Is it time to take a new look at appellate review of PTO claim construction? *

USA - November 29 2012
Addressing again the issue of whether to construe a claim term according to 35 U.S.C. § 112, ¶ 6 when that term does not include the magic “means for” language, the U.S. Court of Appeals for the Federal Circuit reversed the U.S. Patent and Trademark Board of Patent Appeals and Interferences (the Board) construction of the term “height adjustment mechanism,” concluding the term was not a means plus function (M+F) claim element.

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Award of attorneys’ fees in copyright cases not beholden to Lodestar method *

USA - March 30 2012
Considering an attorneys’ fees award in a copyright infringement suit under the Architectural Works Copyright Protection Act, which created a new category of copyrightable subject matter for “architectural works,” the U.S. Court of Appeals for the First Circuit found the district court did not abuse its discretion by departing from the Lodestar method in awarding attorneys’ fees.

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Patent reform becomes law of the land *

USA - September 12 2011
The new law includes revisions that affect both patent prosecution strategy and patent litigation strategy.

Co-authors: Paul Devinsky.

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No en banc rehearing for the 25 percent rule *

USA - June 30 2011
By a vote of 10-1, the U.S. Court of Appeals for the Federal Circuit denied Uniloc’s requests for a panel rehearing and for a rehearing en banc, respectively.

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The House enters the patent reform fray *

USA - April 29 2011
The U.S. House of Representatives March 30 began discussion on a patent reform bill, H.R. 1249, introduced earlier that day.

Co-authors: Paul Devinsky.

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