The decisions of the Federal Circuit discussed in the 2010 KSR Guidelines Update provide additional examples of the law of obviousness. The purpose of the 2007 KSR Guidelines was to help Office personnel to determine when a claimed invention is not obvious, and to provide an appropriate supporting rationale when an obviousness rejection is appropriate. […]

The United States Patent and Trademark Office (USPTO) issued an update to its obviousness guidelines to be used when applying the law of obviousness under 35 U.S.C. 103. This 2010 KSR Guidelines Update highlights case law developments on obviousness under 35 U.S.C. 103 since the 2007 decision by the United States Supreme Court (Supreme Court) […]

The Federal Circuit recently affirmed that an admission that an accused infringing device practices an industry standard may, without more, be the basis for a finding of infringement.  Fujitsu, LG and Philips v. Netgear, US Court of Appeals for the Federal Circuit (10-1045). Philips asserted claims of U.S. patent no. 4,974,952, Fujitsu asserted claims from […]

In March 2010 the United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (IPO) announced plans to begin cooperation on increasing the efficiency and quality of the patent examination process by making greater use of each other’s work on commonly filed patent applications and eliminating duplication of work.  This initiative […]

Seminar – The Entire Market Value Rule and the End of Casual Empiricism The entire market value rule (or “EMVR”) allows for the recovery of patent infringement damages based on the value of the entire product that contains an infringing component (when the patent-related feature is the basis for consumer demand). It has historically been […]

The Program: Kauffman FastTrac® TechVenture is a hands-on business development program specifically designed to assist scientists, inventors, engineers and IT developers in southwest Ohio to commercialize a new technology or take an existing tech business to the next level. The Format: Kauffman FastTrac® TechVenture will be presented over a eight-week period beginning Tuesday, October 19, […]

Fellow bloggers J. Matt Buchanan (matt@bnip.com) and Stephen M. Nipper (steve@bnip.com) are joining forces to create a new law firm Buchanan Nipper LLC. In 2008, Matt opened the doors to his new firm, Buchanan Intellectual Property Office LLC (BIPO). Steve has been with Dykas, Shaver & Nipper, LLP in Idaho. The new firm is set […]

The Licensing Executives Society is holding its Annual Meeting in Chicago at the Chicago Sheraton Hotel & Towers September 26-29. Themed ‘Deals, Deals and more Deals’ the meeting will focus on the critical role IP plays in today’s most successful business strategies and will explore ways to leverage IP to maximize deal-making and profitability. This […]