Patent & IP news for December 6, 2012

Patent Litigations



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post image Patent Application Outcomes: Rising Allowances and Falling Abandonments from

By Dennis Crouch The USPTO patent allowance rate has seen a steady rise since David Kappos took the helm as Director in 2009. Early-on Kappos announced that his version of patent quality meant that bad ...

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post image NBC’s Animal Practice TV Show Sued For Copyright Infringement from

DuckHole, Inc. is the copyright assignee in a treatment for a television series entitled “Pets,” created by Paul J. Andre in 2010. Mr. Andre, however, did the unthinkable: he registered his treatment with the Writers ...

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UPDATE: Patent Law Treaties Implementation Act of 2012 from

As reported on Patently-O, the House passed S. 3486, which was originally passed by the Senate in September. The bill provides for implementation of the Hague Agreement Concerning International Registration of Industrial Designs and the ...

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Solicitor General Counsels against Certiorari Grant on Claim Construction from

By Kevin E. Noonan -- There are more issues in patent law that the Supreme Court may consider than those raised by Association for Molecular Pathology v. Myriad Genetics, and as if to illustrate that point ...

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Forfeiting the Future Over Irrational Fear of Software Patents from

If you haven't noticed America doesn't make anything any more, at least nothing that is tangible. Everything we buy is made in China, or Mexico or Viet Nam or somewhere else. The U ...

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U.S. v. Aleynikov Redux: Senate Closes Loophole in EEA from

This past spring, we reported the Second Circuit’s reversal in U.S. v. Aleynikov, where the Court considered violations of the Economic Espionage Act of 1996 (“EEA”), 18 U.S.C. § 1832, and the ...

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ALJ Bullock Grants Complainants’ Motion To Compel In Certain Ink Application Devices (337-TA-832) from

On December 4, 2012, Chief ALJ Charles E. Bullock issued Order No. 15 granting Complainants MT.Derm GmbH and Nouveau Cosmetique USA, Inc. (“Complainants”) motion to compel Respondent T-Tech Tattoo Device, Inc. (“T-Tech”) to respond ...

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The Consequences of One Bad Document Translation from

Professional human translation is critical in the business world, especially when legal or business decisions will be made based off the translated documents.  A company also needs to be sure that qualified translators are utilizing ...

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Patent Law Changes – Claims Unnecessary to Obtain a Filing Date from

On Wednesday, December 5, 2012, the House of Representatives passed two bills that are now await President Obama's signature. The bill — S. 3486— implements both the Patent Law Treaty (PLT) and the Hague Agreement ...

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Request for Comments on Request for Continued Examination (RCE) Practice from

By Dennis Crouch USPTO Deputy Director Teresa Stanek Rea recently published a notice and RFC on the future of Requests for Continued Examination (RCEs). In my view, RCEs are not particularly a problem per se ...

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I invented that! Challenging inventorship to a U.S. patent from

A recent court decision sheds light on a not-often-used section of the Patent Act:  Section 256, which provides a private right of action for correcting inventorship of an issued patent. Section 256 states that: Whenever ...

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Product Hopping -- The FTC Weighs In from

by Alex Menchaca "Product hopping" is the practice of changing the formulation of an approved Reference Listed Drug to stay one step ahead of the generics seeking to compete with the RLD. In July, Mylan ...

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