(Prepared Remarks) David Kappos Swearing In Ceremony August 13, 2009 USPTO Thank you Secretary Locke for your support, for joining today and for your focus on the USPTO and the American IP system. I also want to thank President Obama for appointing me to this position. And thanks to all of you who came out […]

Exergen sued Wal-Mart, CVS, and several thermometer makers (including SAAT) for infringement of three patents covering infrared detecting thermometers. The U.S. Court of Appeals for the Federal Circuit ruled that one of the patents was invalid because it is inherently anticipated, and the other two were not infringed. See Exergen, Corp. v. Wal Mart Stores. […]

Take it for Pain. Take it for Life. ~ Bayer aspirin slogan Drospirenone is a progestin that inhibits ovulation. While known in the art, Bayer patented formulations of drospirenone, one of the active ingredients in Yasmin® a daily oral contraceptive. Now, the U.S. Court of Appeals for the Federal Circuit has ruled that the patent […]

Dealing with the Patent Office is a lot like standing in front of the airline ticket counter where the agent keeps typing in endless strings of random numbers and letters and politely explains that you can’t possibly make a change in your reservation because your ticket is a A389X-27-Purple ticket and not the B347L-Triple-Lindy ticket. […]

5th Annual Developing IP Strategies for Crystalline Forms is to be held November 09 – 11, 2009, at the Regus Conference Centre, 1 Broadgate Circus, London. Now, Patent Baristas readers can get an extra 10% off by using discount code BLOG when registering and can access our free resource centre containing past presentations from the […]

Congress is busy doing what it does best. That is, taking a massive, overly-convoluted piece of legislation and making it more complex with amendments. And so it is with the “America’s Affordable Health Choices Act of 2009” bill (H.R. 3200, 1018 pages and counting). After adding in hundreds of amendments that never seem thoughtfully considered […]

After McNeil appealed obviousness rejections to the US Patent and Trademark Office Board of Patent Appeals and Interferences, the Board dismissed the whole business as filed in an untimely manner. McNeil took the case to the US Court of Appeals for the Federal Circuit who sided with them that the appeal was timely and the […]

In a combined proceeding in which a third person sought re-examination of an issued patent (Re-examination No. 90/005,892) and the patentee sought re-issue of the patent to broaden the claims, the United States Patent and Trademark Office’s Board of Patent Appeals and Interferences held the patent claims invalid on multiple grounds, including that they would […]