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SCOTUS Speaks: Patents May Only be Invalidated Under "Clear and Convincing" Standard 10 Jun 2011 | 03:28 am
This morning the Supreme Court released it's opinion in Microsoft v. i4i, and provided "clean sweep" support (10-0) that patents may only be invalidated under "clear and convincing" evidence. Held: S...
SCOTUS: Inducement to Infringe Requires "Actual Knowledge" of Patent; "Deliberate Indifference" Not Enough 1 Jun 2011 | 03:23 pm
Global-Tech Appliances, inc. v. SEB S.A., No. 10-6, May 31, 2011 Global Tech, an Hong-Kong appliance maker, sold a deep-fryer to 3rd parties that was an alleged copy of one patented by SEB. SEB subs...
Prosecutors Rejoice! Federal Circuit "Tightens the Standards" En Banc for Inequitable Conduct 26 May 2011 | 01:39 pm
Therasense, Inc. v. Becton, Dickinson and Company, No. 2008-1511 (May 25, 2011) Therasense (now Abbott) obtained a patent from the USPTO after a 13-year prosecution history, where the application was...
How Much Does the "Clear and Convincing" Standard Matter? Study Suggests "Not Much" 20 Apr 2011 | 08:21 am
In the case of Microsoft v. i4i, some of Microsoft’s amici contended that the clear and convincing evidentiary standard has a “compelling effect on jurors” and that it is “tremendously difficult to pe...
SCOTUS Hears Oral Arguments on "Clear and Convincing Standard" for Patent Validity 19 Apr 2011 | 02:51 pm
Today the Supreme Court heard oral arguments in the case of Microsoft v. i4i, where Microsoft argued that attempts to invalidate patents using prior art not considered by the USPTO should be judged by...
Secretary Locke Leaving Commerce Dept.? 17 Mar 2011 | 02:28 pm
Press reports indicate that Commerce Secretary Gary Locke is expected to become the next US ambassador to China, taking over for Jon Huntsman. In a March 9 press release, President Obama stated In r...
Fed. Cir. Takes False Marking Down Another Peg, Holds Claims Must Be Pled "With Particularity" 16 Mar 2011 | 01:50 pm
In re BP Lubricants UA Inc., Misc. Docket No. 960 (Fed. Cir., March 15, 2011) BP's CASTROL motor oil products are distributed in a unique bottle design for which BP received a design patent. The pat...
FTC Issues 300-Page Report on IP Marketplace; Provides over 50 Recommendations for Improving Patent System 8 Mar 2011 | 04:57 pm
In 2008-2009, the Federal Trade Commission (FTC) held 8 days of hearings across the country on the U.S. patent system and its effect on innovation. After compiling public comments and conducting addi...
Byproduct of Patent Reform Act - More Satellite Offices (Denver, You May Be Next) 4 Mar 2011 | 05:04 am
Yesterday, Colorado senators Mark Udall and Michael Bennet slipped in an amendment to S.23, authorizing the USPTO to create "three or more" regional satellite patent offices across the country in the ...
POOF! $1.67B Verdict Overturned by Federal Circuit, Patent Invalidated Over Written Description 24 Feb 2011 | 04:58 pm
Centocor Ortho Biotech Inc et al v. Abbott Laboratories et al., No. 2010-1144 (Fed. Cir., Feb. 23, 2011) In 2009, Johnson & Johnson's biotech unit Centocor was awarded a $1.67B damages award for inf....
