Blogs
This blog is a compilation of all of the firm’s blogs. We operate three independent blogs, the ITC 337 Law Blog, the only legal blog devoted exclusively to intellectual property actions in the ITC, the Patents Post Grant Law Blog, focused on patent reexamination, reissue and the new post grant procedures introduced by the Leahy Smith America Invents Act, and the Protecting Designs Law Blog, to serve as a forum on matters involving the protection and enforcement of industrial design rights in the U.S. Other practice groups within the firm post entries on their areas of the law within this main blog.
Oblon, Spivak
May 16, 2012
In Ex parte Babcock (Case No. 2011-011726, in Application Serial No. 10/636,834, decision issued May 9, 2012), the Board reversed the Office’s rejections under 35 U.S.C. § 103(a) because the process steps recited in the Applicant’s claims were relevant to patentability and not adequately described in the cited references.
Citing In re Thorpe, the Manual states the general rule that the...
May 11, 2012
In Ex parte Fulton (Appeal 2011-001486, in U.S. Serial No. 10/839,112), involving an application which was on its third appeal, the BPAI overturned an examiner’s finding of obviousness on a claim to a method of marking a biopsy cavity inserting a bioresorbable body, comprising cellulose, into a lesion at the biopsy site.
The examiner argued that the primary reference taught every claim...
May 11, 2012
The appeal process during patent prosecution can be long and expensive. According to U.S. Patent and Trademark Office statistics, the average pendency of an appeal is over 30 months. Given this substantial time delay, and the expense associated with the appeal process, it is critical that claims in an application be in condition for appeal.
Practitioners are prepared for appeals...
ITC 337 Law Blog
May 16, 2012
On May 11, 2012, ALJ Theodore R. Essex issued Order No. 41 in Certain Handheld Electronic Computing Devices, Related Software, And Components Thereof (Inv. No. 337-TA-769).
According to the Order, ALJ Essex granted a joint motion filed by Complainant Microsoft Corporation (“Microsoft”) and Respondents Barnes & Noble, Inc. and barnesandnobile.com (collectively, “B&N”) to terminate the...
May 16, 2012
Further to our April 9, 2012 and May 3, 2012 posts, on May 11, 2012, Chief ALJ Charles E. Bullock issued Order No. 6: Setting Procedural Schedule in Certain Food Storage Containers, Cups, Plates, Cutlery, and Related Items and Packaging Thereof (Inv. No. 337-TA-835).
In the Order, ALJ Bullock determined that the evidentiary hearing will commence on October 29, 2012. The Initial Determination is...
May 16, 2012
On May 11, 2012, ALJ Theodore R. Essex issued Order No. 40 in Certain Handheld Electronic Computing Devices, Related Software, And Components Thereof (Inv. No. 337-TA-769).
According to the Order, ALJ Essex granted a motion filed by Complainant Microsoft Corporation (“Microsoft”) to terminate the investigation based on Microsoft’s withdrawal of allegations in its amended complaint against...
Patents Post-Grant
May 17, 2012
Patent Litigator Joins Post Grant Team
I take a break from the normal discussions on patentspostgrant.com to briefly announce the addition of my new partner, Mr. Michael Kiklis to the Oblon Post Grant Patent Practice Group. Mike is a preeminent specialist in the software patent space having handled a significant amount of software related patent litigation over the years. Mike has litigated...
May 16, 2012
Improvements Speed Patent Reexamination Process
At last week’s AIPLA Spring Meeting, the Director of the Central Reexamination Unit (CRU), Ms. Remy Yucel provided an update on the continued efforts of the USPTO to refine the patent reexamination process. The Director reported that the time to printing of a reexamination certificate has improved, and that the Office is continuing to...
May 15, 2012
Senate Hearing Wednesday May 16th
Tomorrow, the Senate Judiciary Committee will hold a hearing on the Implementation of the America Invents Act at 10AM. The hearing will be webcast, information is found (here).
While no agenda is yet available, it is likely that the Director of the USPTO will report on the results of the Study on Genetic Testing (AIA, Sec. 27) and perhaps other studies...
Protecting Designs
May 15, 2012
In December, 2011, Apple appealed Judge Lucy Koh's denial of a preliminary injunction in the pending lawsuit in the U.S. District Court for the Northern District of California with respect to four Apple patents:
D618,677, which is alleged to be infringed by Samsung's Infuse 4G and Galaxy S 4G smartphones;
D593,087, which is alleged to be infringed by Samsung's Infuse 4G and Galaxy S 4G...
May 4, 2012
Dyson, Inc. filed suit against Cornucopia Products in the District of Arizona to enforce design and utility patents directed to a bladeless fan. The design patents at issue, D602,143 and D605,748, both claim the ornamental design for a fan, as shown to the right. The D142 patent claim includes a cylindrical base, whereas the D748 claim is not limited by a base.
The utility...
May 1, 2012
FOSS Patents has published a list of the 50+ pending Apple-Samsung lawsuits spanning the globe. Although the timely resolution of so many lawsuits may require divine intervention, Judge Lucy Koh (who is presiding over the lawsuits in the Northern District of California) "ordered the parties to comment on their availability for an Alternative Dispute Resolution (ADR) effort," as reported by...
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