Posts Tagged ‘IP law tools’

Gone Judge – Judge Randall Rader To Resign

Monday, June 16th, 2014

Before stepping down as Chief Judge of the Fed. Cir. on May 30th, Judge Rader had sent a letter to his colleagues on the court apologizing for sending an email to an attorney who had appeared before the court a number of times, praising his work and encouraging him to circulate the email to his associates. (A copy of the letter is available at the end of this post.) The letter was dated May 23, 2014, and was clear about the error of his ways:

“I realize in retrospect that the email constituted a breach of the ethical obligation not to lend the prestige of the judicial office to advance the private interests of others. I apologize for that error, which may have led to the perception that the attorney in question was in a position to influence me in my performance of judicial duties….Working with the court, I have taken steps to remedy the breaches for which I was responsible by recusing in cases as to which a question might be raised as to my impartiality. I am committed to adhering carefully to the requirements of the Code of Conduct for United States judges in making any necessary recusal decisions. I am truly sorry for the lapse and will work diligently to ensure that it does not recur….”

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Ohio Willow Wood Co. v. Alps South, LLC – Inequitable Conduct Lives!

Monday, November 18th, 2013

In October, I spoke at AIPLA with James Carmichael, who used to head up the “Fraud Squad” at the PTO. He noted that there had only been three Fed. Cir. decisions upholding findings of inequitable conduct (IC) since Therasense, two of which involved attorney misconduct. Now there is a fourth. The Fed. Cir. panel of Judges Dyk, Bryson and Reyna vacated and remanded a district court’s finding of no IC, but they wrote at a level of factual detail which virtually instructed the district court to change its mind. (Ohio Willow Wood Co. v. Alps South, LLC, Appeal no. 2012-1642, 2013-1024 (Fed. Cir. November 15, 2013) a copy is available at the end of this post).

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Canada’s ‘’Sister” Prior Art Law Differs From Ours, Eh!

Tuesday, October 29th, 2013

I recently received a well-written post from Smart & Biggar/Feherstonhaugh in Toronto reminding me that a publication by the inventor only shields a later third-party publication from being a bar if the second publication was derived from the inventor and a Canadian application – not a U.S. application—is filed by the inventor within a year of the inventor’s publication. This is not the same as the AIA provisions that allow a publication by the first inventor to avoid the prior art effect of a second publication of the invention, made by a third-party, so long as the first inventor files anywhere within a year of his/her publication.

You can find the entire post here.

Submission of Copyrighted Articles to the PTO “Fair Use”, D. Minn. Magistrate Rules

Thursday, August 1st, 2013

Federal Magistrate Jeffrey Keyes ruled that it is fair use for law firms to use copyrighted journal articles when preparing patent applications, and recommended that an infringement suit against Schwegman Lundberg & Woessner PA (SLW) by two academic publishers be dismissed.

Brad Forrest, SLW shareholder and chairman said:

“We are pleased with the result.  The decision supports the long standing practice of providing patent offices with non-patent literature to help improve patent quality.  It benefits every inventor and company involved in innovation, without harming established markets for copyrighted works.”

More information about the ruling can be found on Law360′s site.