[This is the second in a series of postings regarding the various proposals in the Patent Act of 2005.] Assignee Filing Currently, a patent application can only be filed in the United States in the name of the inventors. The Patent Act of 2005 would amend the law to allow the assignee of the invention […]

The lines have been drawn in the sand regarding the Patent Reform Act of 2005 (HR 2795). Most recently, testimony was given (Legislative Hearing on “The Amendment in the Nature of a Substitute to H.R. 2795, the ‘Patent Act of 2005’ ” (September 15, 2005) before the Subcommittee on Courts, the Internet, and Intellectual Property […]

Blawg Review #42, is up at Cyberlaw Central bringing the answer to life, the universe and everything! In his memory, the theme for Blawg Review #42 revolves around the most famous work of Douglas Adams [1952-2001]. Don’t miss David Maister’s post at Passion, People and Principles. In his recent post entitled Warlords and Dickensian Factory […]

The Federal Circuit recently addressed the issue of collateral estoppel in a jury’s determination of a reasonable royalty where two infringing products were sold at different times, thus making the hypothetical royalty negotiations different. In Applied Medical Resources Corporation v. United States Surgical Corporation, the U.S. Court of Appeals for the Federal Circuit (05-1149, Jan. […]

When properly maintained, a laboratory notebook is important in establishing a permanent record that can be referred to in the future to prove what was done during the course of research. When improperly kept, it may fail to prove what was conceived or invented, and it may fail to fix important critical dates. Laboratory notebooks […]

In Fredric A. Stern v. Columbia University and Laszlo Z. Bito, the U.S. Court of Appeals for the Federal Circuit (05-1291) affirmed a District Court motion for summary judgment that Stern failed to present sufficient evidence to be added as co-inventor of U.S. Patent No. 4,599,353 (“the ’353 patent”), a patent owned by Columbia University. […]

Well, here it is. The 120th Edition of Carnival of the Capitalists. Our hat tip to Jay Solo for letting the Baristas host this week. We have to admit, this was a very difficult task given the lack of sunlight around the Midwest in January – hence, our dire need for coffee. We’d rather just […]

In following the status of the reexamination request on Pfizer’s Viagra (sildenafil citrate) patent (U.S. Pat. No. 6,469,012), we find that Pfizer has filed a response to the outstanding Nonfinal Office Action. See the Nonfinal Office Action here. To recap, Pfizer filed a patent infringement lawsuit against ICOS, Lilly ICOS, and Lilly in the United […]