (“TTAB”) decision, which ruled that fraud is committed when a registrant or applicant makes material misrepresentations it knows or should have known to be false or misleading.  ... Read More...
Posted On Sep - 14 - 2009 Comments Off READ FULL POST
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