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 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...

USPTO Streamlines Procedure for Appeal Brief Review in Ex Parte Reexamination Proceedings

Streamlined Procedure for Appeal Brief Review in Ex Parte Reexamination Proceedings  |  Docket No.: PTO–P–2010–0046  |  5/25/2010

The United States Patent and Trademark Office (“USPTO”) is streamlining the procedure for the review of appeal briefs in ex parte reexamination proceeding appeals to increase the efficiency of the appeal process and reduce pendency of appeals. More...

USPTO Eliminates Patent Prosecution Highway Petition Fee

Elimination of USPTO Patent Prosecution Highway Petition Fee  |  No. 10-18  |  5/20/2010

The Department of Commerce’s United States Patent and Trademark Office (“USPTO”) today announced it would eliminate the fee for the petition to participate in Patent Prosecution Highway (“PPH”) programs. 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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