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Returning Fire: The Respondent's Brief and Several Supporting Amicus Curiae Briefs in Gunn v. Minton
Earlier we reported on both the U.S. Supreme Court's grant of certiorari in the Gunn v. Minton 1 case decided by the Supreme Court of Texas 2 and the submission of Petitioner's and several supporting amicus curiae briefs. 3 Gunn...
Stripped of Controversial Provisions, Lame-Duck Patent Reform Heads to Obama's Desk
On January 1, 2013—immediately after passing the fiscal crisis bill—the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would have eroded the patent term of approximately...
Opening Shots in Gunn v. Minton: The Petitioner's Brief and Several Amici Curiae Briefs in Support
Earlier this year we reported on the granting of certiorari for the case of Gunn v. Minton 1 from the Supreme Court of Texas. 2 The case involves a claim of attorney malpractice in an underlying patent litigation matter. The...
Lame-Duck Patent Reform Goes Almost Entirely Unnoticed
With most lawmakers focused on the so called "fiscal cliff" during the current lame duck session of Congress, Representative Lamar Smith (R-TX) has quietly once again proposed legislation to reform the United States patent system. This time, few seem to...
New USPTO Dallas-Fort Worth Regional Satellite Office Finds Home in Downtown Dallas Location
The US Patent and Trademark Office (USPTO) recently announced that downtown Dallas will serve as the site for its Dallas-Fort Worth regional satellite office. The office is expected to be a place where small businesses and entrepreneurs can learn how...
Gunning for the Supreme Court: A "Substantial" Case "Arising" from Texas That Means More Than You Think!
On Friday, October 5, 2012, the U.S. Supreme Court granted certiorari in Gunn v. Minton , 1 seeking to address whether the Federal Circuit and other courts following its lead have departed from the Supreme Court's "arising under" jurisdiction standard...
A Red-Leather Day: Giving Single Color Trademarks in the Fashion Industry a Little Sole
On Wednesday, September 5 th , 2012 the U.S. Court of Appeals for the Second Circuit delivered its much anticipated decision in the case of Christian Louboutin et al. v. Yves Saint Laurent America, Inc., No.11-3303 , holding that Louboutin...
New America Invents Act Provisions Set to Become Effective in September 2012
The switch to a modified first-inventor-to-file system will not take place until March 16, 2013, but notably several provisions of the Leahy-Smith America Invents Act (AIA) will take effect in one month, on September 16, 2012. The U.S. Patent and...
USPTO Opens a Satellite Patent Office in Dallas
On July 2, 2012, the United States Patent and Trademark Office (USPTO) announced the selection of Dallas, Texas as the location for one of its satellite patent offices, and it was the sole southern city chosen. The Dallas satellite office...
Federal Circuit Passes Torch From Juries to Judges for Willful Infringement Determinations
Just in time for the London 2012 Summer Olympics, the Federal Circuit, in Bard Peripheral Vascular v. W.L. Gore & Assocs., 1 passes the torch from juries to judges on willful infringement determinations in patent litigation. With an en banc...
How to Feel About the "Big Reveal": Roundup on the Land Rush for New gTLD Applications
The curtain has been drawn back and the applicants and applied-for strings of new gTLDs have taken center stage this week. Ultimately, the "Big Reveal" exposed what many had long speculated, namely, a fair number of large brand name businesses...
What's the Deal with the "Big Reveal"? Getting Exposed to the List of New gTLD Applicants and Applications
The Internet Corporation for Assigned Names and Numbers (ICANN) has identified June 13, 2012 as the target date for publication of the full list of applied-for new generic top-level domain names (gTLDs), as well as pertinent information regarding Applicant names...
'Round the Turn They're A-Comin'! The Wild Patent Enforcement Ride of Marine Polymer v. HemCon
Problems arise when you suddenly realize that you have prepared for one type of race and you find yourself in the middle of a completely different type of competition. Those involved in patent infringement cases analogize the process to running...
USPTO Preliminary Guidelines Spread Mayo on Patent-Eligibility
A day after the United States Supreme Court delivered its decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. , 1 the United States Patent and Trademark Office issued preliminary guidance 2 instructing examiners to reject process claims that invoke...
Can't Touch This - Supreme Court Finds Personalized Medicine Patent Claims Invalid
In Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Supreme Court of the United States held unanimously that claims directed to a method of altering a drug dose based on levels of the drug’s metabolite are ineligible for patent protection...