Patent Law Updates

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In re Ricoh Co., Ltd.: Federal Circuit Clarifies § 1920 Allowances for Prevailing Party to Charge Costs

By Thomas F. Zuber and Sarah S. Brooks of Zuber & Taillieu

The Federal Circuit recently clarified several aspects of § 1920’s allowances for a prevailing party to charge its costs against the losing party. In In re Ricoh Co., Ltd., 661 F.3d 1361 (Fed. Cir. 2011), the Federal Circuit upheld the use of cost-sharing agreements over default statutory rules, allowed the… More...

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USPTO Revises Effective Date of "Track One" Fast-Track Patent Processing

Changes To Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control Procedures Under th  |  USPTO Release No. 11-51, 37 CFR Part 1, Docket No. PTO-P-2011-0039, RIN 0651-AC62  |  9/23/2011

The United States Patent and Trademark Office (USPTO) has announced plans for the agency to begin accepting requests for prioritized examination of patent applications through the Track One prioritized patent examination program that took effect on Monday September 26, 2011. More...

USPTO Updates Fee Schedule Following Enactment of Leahy-Smith America Invents Act

USPTO 15% Surcharge Fee Changes Effective September 26, 2011  |  USPTO Release No. 11-50, 37 CFR 1.27  |  9/21/2011

The United States Patent and Trademark Office (USPTO) has announced its revised fee schedule following the Leahy-Smith America Invents Act (Public Law 112-29) which was signed into law by President Barack Obama on September 16, 2011. More...

Finally, Patent Reform Bill Becomes Law

Leahy-Smith America Invents Act  |  35 U.S. Code ____, H. R. 1249  |  9/16/2011

President Obama has signed into law the Leahy-Smith America Invents Act (H.R. 1249) a bipartisan, bicameral bill that updates the patent system to encourage innovation, job creation and economic growth. More...

USPTO to Revise Materiality Standard for Duty to Disclose in Light of Therasense v. Becton

Revision of the Materiality to Patentability Standard for the Duty To Disclose Information in Patent Applications  |  37 CFR Part 1, Docket No. PTO–P–2011–0030, RIN 0651–AC58  |  7/21/2011

The United States Patent and Trademark Office (Office or PTO) is proposing to revise the standard for materiality for the duty to disclose information in patent applications and reexamination proceedings in light of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit or Court) in Therasense, Inc. v. Becton, Dickinson & Co. More...

Enhanced First Action Interview Pilot Program Expanded to Include All Eligible Applications in All Technology Areas

Full First Action Interview Pilot Program  |  No. 11-33  |  5/16/2011

The United States Patent and Trademark Office (USPTO) has announced the Full First Action Interview Pilot Program, which is an expansion of the Enhanced First Action Interview Pilot Program so as to include all utility applications in all technology areas and filing dates. More...

USPTO Postpones Effective Date of "Track One" Fast-Track Patent Processing

Postponement of "Track One" Fast-Track Patent Processing  |  No. _______  |  4/27/2011

The United States Patent and Trademark Office (USPTO) has postponed the start date of the Track One prioritized patent examination program, which was scheduled to go into effect on May 4, 2011, until further notice due to reduced spending authority in the Full-Year Continuing Appropriations Act, 2011. More...

USPTO Announces Launch Date for Fast-Track Patent Processing

Changes To Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control Procedures  |  37 CFR Part 1, Docket No.: PTO–P–2010–0092, RIN 0651–AC52  |  4/4/2011

The United States Patent and Trademark Office (USPTO) has announced plans for the agency to begin accepting requests for prioritized examination of patent applications – allowing inventors and businesses to have their patents processed within 12 months. More...

FTC Report Recommends Improvements in Patent System to Promote Innovation and Benefit Consumers

The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition  |  No. ______  |  3/7/2011

A new Federal Trade Commission report recommends improvements to two areas of patent law policies affecting how well a patent gives notice to the public of what technology is protected and remedies for patent infringement. More...

USPTO Issues Examination Guidelines to Better Define the Scope of Patent Protection and Improve Patent Quality

Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent  |  Docket No. PTO–P–2010–0088  |  2/9/2011

The United States Patent and Trademark Office (USPTO) has issued supplementary guidelines for examiners that are designed to improve patent quality by ensuring that the scope of patent rights is clear to the public and commensurate with applicant’s disclosure. More...

USPTO to Issue Proposal for “Track One” Accelerated Patent Examination in Flexible “Three Track” Patent Processing Program

Proposal for “Track One” Accelerated Patent Examination in Flexible “Three Track” Patent Processing Program  |  No. 11-08  |  2/2/2011

The United States Patent and Trademark Office (USPTO) has announced new details on its “Three-Track” program designed to enable applicants to choose the speed with which their patent application is processed. More...

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Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Boston Scientific Corp.

Microsoft Corp.

U.S. Patent and Trademark Office

Stryker Corp.

Samsung Electronics America, Inc.

Cordis Corp.

Boston Scientific Scimed, Inc.

Target Corp.

Sears Holding Corp.

Kohl’s Department Stores, Inc.

K-Mart Corp.

J.C. Penney Company, Inc.

Glamourmom LLC

Audiovox Communications Corp.

Federated Department Stores

McKesson Information Solutions, Inc.

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

Bridge Medical, Inc.

United States Patent and Trademark Office

SmithKline Beecham PLC

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

SmithKline Beecham Corp. d.b.a GlaxoSmithKline

Scimed Life Systems Inc.

HT Window Fashion Corp.

Glaxo Group Limited d.b.a. GlaxoSmithKline

Ortho-McNeil Pharmaceutical, Inc.

Ranbaxy, Inc.

Mylan Pharmaceutical, Inc.

Teva Pharmaceuticals USA, Inc.

Mylan Laboratories, Inc.

Nokia, Inc.

Stryker Sales Corp.

Stryker Orthopaedics

Howmedica Osteonics Corp.

Acumed, LLC

Quanta Computer, Inc.

LG Electronics, Inc.

Smith & Nephew, Inc.

Sanyo North America Corp.

Cohesive Technologies, Inc.

Waters Corp.

Swisa, Inc.

Egyptian Goddess, Inc.

Dror Swisa

Motorola, Inc.

Johnson & Johnson, Inc.

emsCharts, Inc.

Apotex, Inc.

West Corp.

Warner-Lambert Company, LLC

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