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Archive for the ‘Patent’ Category

House Passes Patent Reform – Keeps Senate’s “First-To-File”, Differs on PTO Funding By Albert Wang – Edited by Matt Gelfand H.R. 1249 – Leahy-Smith America Invents Act Bill Govtrack.us Summary On June 23, 2011, the House passed the Leahy-Smith America Invents Act. Sponsored by House Judiciary Committee Chairman Lamar Smith (R-Tex.) and passed by a vote of 304 to 117, the legislation implements a first-to-file system, a post-grant review system, and a fund for PTO fees, among other procedural changes. ... Read More...
Posted On Jul - 5 - 2011 1 Comment READ FULL POST
by Vivian Tao House Passes Patent Reform Bill; Senate and House Versions To Be Reconciled A few months after the American Invents Act had passed in the Senate, the House voted to pass its version of the bill this week. The controversial bill would overhaul certain areas of the patent system, such as switching from a first-to-invent to a first-to-file system. However, according to Patent Docs, the ACLU and other groups are more concerned that passage of the bill could ... Read More...
Posted On Jun - 27 - 2011 Comments Off READ FULL POST
Supreme Court Holds Bayh-Dole Act Does Not Independently Vest Ownership to Federally Funded Contractors By Daniel Robinson – Edited by Esther Kang Bd. of Tr. of Leland Stanford Junior Univ. v. Roche Molecular Sys., Inc., 563 U.S. ____ (June 6, 2011) Slip Opinion (via supremecourt.gov) The Supreme Court affirmed the Federal Circuit, which had held that the Bayh-Dole Act did not void an inventor’s assignment of intellectual property rights to a company. The Court held in a 7-2 decision that ... Read More...
Posted On Jun - 16 - 2011 Comments Off READ FULL POST
Supreme Court Affirms Clear and Convincing Standard for Patent Invalidity Defenses By Samantha Kuhn – Edited by Esther Kang Microsoft Corp. v. i4i Ltd. P’ship, No. 10–290 (U.S. June 9, 2011) Slip Opinion (via supremecourt.gov) On June 9, the Supreme Court affirmed a district court’s jury instructions requiring that the evidence of patent invalidity be “clear and convincing” for the invalidity defense against infringement to be successful. In a unanimous decision, the Supreme Court held that the presumption of validity ... Read More...
Posted On Jun - 15 - 2011 Comments Off READ FULL POST
Supreme Court Adopts “Willful Blindness” Standard for Induced Infringement By Raquel Acosta – Edited by Matt Gelfand Global-Tech Appliances, Inc. v. SEB S. A., 563 U. S. ____ (May 31, 2011) Slip Opinion The Supreme Court affirms the result but not the “deliberate indifference” standard used by the Federal Circuit. In an 8-1 decision the Supreme Court held that, under 35 U. S. C. § 271(b), inducement of infringement requires that a defendant have knowledge that the acts they induced ... Read More...
Posted On Jun - 10 - 2011 Comments Off READ FULL POST
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