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 Appropriations Act Allocates Supplemental Funding to Help Address Patent Exam Backlogs

United States Patent and Trademark Office Supplemental Appropriations Act  |  H.R. 5874, Public Law No: 111-224  |  8/11/2010

The United States Patent and Trademark Office Supplemental Appropriations Act, 2010, which makes supplemental FY 2010 appropriations of $129 million to the U.S. Patent and Trademark Office (“USPTO”) has become a law. More...

ITC Institutes Section 337 Investigation on Infringement of Hewlett-Packard’s Patents on Inkjet Ink Supplies and Components

Section 337 Investigation on Infringement of Hewlett-Packard’s Patents on Inkjet Ink Supplies and Components  |  Release 10-083, Inv. No. 337-TA-730  |  7/26/2010

The U.S. International Trade Commission (“USITC”) has voted to institute an investigation of certain inkjet ink supplies and components thereof. The products at issue in this investigation are ink supplies and components thereof used in, for example, inkjet printers. More...

USPTO Issues Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos

Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos  |  Docket No. PTO–P–2010–0067  |  7/27/2010

The United States Patent and Trademark Office (“USPTO, or “Office”)) has prepared further interim guidance for the patent examining corps to use when determining subject matter eligibility under 35 U.S.C. § 101 in view of the recent decision by the United States Supreme Court in Bilski v. Kappos. More...

European Commission Presents Translation Arrangements Toward Creation of a Unified Patent System in Europe

Proposed Translation Arrangements for Future EU Patent  |  IP/10/870  |  7/1/2010

A proposal on translation arrangements for a future European Union (“EU”) Patent, the final element needed for a single EU patent system to become a reality, has been presented by the European Commission (“EC”). More...

U.S. International Trade Commission’s Section 337 Investigation on Infringement of Patents on Caskets

U.S. International Trade Commission’s Section 337 Investigation on Infringement of Patents on Caskets  |  Inv. No. 337-TA-725  |  7/2/2010

The U.S. International Trade Commission (“USITC”) has voted to institute an investigation on possible infringement of patents on certain caskets. More...

U.S. Department of Justice Unveils Joint Strategic Plan on Intellectual Property Enforcement

Joint Strategic Plan on Intellectual Property Enforcement  |  No. ______  |  6/22/2010

As part of the Obama Administration’s launch of the first-ever Joint Strategic Plan on Intellectual Property Enforcement, Attorney General Eric Holder has emphasized the Department of Justice’s ongoing commitment to protecting U.S. intellectual property as central to America’s economic prosperity and public safety. More...

USITC Conducts Section 337 Investigation on Infringement of Chrysler Auto Patents

Section 337 Investigation on Certain Automotive Vehicles and Designs  |  Inv. No. 337-TA-722  |  6/11/2010

The U.S. International Trade Commission (“USITC”) has instituted an investigation of certain automotive vehicles and designs thereof. The products at issue in this investigation are "4x4" vehicles. More...

USITC Institutes Section 337 Investigation on Certain Inkjet Ink Cartridges with Printheads and their Components

Section 337 Investigation on Certain Inkjet Ink Cartridges with Printheads and their Components  |  Inv. No. 337-TA-723  |  6/21/2010

The U.S. International Trade Commission (“USITC”) has voted to institute an investigation of certain inkjet ink cartridges with printheads and components thereof. The products at issue in this investigation are inkjet cartridges for printers. More...

USPTO Joint Labor-Management Task Force Proposes Changes to Patent Examiner Performance Standards

Changes to Patent Examiner Performance Standards  |  No. 10-27  |  6/16/2010

Management at the United States Patent and Trademark Office (“USPTO”) has been working with representatives of the patent examiners union, the Patent Office Professional Association (“POPA”), to better align the performance standards for patent examiners with the USPTO’s goals for increasing quality in patent examination and reducing the backlog of pending patent applications, according to Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. More...

USPTO Proposes to Establish Three Patent Processing Tracks to Speed Up Patent Examinations

Three Patent Processing Tracks  |  No. 10-24  |  6/3/2010

The Department of Commerce’s United States Patent and Trademark Office (“USPTO”) is seeking public comment on a proposed new patent examination initiative that would provide applicants greater control over the speed with which their applications are examined and promote greater efficiency in the patent examination process. More...

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Companies Mentioned

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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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