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Patent Law

June 5, 2013

Obama Taking on Patent Trolls

By Wendy Marsh In a statement released by the White House on Tuesday, President Obama issued five executive actions he will be taking against companies that collect patents for the sole purpose of licensing them and suing other companies that may or may not be violating them. These so-called "patent...

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November 13, 2012

Court Ruling – Patent Office has been Miscalculating Patent Term Extensions

By Wendy Marsh On November 8th, in Exelixis, Inc. v. Kappos, Judge Ellis of the United States District Court, Eastern District of Virginia, sided with the patentee, ruling that the U.S. Patent and Trademark Office (USPTO) has been undercalculating patent term adjustments (PTAs) to which applicants are entitled due to...

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July 11, 2012

USPTO to Open New Satellite Offices

By Wendy Marsh The United States Patent and Trademark Office (USPTO) recently announced its intention to open new regional offices in or around the cities of Dallas, Texas; Denver, Colorado; and Silicon Valley, California. These offices would be in addition to the Detroit, Michigan satellite office which is scheduled to...

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April 20, 2012

Supreme Court Affirms Patent Applicants' Ability to Present New Evidence in Patentability Determinations

By Wendy Marsh In a unanimous decision, the Supreme Court affirmed the decision of the Federal Circuit in Kappos v. Hyatt in holding that a patent applicant has no evidentiary restrictions beyond those imposed by the Federal Rules of Evidence and the Federal Rules of Civil Procedure, and therefore could...

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October 25, 2011

America Invents Act: A Summary of Revisions to US Patent Law

By Wendy Marsh As you may be aware, the America Invents Act ("Act") was signed into law by President Obama on September 16, 2011. This Act has created and will continue to create sweeping changes in U.S. patent laws. We have prepared a summary below to inform you of some...

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October 6, 2011

Inventor Extraordinaire: Steve Jobs 1955-2011

By Wendy Marsh Steve Jobs, co-founder of Apple Inc., died yesterday of pancreatic cancer at the age of 56. Jobs' technological and marketing expertise is legendary, but he will also be remembered as a remarkable and prolific inventor, who is already being compared to the likes of Thomas Edison and...

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September 16, 2011

President Obama Signs Leahy-Smith America Invents Act

By Wendy Marsh Today, President Obama signed into law the America Invents Act. The President said the bill will ease the backlog of patent applications to be examined, and shorten the approval process which now he said is on average about three years. This legislation, which marks the most significant...

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September 9, 2011

Senate Passes the Leahy-Smith America Invents Act

By Wendy Marsh The Leahy-Smith America Invents Act was passed by the House of Representatives on June 23, 2011, and yesterday, in a showing of bipartisanship, the U.S. Senate passed H.R. 1249 by a vote of 89-9 without amendment. The Senate final vote took place just over an hour before...

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June 28, 2011

House Passes Leahy-Smith America Invents Act

By Wendy Marsh On June 26th, the U.S. House of Representatives passed the Leahy-Smith America Invents Act by a vote of 304-177. As the bill differs slightly from the text that was approved overwhelmingly by the Senate (95-5), it will not yet be going to President Obama for signature. Instead,...

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June 14, 2011

Supreme Court upholds "clear and convincing" standard for invalidating patents

By Wendy Marsh In a unanimous decision dated June 9th, the U.S. Supreme Court upheld a $290 million jury verdict against Microsoft Corporation for patent infringement in Microsoft Corp. v. i4i Limited Partnership and Infrastructures for Information Inc. In doing so, the Court rejected Microsoft's contention that a patent infringement...

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