This column highlights some of the more notable recent internet notices, newsletters and blogs dealing with IP prosecution issues.
Hal Wegner’s email newsletter – some great stuff – Contact: firstname.lastname@example.org. Hal’s blog is also available at www.laipla.net/news-blog/blog.
- On May 6, 2014 (http://www.laipla.net/in-re-packard-indefiniteness-ex-parte-miyazaki-issue-dodged/) Hal discussed In re Packard, 2013-1204 (Fed. Cir., May 6, 2014) (http://cafc.uscourts.gov/images/stories/opinions-orders/13-1204.Opinion.5-2-2014.1.PDF), which he believes is the most important Federal Circuit opinion so far in 2014 with application to daily patent drafting. The court affirmed an indefiniteness ruling without waiting for the Supreme Court’s later ruling on similar issues on June 2, 2014 in Nautilus, Inc. v. Biosig Instruments, Inc. (http://www.supremecourt.gov/opinions/13pdf/13-369_1idf.pdf).
- On May 14, 2014, Hal remarked on how Chief Judge Rader of the Federal Circuit “generously speaks of his colleagues and the ‘close relationship that the Federal Circuit has had in the last few years.’” (http://www.laipla.net/chief-judge-rader-close-relationships-within-the-court/).
- In a May 23, 2014 post, Hal announced Chief Judge Rader’s stepping down from the position of Chief Judge effective May 30, 2014. Judge Rader’s announcement indicated that he would remain in active service as a Circuit Judge. (http://www.laipla.net/hon-randall-r-rader-transitions/).
- The June 13, 2014 blog passed along the Federal Circuit announcement that Judge Rader will retire from the bench effective June 30, 2014. (http://www.laipla.net/hon-randall-r-rader-transitions-2/).
IPWatchdog – a patents and patent law blog IPWatchdog.com
- A May 5, 2014 article discussed the standard for recovering attorney fees in patent litigation under 35 U.S.C. § 285 (http://www.ipwatchdog.com/2014/05/05/easing-the-standard-for-recovering-attorney-fees-in-patent-cases/id=49412/).
- The June 13, 2014 post by Gene Quinn (http://www.ipwatchdog.com/2014/06/13/cafc-shock-judge-randall-rader-announces-retirement/id=50075/) mentions that Judge Rader’s announcement of stepping down as Chief Judge came on the same day that he sent a public letter to all other Federal Circuit judges (http://cafc.uscourts.gov/images/stories/5-23-14_RRR%20_Letter.pdf) apologizing for a lapse in judgment, specifically an email message sent to an attorney, which required Judge Rader’s recusal from various cases.
Patent Docs – A Patent Blog – patendocs.typepad.com/patent_docs
- On June 10, 2014, the blog discussed In re Dinsmore, 2013-1637 (Fed. Cir., June 10, 2014) (http://www.cafc.uscourts.gov/images/stories/opinions-orders/13-1637.Opinion.6-6-2014.1.PDF) which upheld a USPTO determination that a reissue could not cure an improper terminal disclaimer. Check your malpractive coverage status (http://www.patentdocs.org/2014/06/in-re-dinsmore-fed-cir-2014.html).
- The post on June 12, 2014 discusses the recent Braintree Laboratories, Inc. v. Novel Laboratories, Inc., 2013-1438 (Fed. Cir., April 22, 2014) case (http://www.cafc.uscourts.gov/images/stories/opinions-orders/13-1438.Opinion.4-18-2014.1.PDF). This case considered claim construction of the indefinite article “a.” The court found that “a” in the construed claim meant more than one, but not merely one. I think that this post on Patent Docs is definitely one good article (http://www.patentdocs.org/2014/06/braintree-laboratories-inc-v-novel-laboratories-inc-fed-cir-2014.html).
- In the June 17, 2014 post, Kevin E. Noonan provided updates on the closely watched Myriad Genetics case in Utah (http://www.patentdocs.org/2014/06/good-news-bad-news-and-more-inflammatory-rhetoric-in-myriad-genetics-case.html). There is supposed to be good news, bad news, and inflammatory rhetoric.
Patently-O – a blog written by Dennis Crouch – www.patentlyo.com.
- On May 6, 2014, Professor Crouch remarked on the fact that a written assignment is needed for an employer to claim ownership of an employee’s invention (http://patentlyo.com/patent/2014/05/employer-paper-assignment.html).
USPTO – the PTO’s website – uspto.gov
- In the June 17, 2014 Official Gazette the USPTO provided a May 15, 2014 announcement that “Patent Search Templates” will be discontinued effective May 21, 2014. Question – They had patent search templates? (http://www.uspto.gov/web/offices/com/sol/og/2014/week24/TOC.htm#ref11).
- The Chisum Patent Academy holds upcoming patent law seminars on August 13-15, 2014 (Seattle, Washington); and August 18-20, 2014 (Seattle, Washington). There are a possible 18 CLE credits for these seminars. The Cincinnati seminar will include active inducement, method and system claims, joint infringement, injunctive relief, patent malpractice, and more. More info at http://www.chisum-patent-academy.com/.
For more information about any of the patent topics mentioned consult Patent Application Practice. Trademark topics are discussed in Trademark Registration Practice. Both are published by West and updated twice a year. For litigation questions, contact Fred Douglas at 949/293-0442 or by email at email@example.com.