Patent Law Updates

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Bilski v. Kappos: Machine-or-Transformation Test Is Not the Sole Test for Patentability

By Yuri Mikulka, Thomas F. Zuber, and Benjamin C. Deming of Zuber & Taillieu LLP

In a long-awaited opinion, the U.S. Supreme Court affirmed the Federal Circuit Court’s ultimate holding in In Re Bilski, but held that the Federal Circuit’s machine-or-transformation test is not the sole test for patentability of a claimed process. Bilski v. Kappos, ___ U.S. ___, 2010 WL 2555192, No. 08-964 (June… More...

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New Jobs Initiative Restricts Foreign Access to Pending Patent Applications

Strategic Manufacturing & Job Repatriation Act  |  H.R. ______  |  7/29/2010

The Strategic Manufacturing & Job Repatriation Act seeks to develop a national manufacturing strategy to create American jobs. More...

Patent and Trademark Office Funding Stabilization Act Gives USPTO Authority to Set Fees and Impose Surcharges

Patent and Trademark Office Funding Stabilization Act  |  H.R.____  |  5/18/2010

U.S. House of Representatives Judiciary Committee Chairman John Conyers, Jr. (D-Mich.) and Committee Ranking Member Lamar Smith (R-Texas) have introduced the Patent and Trademark Office Funding Stabilization Act. More...

USPTO Releases Its Position on Manager’s Amendment to S.515

USPTO’s Position on Patent Reform Act of 2010  |  Manager’s Amendment to S.515  |  4/21/2010

U.S. Secretary of Commerce Gary Locke submitted a letter to members of the Senate Judiciary Committee expressing the administration’s view that the draft Manager’s Amendment to existing Senate patent reform legislation will make the reforms more effective upon implementation. Reforming the patent system will accelerate economic growth and job creation, and expand America’s ability to innovate. More...

Senate Judiciary Committee Unveils Details of Patent Reform Agreement

Patent Reform Act of 2010  |  S. 515  |  3/5/2010

Leaders of the Senate Judiciary Committee have announced details of an agreement on long-pending legislation to make needed reforms to the nation’s patent system. More...

President Obama’s Proposed Budget for USPTO for FY 2011 Up by 23 Percent

USPTO Proposed Budget for Fiscal Year 2011  |  10-07  |  2/1/2010

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (“USPTO”) David Kappos has announced President Barack Obama’s $2.322 billion fiscal year 2011 (FY 2011) budget request for the USPTO. More...

Senate Judiciary Committee Passes Bill Banning Pay-for-Delay Settlements on Generic Drugs

Preserve Access to Affordable Generics Act  |  S. 369  |  10/15/2009

The U.S. Senate Judiciary Committee has voted to pass a compromise version of Senator Herb Kohl’s bill banning pay-for-delay settlements that keep generic drugs off the market. More...

Congress Sends to President Obama Bill Providing Additional Funds for Patent Operations of the USPTO

To Authorize the Director of the United States Patent and Trademark Office to Use Funds Made Available under the Trademark Act  |  S. 1358, H.R. 3114  |  7/27/2009

Both Houses of Congress have passed a bill authorizing the Director of the U.S. Patent and Trademark Office (“USPTO”) to establish a surcharge on patent fees to repay any borrowed trademark fees. More...

Sen. Nelson’s Bill Benefits Generic-Drug Makers By Expanding ANDA First-Filer 180-Day Exclusivity

Drug Price Competition Act of 2009  |  S. 1315  |  6/22/2009

Sen. Bill Nelson, D-Fl., has filed a proposed legislation to amend Hatch-Waxman Act's definition of “first applicant” for abbreviated new drug application (“ANDA”) filers to give generic-drug makers challenging brand-name patents an opportunity at receiving 180-day market exclusivity. More...

Rep. Rush Re-Files Bill Prohibiting Reverse Payments in Patent Suits

Protecting Consumer Access to Generic Drugs Act of 2009  |  H.R. 1706  |  3/25/2009

Rep. Bobby L. Rush, D-Il., has re-introduced on the congressional floor a bill intended to eliminate perceived anticompetitive settlements of patent infringement litigation between generic and brand-name pharmaceutical manufacturers. More...

AZ Sen. Kyl Files Own Version of Patent Reform Bill

Patent Reform Act of 2009  |  S. 610  |  3/17/2009

U.S. Senator Jon Kyl (R-Az) has filed his own version of Patent Reform Act of 2009 (S. 610). More...

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Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Boston Scientific Corp.

Microsoft Corp.

Cordis Corp.

Boston Scientific Scimed, Inc.

U.S. Patent and Trademark Office

Samsung Electronics America, Inc.

Stryker Corp.

Stryker Sales Corp.

Teva Pharmaceuticals USA, Inc.

Glamourmom LLC

Audiovox Communications Corp.

Stryker Orthopaedics

Target Corp.

McKesson Information Solutions, Inc.

Howmedica Osteonics Corp.

Kohl’s Department Stores, Inc.

Bridge Medical, Inc.

J.C. Penney Company, Inc.

Smith & Nephew, Inc.

Cohesive Technologies, Inc.

Waters Corp.

Elizabeth Lange LLC d.b.a. Liz Lange Maternity

LG Electronics, Inc.

Quanta Computer, Inc.

Federated Department Stores

Egyptian Goddess, Inc.

Swisa, Inc.

K-Mart Corp.

Motorola, Inc.

Dror Swisa

Sears Holding Corp.

Ranbaxy, Inc.

Nokia, Inc.

SmithKline Beecham Corp. d.b.a GlaxoSmithKline

SmithKline Beecham PLC

Sanyo North America Corp.

Glaxo Group Limited d.b.a. GlaxoSmithKline

Scimed Life Systems Inc.

Smithkline Beecham Corp. (d.b.a. GlaxoSmithKline, plc.)

Johnson & Johnson, Inc.

United States Patent and Trademark Office

HT Window Fashion Corp.

Mylan Laboratories, Inc.

Mylan Pharmaceutical, Inc.

Ortho-McNeil Pharmaceutical, Inc.

Acumed, LLC

C Change Surgical LLC

SEB S.A.

Mars Electronics International, Inc.

Datascope Corp.

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