Patent Law Updates

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MDS (Canada) Inc. v. RAD Source Technologies: 11th Circuit Finds Federal Circuit Does Not Have Exclusive Jurisdiction When Patents at Issue in Breach of Contract Claim

By Tom Zuber and Jeff Zuber of Zuber Lawler & Del Duca

In a case of first impression, the 11th Circuit recently held that a state law claim with an underlying patent issue did not create patent jurisdiction, and thus the Federal Circuit did not have exclusive appellate jurisdiction. In MDS (Canada) Inc. v. RAD Source Technologies, Inc., No. 11-15145 (11th Cir.… More...

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First-of-Its-Kind Settlement between NY and Patent Troll Establishes Guidelines to Prevent Deceptive and Exploitative Patent Assertion Conduct

In the Matter of the Investigation by the Attorney General of the State of New York of MPHJ Technology Investments, LLC  |  Assurance No. 14-015  |  1/15/2014

Attorney General Eric T. Schneiderman has announced a groundbreaking settlement with MPHJ Technology Investments, LLC, a so-called “patent troll.” More...

FTC Finalizes Amendments to the Premerger Notification Rules Related to the Transfer of Exclusive Patent Rights in the Pharmaceutical Industry

Amendments to the Premerger Notification Rules  |  16 C.F.R. Part 801  |  11/6/2013

The Federal Trade Commission has issued final changes to the premerger notification rules that require companies in the pharmaceutical industry to report certain proposed acquisitions of exclusive patent rights to the FTC and the Department of Justice for antitrust review. More...

FTC Seeks to Examine Patent Assertion Entities and Their Impact on Innovation, Competition

Federal Register Notice Soliciting Public Comments On Proposed Information Requests To Patent Assertion Entities  |  Billing Code: 6750-01S,  |  9/27/2013

The Federal Trade Commission voted to seek public comments on a proposal to gather information from approximately 25 companies that are in the business of buying and asserting patents, known as Patent Assertion Entities (“PAEs”). More...

USPTO and KIPO Announce Launch of Cooperative Patent Classification System Pilot

Cooperative Patent Classification System Pilot  |  USPTO No. 13-19  |  6/5/2013

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) and the Korean Intellectual Property Office (KIPO) have announced the launch of a new pilot in which KIPO will classify some of its patent documents using the Cooperative Patent Classification system (CPC), a new classification system jointly managed by the USPTO and the European Patent Office (EPO). KIPO is the first foreign patent office to engage with the USPTO and EPO in this new system, which debuted on January 1, 2013. More...

Strong Growth in Demand for Intellectual Property Rights in 2012 – WIPO

WIPO PR/2013/732  |  Patent Cooperation Treaty  |  3/19/2013

International filings for patents, trademarks and industrial designs under WIPO-administered intellectual property (IP) systems saw continued strong growth in 2012, according to the World Intellectual Property Organization (WIPO). More...

USPTO Updates Professional Conduct Rules and Registration Examination for Patent Attorneys

Changes to Representation of Others Before The United States Patent and Trademark Office  |  USPTO No. 13-16, 37 CFR Parts 1, 2, 7, et al., Federal Register Vol. 78, No. 64  |  4/3/2013

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) has announced updates to the registration examination and significant changes to the USPTO Rules of Professional Conduct (USPTO Rules), which govern practitioners who practice before the USPTO. More...

USPTO Publishes Final Rules and Guidelines Governing First-Inventor-to-File

Changes to Implement First Inventor to File Provisions of Leahy-Smith America Invents Act  |  USPTO No. 13-10, 37 CFR Part 1, Docket No.: PTO-P-2012-0015  |  2/13/2013

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today published final rules of practice implementing the first-inventor-to-file provision of the Leahy-Smith America Invents Act (AIA). More...

USPTO Seeking Comments on Matters Related to the Harmonization of Substantive Patent Law

Notice of Public Hearing and Request for Comments on Matters Related to the Harmonization of Substantive Patent Law  |  USPTO No. 13-07, Docket No.: PTO-P-2013-0001  |  1/31/2013

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) is seeking stakeholder input on matters relating to international harmonization of substantive patent law. More...

USPTO Releases New Patent Term Calculator

Quick Guide to Locating Patent Term Information on the USPTO Web Site: New Patent Term Calculator  |  USPTO No. 13-06  |  1/25/2013

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) has announced the release of a new calculator that enables members of the public to estimate the expiration date of a utility, plant, or design patent. More...

USPTO and EPO Launch Cooperative Patent Classification System

USPTO-EPO Cooperative Patent Classification System  |  USPTO No. 13-01  |  1/3/2013

The U.S. Commerce Department’s United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) have announced the formal launch of the Cooperative Patent Classification (CPC) system, a global classification system for patent documents. More...

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Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Boston Scientific Corp.

Microsoft Corp.

Samsung Electronics America, Inc.

Stryker Corp.

Cordis Corp.

Boston Scientific Scimed, Inc.

U.S. Patent and Trademark Office

Acumed, LLC

Audiovox Communications Corp.

Stryker Sales Corp.

Teva Pharmaceuticals USA, Inc.

Glamourmom LLC

McKesson Information Solutions, Inc.

Stryker Orthopaedics

Target Corp.

Bridge Medical, Inc.

Howmedica Osteonics Corp.

Kohl’s Department Stores, Inc.

Smith & Nephew, Inc.

Cohesive Technologies, Inc.

J.C. Penney Company, Inc.

Waters Corp.

LG Electronics, Inc.

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

Association for Molecular Pathology

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

Prometheus Laboratories, Inc.

SmithKline Beecham PLC

Mayo Collaborative Services d.b.a. Mayo Medical Laboratories

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

Honeywell International, Inc.

HT Window Fashion Corp.

Mylan Laboratories, Inc.

Mylan Pharmaceutical, Inc.

Ortho-McNeil Pharmaceutical, Inc.

Additional Resources

Patent Law