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 to Implement Missing Parts Pilot Program

Pilot Program for Extended Time Period To Reply to a Notice To File Missing Parts of Nonprovisional Application  |  Docket No. PTO–P–2010–0071  |  12/9/2010

The United States Patent and Trademark Office (USPTO) has announced plans to implement a Missing Parts Pilot Program which will effectively provide a 12-month extension to the existing 12-month provisional application period, providing applicants additional time to find financial help, evaluate a product’s worth in the marketplace or further develop the invention for commercialization. More...

USPTO Implements Pilot Program Effectively Allowing a 12-Month Extension to the Provisional Patent Application Period

Pilot Program for Extended Time Period To Reply to a Notice To File Missing Parts of Nonprovisional Application  |  Docket No. PTO–P–2010–008  |  12/8/2010

The United States Patent and Trademark Office (USPTO) has announced plans to implement a Missing Parts Pilot Program which will effectively provide a 12-month extension to the existing 12-month provisional application period, providing applicants additional time to find financial help, evaluate a product’s worth in the marketplace or further develop the invention for commercialization. More...

USPTO Extends Deadline to Participate in Green Technology Pilot Program by One Year

Expansion and Extension of the Green Technology Pilot Program  |  Docket No. PTO–P–2010–008  |  12/10/2010

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos has announced that the deadline for filing petitions under the USPTO’s Green Technology Pilot Program, which allows for expedited processing of patent applications related to green technology, is being extended until December 31, 2011. More...

USPTO Issues Notice of Proposed Rulemaking Regarding Ex Parte Appeals before the Board of Patent Appeals and Interferences

Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals  |  37 CFR Parts 1 and 41, No. PTO–P–2009–0021, RIN 0651–AC37  |  11/15/2010

The United States Patent and Trademark Office (USPTO) has issued a Notice of Proposed Rulemaking that proposes changes to the rules governing ex parte patent appeals before the Board of Patent Appeals and Interferences. More...

USPTO Adopts New Patent Examination Quality Measurement Procedures

Adoption of Metrics for the Enhancement of Patent Quality Fiscal Year 2011  |  No. 10-48  |  10/7/2010

The United States Patent and Trademark Office (USPTO) is adopting new, more comprehensive procedures for measuring the quality of patent examination. More...

USPTO and EPO Work Toward Joint Patent Classification System

USPTO-EPO Joint Patent Classification System  |  No. 10-51  |  10/25/2010

The United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) have agreed to work toward the formation of a joint patent classification system. More...

USPTO Launches Second Peer to Patent Pilot in Collaboration with New York Law School

Peer To Patent Pilot Project with New York Law School  |  No. 10-50  |  10/19/2010

The United States Patent and Trademark Office (USPTO) has launched a second Peer To Patent pilot program with New York Law School’s Center for Patent Innovations (CPI). More...

USPTO Issues Update to KSR Examination Guidelines

Examination Guidelines Update: Developments in the Obviousnes Inquiry After KSR v.Teleflex  |  Docket No.: PTO–P–2010–0055  |  9/1/2010

The United States Patent and Trademark Office (“USPTO”) has issued an update to its examination guidelines concerning the law of obviousness under 35 U.S.C. 103 in light of recent precedential decisions of the United States Court of Appeals for the Federal Circuit issued since the 2007 decision by the United States Supreme Court in KSR Int’l Co. v. Teleflex Inc. More...

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...

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Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Boston Scientific Corp.

Microsoft Corp.

Stryker Corp.

Samsung Electronics America, Inc.

Cordis Corp.

Boston Scientific Scimed, Inc.

U.S. Patent and Trademark Office

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.

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

i4i Limited Partnership

Metropolitan Life Insurance Company

Medicis Pharmaceutical Corp.

Honda Trading America Corp.

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