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The U.S. Patent and Trademark Office updates patent term adjustment rules

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • May 22 2013

On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published interim final rules that implemented changes to patent term adjustment (PTA

Assignments in the United States do not always pass muster in Europe

  • Nutter McClennen & Fish LLP
  • -
  • European Union, USA
  • -
  • January 15 2013

In the United States, where an inventor must assign ownership of patent rights to his or her employer or another company, he or she signs an

What does reasonable and non-discriminatory mean, anyway?

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • May 22 2013

Industry standards can lower costs and increase interoperability between related technologies. These standards are developed by standard setting

After the AIA - strategies for expediting patent filings

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • May 22 2013

While the America Invents Act (AIA) brought many significant changes to the U.S. patent laws, there is arguably no more impactful change than the

Functional claim language to infringe, must the device be designed to perform the function, or just be capable of performing the function?

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • March 15 2013

Claiming an apparatus in terms of what it does, referred to as "functional claim language," rather than the structure of the apparatus itself, is a

Allegations of contributory and willful infringement dismissed for failure to state a claim

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • February 15 2013

Select Retrieval, LLC ("Select") alleges infringement by Defendant Bulbs.com, Inc. ("Bulbs") of U.S. Patent No. 6,128,617 ("the ‘617 patent"

Judge Saylor stays MDL patent infringement case brought by Body Science LLC pending reexamination

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • February 15 2013

Plaintiff Body Science LLC ("Body Science") filed patent infringement actions against a number of defendants, which have been consolidated for

Judge Woodlock grants summary judgment in favor of patentee on inventorship issues

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • February 15 2013

The District Court (Woodlock, D.J.) granted summary judgment confirming the patent-in-suit was not invalid for failure to name a co-inventor and also

New tools for arguing against the use of hindsight and common sense in obviousness rejections

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • July 16 2012

In a victory for patent applicants and owners, a recent decision by the Federal Circuit re-emphasized the importance of the Graham factors to avoid the ever-present risk of using hindsight when making an obviousness determination, and questioned the all-too-familiar reliance on “common sense” to make obviousness arguments

1.5 years later, patent applicants can finally take advantage of micro entity fees

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • March 15 2013

Although the provisions of the Leahy-Smith American Invents Act creating the micro entity status went into effect on September 16, 2011, patent