FR 2020-22420 Proposed CLE Requirement 9OCT2020 Beginning in March of 2022, the USPTO will require patent practitioners registered with the office to submit a mandatory registration statement biennially. The registration statement includes an acknowledgement that the practitioner has completed 6 credits of CLE within the previous 24 months. The above notice requests public comment on […]
Alleging PTO error cost him “huge amount of fees” and “valuable time,” inventor concludes that “USPTO doesn’t have right to keep the fees paid due to the negligence, unethical practices and misconduct by USPTO employees.” Multiple petitions for refund filed for PTO error I feel ya’ buddy, I really do….
Illumina v Ariosa rehearing “Method of preparation” claims survive §101 challenge at the Federal Circuit
IBSA v Teva Though IBSA provided direct and indirect evidence that one of ordinary skill in the art would understand the term to be a synonym of “semi-liquid,” the Federal Circuit discounted it. The Court instead found support in a prosecution history where the term was not directly at issue. Background IBSA is the assignee […]
Genentech v. Iancu, Appeal Nos. 2019-1263, 2019-1267, Fed. Cir., March 26, 2020. Genentech owns US Patent Nos 7,846,441 and 7,892,549, directed to the treatment of cancer with a combination of an antibody and a taxoid, without anthracycline. The patents share a specification, and the claims of each require that the combination be administered in an amount […]
And relying on the exemplary data provided with the offer as proof of reduction to practice, without disclosing the offer, is not a good idea. GS Cleantech v Adkins Energy, No. 2016-2231 (Fed. Cir. March 2, 2020). The US District Court for the Southern District of Indiana (“District Court”) found four of Appellants patents (US […]
See, Kaken Pharma v Iancu, __ F.3d __, (Fed. Cir. Mar. 13, 2020) (Newman, O’Malley, TARANTO) and Personalized Media v Apple, [2018-1936] (Fed. Cir. March 13, 2020) (Reyna, Taranto, STOLL). In Kaken, the Federal Circuit used unequivocal statements in the specification and prosecution history, upon which the Examiner relied in allowing the claims, to reverse […]
With a Federal Circuit citation, no less. In Ex parte Moffat, USSN 15/227,827, the claims on appeal were directed to toner compositions with white colorants. Independent claim 1 recited, in pertinent part: An emulsion aggregation toner having toner particles comprising … one single white colorant consisting of titanium dioxide… While claim 21, dependent from claim […]
Wait … what? This argument came up and prevailed – twice – in Tech Center 1700 PTAB decisions in November. First, Ex parte Gama, US Patent Application No 12/042641, Appeal 2019-002094, decided November 5, 2019. In Gama, the Examiner found claims directed to a fuel filter obvious over two references. The motivation to combine, the […]
Applicants/Appellants in the food arts, rejoice! In Ex parte Elejalde, US Patent Application Serial No. 14/119,935, Appeal 2019-003528 decided November 21, 2019 (Ex parte Elejalde), the claims recite a pan coating process using two drums. A liquid is taught to be applied in the first drum, and a powder applied in the second such that […]