Patent Baristas

Kurt Karst of the FDA Law Blog ran a nice update on patent term extension (PTE) legislation. The legislation, known as the “Dog Ate My Homework Act,” would permit the U.S. Patent and Trademark Office to exercise discretion to accept untimely filed Patent Term Extension (PTE) applications has been added to the Patent Reform Act […]

The USPTO has published in the Federal Register a notice of proposed rulemaking regarding appeals to the USPTOs Board of Patent Appeals and Interferences (BPAI).  The proposed rules are in anticipation of the flood of appeals that will result if (read: when) the new USPTO rules limiting continuation practice go into effect.  (see:  USPTO Proposes […]

One of the less-noticed items during the Senate Judiciary Committee mark-up of the Patent Reform Bill (Senate Bill S. 1145) was the adoption of Senator Specter’s amendment on venue. Following is an analysis of that amendment: S. 1145 (before today): Implements venue reform by limiting venue to where (1) either the patent holder or infringer […]

In a unanimous vote, the U.S. House Judiciary Committee gave the thumbs-up to new patent-reform legislation, the Patent Reform Act of 2007, H.R. 1908 (see also  S. 1145, which the tech industry has been pushing. The Patent Reform Act would: Allow a second review of patents after they have been granted to challenge the validity of […]

Despite the complaints directed to the Office of Management and Budget, OMB has given its thumbs-up to the USPTO’s proposed rules on continuations and claims: RIN: 0651-AB93, Changes to Practice for Continuing Applications, Requests for Continued Examination Practice, and Applications Containing Patentably Indistinct Claims (Fed. Reg. 71: 48-61 (January 3, 2006) (“Continuations Rule”) RIN: 0651-AB94, […]

In a letter to Senator Patrick J. Leahy, Chairman, Committee on the Judiciary, the Department of Justice waded into the cesspool of patent reform throwing out its opinion on the provisions of the Patent Reform Act of 2007, S. 1145 and H.R. 1908. Among other critiques having to do with venue and appeals of Markman […]

In a sign of “piling on”, more than 200 organizations and businesses have signed on to a letter to Chairman Leahy, Chairman Conyers, Chairman Berman, Senator Specter, Representative Smith, and Representative Coble of the Committee on the Judiciary regarding patent reform bill. The group voiced serious concerns with certain provisions of The Patent Reform Act […]

Chief Justice Paul Michel of the U.S. Court of Appeals for the Federal Circuit wrote late last week to Shanna Winter, Howard Berman’s staff in charge of patent reform. Michel expressed concerns regarding determining damages in patent infringement cases under the reasonable royalty language of the Patent Act. Michel references an article by patent litigator […]