Archive for the ‘Govt Policy/PTO Policy’ Category

Patent Office Releases Comments on Standards for Patent Eligibility Examination

Friday, November 4th, 2016

mou memorandum of understanding legal document agreement stampOn November 2nd, Robert Bahr released a concise but informative memorandum that could be entitled “What We Learned From McRO and BASCOM.” I have posted on McRO, Inc. dba Planet Blue v. Bandi Namco Games America Inc. et al., 120 USPQ2d 1091 (Fed. Cir. 2016), most recently on Sept. 16th, and I refer you to that post for details of the animation software in question. BASCOM Global Internet Services v. AT&T Mobility LLC, 827 Fed. Cir. 1341 (Fed. Cir. 2016) involved software claims for filtering content received from an Internet computer network. In McRO, the Fed. Cir. found that the claims in question were not directed to an abstract idea. In BASCOM, the Fed. Cir. discussed the requirements for the elusive “inventive concept” required by the Mayo/Alice test.

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Limelight Networks v. Akamai Tech. – Cert. Denied

Monday, April 18th, 2016

Today the Supreme Court declined to hear Limelight’s petition for cert. on the question of whether an accused infringer may be held liable for direct infringement of a claim to a method where multiple parties perform the steps of the method.

On August 13, 2016, the S. Ct. remanded the en banc decision of the Fed. Cir. that set forth the law of divided infringement under s. 271(a), and found that Limelight directly infringed U.S. Pat. No. 6,108,703. The court held that an entity will be found responsible for others’ performance of method steps “(1) where that entity directs or controls others’ performance, [or] (2) where the actors form a joint enterprise.”  (more…)

Biotech’s PR Problems Continue

Friday, February 15th, 2013

Maybe “Fish gotta swim” but the FDA has extended the approval period for transgenic Salmon genetically engineered to reach market weight sooner. No evidence at all has been presented that filets from these fish would present a danger human consumers – and may well provide a benefit to an increasingly hungry world.

This report once again reminded me how far scientific advances in biotech have exceeded the industry’s attempts to explain their benefits to the consuming public. As biotech companies wisely sold the advantages of herbicide resistant corn, cotton and soybeans to farmers well prior to their “launch”. Farmers were tired of using herbicides that could kill their human handlers. By the time the Supreme Court decided that plants were patentable (in 2002), about 65% of U.S. corn was transgenic (and patented as well). However, the EU countries don’t grow much corn, and the lack of lobbying there contributed to the general ban on imports of genetically engineered crops and sandwich shops that advertise that their snacks have no GMO’s.

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Re-Election of Obama Keeps Patent Law and Policy on Track

Wednesday, November 7th, 2012

At least Director Kappos does not have to clean out his desk. The re-election of President Obama gives him another four years of job security – if he and his hard-working staff don’t burn out first. No matter what you think of the AIA, Director Kappos has done a remarkable job of proposing implementing regulations for its many new procedures. Apart from issuing rules by the bushel, he has been “tasked” with opening three new satellite offices. He has begun to develop guidance in non-AIA areas such as patenting diagnostic assays post-Prometheus. The defeat of President Obama might well have caused a return to the Rogan years of a “know nothing” [about patent law] Commissioner.

A President Romney surely would have supported repeal of “Obamacare”. No matter what you think of the more controversial parts of the law, it also contains the outline of procedures to approve generic biologicals, a way to cut healthcare costs that is long overdue. At least the players can continue to move forward, and not be put into limbo or returned to the starting line to run a race with new rules.

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