Banner & Witcoff Ltd
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Federal Circuit closes off possible standing defense to false marking defendants
Banner & Witcoff Ltd
USA
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On August 31, 2010, the Court of Appeals for the Federal Circuit handed down its third major decision in the last nine months on the issue of false marking in Stauffer v. Brooks Bros., Inc.
Supreme Court eases test for patentability in Bilski v. Kappos
Banner & Witcoff Ltd
USA
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The U.S. Supreme Court has ruled that a business method invention was not entitled to a U.S. patent because it was merely an abstract idea.
Federal Circuit decision on false marking: Pequignot v. Solo Cup
Banner & Witcoff Ltd
USA
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On June 10, 2010, the Court of Appeals for the Federal Circuit handed down its second major decision in the last six months on the issue of false marking in Pequignot v. Solo Cup Co.
USC’s Trojans hit a home run in a trademark battle over “SC”
Banner & Witcoff Ltd
USA
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In University of South Carolina v. University of Southern California, No. 2009–1064 (Fed. Cir. Jan. 19, 2010), the U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to not cancel an “SC” word mark registration owned by the University of Southern California (Southern Cal), and refusing to register another “SC” design mark owned by the University of South Carolina (South Carolina) in view of, among other things, Southern Cal’s “SC” word mark.
Federal Circuit holds that USPTO has been shortchanging on patent term adjustments
Banner & Witcoff Ltd
USA
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If you hold a patent that issued more than three years after filing, you should check to see if it is entitled to a greater patent term adjustment than was calculated by the United States Patent and Trademark Office (USPTO) at the time of issuance.
You are patent prosecution counsel: do you get to see the highly confidential information in litigation?
Banner & Witcoff Ltd
USA
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If you are patent prosecution counsel for a client involved in patent litigation, you may or may not get to see the confidential information in the litigation.
Federal Circuit signals big changes on inequitable conduct likely by year end 2010
Banner & Witcoff Ltd
USA
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On April 26, 2010 the Federal Circuit Court of Appeals signaled that big changes are likely to come soon to the law of inequitable conduct, as related to patent procurement and enforcement.
District court rules against patenting human genes
Banner & Witcoff Ltd
USA
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The ACLU filed a broad constitutional challenge to the patentability of gene sequences.
Federal Circuit reaffirms 35 U.S.C. § 112, first paragraph contains written description requirement separate from enablement requirement
Banner & Witcoff Ltd
USA
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On March 22, 2010, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision in Ariad v. Eli Lilly, reaffirming that 35 U.S.C. § 112, ¶1 contains a written description requirement separate from an enablement requirement.
Federal Circuit shifts its declaratory judgment jurisprudence
Banner & Witcoff Ltd
USA
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Federal law provides businesses with the ability to sue a patent holder to obtain a "declaratory judgment" that their products are not infringing the patent holder’s patent.