25 Critical Patent Enforcement Developments

April 8th, 2015

News from Chisum Patent Academy

25 Critical Patent Enforcement Developments

The Acfaculty-large-janice-e1402305426293ademy is pleased to announce the April 2015 publication of the annual Update for Volume II (Patent Enforcement) of the practitioner treatise, Mueller on Patent Law, authored by our co-founder, Janice M. Mueller.

The two-volume Mueller on Patent Law treatise is published by Wolters Kluwer Law & Business. Volume I (published 2012) addresses patentability, validity, and prosecution procedures; Volume II (published 2014) covers patent infringement, USPTO MOPL-cover-e1339620575906-150x150post-issuance procedures, design patents, and international patenting issues. For detailed tables of contents for both volumes, click here.

The full text of the 2015 Update for Volume II (Patent Enforcement) is available electronically on Wolters Kluwer’s Intelliconnect subscription platform. By examining in detail each of the cases highlighted below (plus many others), the 2015 Update adds extensive and valuable new matter to Volume II.

Highlights of the April 2015 Update for Vol. II:

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USPTO Myriad-Mayo Guidance Still Not At An Alpha Standard

March 24th, 2015

This is a guest post from Paul Cole.

iStock_000029586246_SmallAs readers will be aware, the USPTO published revised Guidance on Section 101 eligibility in December 2014 together with Nature-Based Examples and Abstract ideas examples. These materials and the case-law on which they were based appear on a dedicated web-page.

A Forum on the revised Guidance was held on 21 January with contributions from Raul Tamyo on behalf of the USPTO and from eight members of our profession. Their slides are accessible on the web-page. It also promises a Forum Replay in three parts, but those wishing to hear in detail what was said will be disappointed because the three links are broken and play nothing. The comments period ended on 16 March, and the absence of a workable Forum Replay (which has been pointed out to the USPTO) would arguably in itself justify an extension of the comments period for our profession and for the public.

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“Changing The Horizon” Or “Lost Horizon”? – Kappos Pulls It Together

March 19th, 2015

road in mountainsAt a meeting sponsored by Intellectual Asset Management (IPBC/Global), “Meeting the NPE Challenge,” former Director of the USPTO, David Kappos on March 13th (a Friday even) gave a speech that cogently summarized the state of the IP landscape both from the law and policy perspectives. If you have felt overwhelmed and even put off by (im)perfect storm of legislative proposals, judicial holdings, and simplistic editorials that is buffeting the patent system, you must take the time to read the text of his speech, which occupies only 14 pages, but covers almost every “incoming” that the patent system has had to duck, or endure, in recent years (Ed.: “Time flies when you are having fun”). (A copy can be found at the end of this post.) I am not going to attempt a summary here –the talk is not that long—except to say that it summarizes both “Legislative Reform” (“The AIA is working”) and more recent proposals, such as fee shifting and covered customer stays. Section 101 is covered –“the courts seems to have lost their way”—including the recent attacks on software patents—(“Software patents are not statistically prone to being ‘bad’ patents”).

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Enzo Biochem V. Applera Corp. – When “Words Can Hurt You”

March 19th, 2015

iStock_000010676885_SmallOn March 16, 2015 (Appeal no. 2014-1321), the Fed. Cir. reversed the district court’s construction of a claim term relating to the scope of “A,” a moiety capable of direct or indirect signaling that is attached by a linker to a nucleotide base. (A copy of the decision can be found at the end of this post.) The claim read: “wherein A comprises at least one component of a signaling moiety capable of producing a detectable signal [wherein the linker does not interfere] with formation of the signaling moiety or detection of the detectable signal….”

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