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Archive for the ‘USPTO’ Category

Federal Circuit Flash Digest: News in Brief 

By Amanda Liverzani

Dismissal of Trademark Registration Opposition Affirmed Despite Pronunciation Error

Non-Infringement of Cellular Network Patents Affirmed

Federal Circuit Finds it Lacks Subject-Matter Appellate Jurisdiction Over Patent Infringement Case
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Posted On Jul - 21 - 2014 Add Comments READ FULL POST

USPTO’s post-Alice guidance on patenting claims involving abstract ideas.
By Max Kwon – Edited by Sarah O’Loughlin

In response to Alice Corp. v. CLS Bank, the USPTO issued a memorandum stating that it will now require that all claims involving abstract ideas for subject matter eligibility be analyzed under the framework outlined in  Mayo Collaborative Services. Although this approach adopts a single analysis, it remains to be seen whether the test will provide enough guidance to both patentees and courts for determining what qualifies as a patentable claim involving an abstract idea.

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Posted On Jul - 7 - 2014 Add Comments READ FULL POST

Written Description Problems of the Monoclonal Antibody Patents after Centocor v. Abbott 

Written By: Hyeongsu Park - Edited By: Kendra Albert

The market for therapeutic antibodies is projected to reach hundreds of billion dollars within the next several years. In Centocor v. Abbott, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that a patentee cannot claim an antibody unless the specification describes it, even if he/she fully characterizes the antigen, and the court vacated a $1.67 billion jury verdict, the largest patent infringement award in U.S. history.

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Posted On Mar - 13 - 2014 Comments Off READ FULL POST

Garmin Prevails in First Inter Partes Patent Review
By James Grace – Edited by Kathleen McGuinness

The Patent Trial and Appeal Board (“PTAB”), in its first inter partes review under 35 U.S.C. 311, held in favor of Garmin, a GPS technology developer. PTAB cancelled three claims of a speed limit indicator patent held by Cuozzo Speed Technologies LLC, finding it obvious under 35 U.S.C. 103. Cuozzo’s Motion to Amend the patent to substitute the three impugned claims was denied.

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Posted On Nov - 19 - 2013 Comments Off READ FULL POST

The TTAB’s Dangerous Dismissal of ‘Doubt’

Written By: Charles Colman, Acting Assistant Professor at NYU School of Law

Edited By: Elise Young

On September 30, 2013, the Trademark Trial and Appeal Board[1] issued a troubling decision in In re Bottega Veneta Int’l S.a.r.l. Viewed in a broader context, the decision reflects the Board’s growing reluctance to apply the doctrine of “aesthetic functionality” in ex parte prosecution proceedings to bar the issuance of potentially anticompetitive trade-dress registrations.

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Posted On Nov - 12 - 2013 Comments Off READ FULL POST
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