Patent Law Updates

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Forest Group v. Bon Tool: Upping the Incentives for False Marking Claims

By Yuri Mikulka and Jeffrey J. Zuber of Zuber & Taillieu LLP

The Federal Circuit has determined that the maximum fine for violation of the federal false marking statute should be applied on a per article basis, rather than the “per decision” basis applied by a majority of district courts in the past. In The Forest Group, Inc. v. Bon Tool Co.,… More...

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USPTO and UKIPO Unveils Action Plan to Reduce Global Patent Backlogs

USPTO-AKIPO Tie Up  |  10-09  |  3/10/2010

The United States Patent and Trademark Office (“USPTO”) and the UK Intellectual Property Office (“UKIPO:) have agreed to develop an action plan for reducing patent processing backlogs in both offices. More...

Recently Announced Changes to USPTO’s Examiner Count System Go into Effect

Changes to Examiner Count System  |  10-08  |  2/18/2010

The significant changes to the examiner “count system” that were announced by the United States Patent and Trademark Office (“USPTO”) on September 30, 2009, took effect last week. More...

Single Patent System and Patent Court in the European Union Pushed

European Union Enhanced Patent System  |  IP/09/1880  |  12/3/2009

The European Council (“EU”) has agreed to adopt a sweeping regulatory package that establishes a single patent system that includes a new patent court in the European Union. More...

USPTO Announces Interim Procedure for Patentees to Request Patent Term Adjustment Recalculation

Interim Procedure for Patentees to Request a Recalculation of the Patent Term Adjustment  |  Docket No. PTO-P-2010-0006  |  1/28/2010

The United States Patent and Trademark Office (“USPTO”) is providing patentees with the ability to request a recalculation of their patent term adjustment without a fee or petition as is normally required pending completion of necessary modifications to the USPTO’s computer program for calculating patent term adjustments. More...

USPTO Launches Pilot Program to Accelerate Patent Process for Small Entity Inventors

Patent Application Backlog Reduction Stimulus Plan  |  Docket No. PTO–P–2009–0040  |  11/27/2009

The U.S. Patent and Trademark Office (“USPTO”) has launched a pilot program that will give small entity inventors having two or more patent applications currently pending greater control over the priority in which their applications are examined while also reducing the backlog of unexamined patent applications pending before the USPTO. More...

USPTO Pilots New Program to Expedite Examination of Certain Green Tech Patent Applications

Pilot Program for Green Technologies Including Greenhouse Gas Reduction  |  Docket No. PTO–P–2009–0038  |  12/7/2009

The U.S. Commerce Department’s Patent and Trademark Office (“USPTO”) has implemented a pilot program to accelerate the examination of certain “green” technology patent applications. More...

USPTO Rescinds Controversial Patent Regulations Package

Final Rule Rescinding Regulations Proposed by the Previous Administration  |  09-21  |  10/8/2009

The United States Patent and Trademark Office (“USPTO”) has issued a new Final Rule rescinding highly controversial regulations, proposed by the previous administration, that patent applicants felt unduly restricted their capacity to protect intellectual property. More...

USPTO Expands Pilot Program That Seeks to Enhance Information Exchange between Applicant and Examiner

Enhanced First Action Interview Pilot Program  |  Release 09-20  |  10/1/2009

The United States Patent and Trademark Office (“USPTO”) is expanding its First Action Interview Pilot Program in which an applicant is entitled to an interview with the patent examiner prior to the first office action on the merits in a new utility application. More...

USPTO Plans New Patent Ombudsman Pilot Program

Patent Ombudsman Pilot Program  |  Docket No.: PTO-P-2009-0032  |  10/21/2009

The United States Patent and Trademark Office (“USPTO”) is currently developing a Patents Ombudsman Pilot Program (“Program”). More...

USPTO Issues Interim Examination Instructions for Evaluating Patent Subject Matter Eligibility

Interim Examination Instructions for Evaluating Patent Subject Matter Eligibility  |  Interim Eligibility Instructions  |  8/24/2009

The U.S. Patent and Trademark Office (“USPTO”) has provided Interim Examination Instructions for Evaluating Patent Subject Matter Eligibility ( “Interim Eligibility Instructions”) for use by USPTO personnel in their review of patent applications to determine whether the claims in a patent application are directed to patent eligible subject matter under 35 U.S.C. § 101 pending a final decision from the U.S. Supreme Court in Bilski v. Kappos, S.Ct. No. 08-964 (cert. granted June 1, 2009). More...

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Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Boston Scientific Corp.

Boston Scientific Scimed, Inc.

U.S. Patent and Trademark Office

Samsung Electronics America, Inc.

Stryker Corp.

Microsoft Corp.

Cordis Corp.

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

Teva Pharmaceuticals USA, Inc.

Glamourmom LLC

Audiovox Communications Corp.

Stryker Sales 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 Electric Co., Ltd.

Yu Feng Industrial Company, Ltd.

Northgate Technologies, Inc.

Electronic Payment Processing, Inc.

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