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Supreme Court Grants Certiorari in Patent...

Today the U.S. Supreme Court granted a writ of certiorari in a patent case, a rare occurrence. The Court announced that it will hear an appeal from the Court of Appeals for the Federal Circuit in Global-Tech Appliances, Inc. v. SEB S.A. The Global-Tech...

Published Tue, Oct 12 2010 3:23 PM by Thomas Lebens
"False Marking" Revisited by the...

On June 10, 2010, the United States Court of Appeals for the Federal Circuit issued a widely anticipated decision in Pequignot v. Solo Cup Co. , No. 2009-1547 (Fed. Cir. June 10, 2010). The Solo court held that marking a product with the number of an...

Published Wed, Oct 6 2010 9:17 AM by Thomas Lebens
American Needle v. NFL—The Supreme Court...

The Supreme Court’s May 24, 2010 American Needle, Inc. v. National Football League et al. , 560 U.S. ____ (2010), ruling has implications for associations that license intellectual property rights. The Court held that associations aggregating intellectual...

Published Wed, Oct 6 2010 9:16 AM by Thomas Lebens
Federal District Judge Invalidates Gene Patents

Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al. , decided March 29, 2010, is a controversial decision that calls into question the patentability of isolated genes. The U.S. District Court for the Southern...

Published Wed, Oct 6 2010 9:15 AM by Thomas Lebens
Ariad v. Eli Lilly—The Federal Circuit Confirms...

In Ariad Pharms, Inc., et. al. v. Eli Lilly and Co. , the Federal Circuit has reaffirmed, en banc , the "written description" requirement of patent law. The Ariad decision, rendered March 22, has many important ramifications, most evidently...

Published Wed, Oct 6 2010 9:13 AM by Thomas Lebens
The Supreme Court's Bilski Decision

The United States Supreme Court issued its widely-anticipated decision in Bilski v. Kappos, 561 U.S. ___ (2010). The Bilski decision addressed whether so-called “business” methods can be eligible for patent protection. Bilski is of particular...

Published Wed, Oct 6 2010 9:06 AM by Thomas Lebens
Revolution in the USPTO: New Order and Improved...

With my colleague and co-author, May Lin Dehaan, I offer the following brief perspective on the New Order in the United States Patent and Trademark Office. Please feel free to offer your comments, or questions. Intellectual property is one of the most...

Published Wed, Aug 25 2010 1:45 PM by Thomas Lebens
Recent Explosion of False Patent Marking...

A recent Federal Circuit decision, Forest Group, Inc. v. Bon Tool Co., No. 2009-1044 (Fed. Cir. Dec. 28, 2009), has invoked new interest in the “false marking” statute, 35 U.S.C. § 292. The Bon Tool decision has led to dozens of new lawsuits...

Published Mon, Mar 15 2010 7:33 PM by Thomas Lebens
The Patent Office May Have Under-Calculated...

Under Wyeth v. Kappos , decided January 7, 2010 by the Court of Appeals for the Federal Circuit (Federal Circuit), if your U.S. patent failed to issue within three years from the filing date, the Patent & Trademark Office (PTO) may have under-calculated...

Published Fri, Jan 22 2010 4:55 PM by Thomas Lebens

Filed under: patent term adjustment weyth
International Seaway Trading Corp. v. Walgreens...

In a recent opinion, the Court of Appeals for the Federal Circuit has clarified the standard for determining validity of a design patent. In International Seaway Trading Corp. v. Walgreens Corp., the court eliminated the “point of novelty”...

Published Fri, Jan 22 2010 4:49 PM by Thomas Lebens

Filed under: design patent