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AIPLA Reports 

AIPLA Reports is a new and exclusive online information service that delivers substantive, to the point, and useful information to all AIPLA members.  Substance, clarity, and brevity are the hallmarks of this newsletter.  Cases, rulemaking, legislation, and industry developments are carefully distilled and reported. [Members benefit - Login Required]

2004 AIPLA Reports Archives

AIPLA Reports

Topic(s) include:

  • New Trademark Fees Go Into Effect January 31, 2005
  • Anticounterfeiting and Online Identity Bill Is Cleared for White House
  • Supreme Court Review of Grokster Will Examine Secondary Liability
  • Most of Blackberry Verdict Is Affirmed
  • Federal Circuit Hears Oral Argument on Applying §271(f) to Software
  • Supreme Court: Trademark Fair Use May Apply Without Considering Confusion
  • President Signs Bill Making New Fees Effective on December 8, 2004
  • President Signs Bill to Create Copyright Royalty Judges
  • President Signs Bill to Renew Satellite Compulsory Licensing
  • Federal Circuit Will Identify Panel Members Earlier
  •  2005 Patent and Trademark Fees
  • Effective Date of Trademark Fees Will Await PTO Rulemaking
  • New Fees Will Not Go Into Effect Before December 6
  • Congress Acts on Last Minute IP Legislation
  • Congress Passes Fee Increase Bill Without Anti-Diversion Provision — Congress on November 20, 2004, agreed on PTO fee increases and appropriations incorporated into an omnibus appropriations bill (H.R. 4818).
  • AIPLA Amicus Brief Urges Review of Grokster Decision
  • Supreme Court Asks for Government Brief on Claim Drafting and Equivalents
  • Inadvertent Violations of Appellate Rules May Be Sanctioned
  • Government Files Summary Judgment Motion in Suit over Fee Diversion
  • Patent Agents Receive Invitation to Join AIPLA
  • Patent Opposition Bill Includes Other Patent Reforms
  • Anti-circumvention Injunction on Printer Cartridge Chip Is Lifted
  • Dismissal of DJ Action Was Abuse of Discretion
  • Invalidity and Noninfringement Analysis for Furniture Designs Was Improper
  • CAFC Law Controls Appealability of Order to Enjoin Parallel Action
  • ‘Clear Disavowal’ of Claim Scope May Be Implied
  • Congress Passes Limits on Charitable Deductions for IP
  • Congress Adjourns With Patent and Copyright Bills Pending
  • AIPLA Amicus Brief Urges Rehearing in Plant Patent Case
  • Solicitor Invited to Advise on Infringement by Pre-Clinical Uses
  • Court Denies Review of Sixth Circuit Finding of Per Se Antitrust Violation
  • Court Denies Review of Decision Denying Subpoena to Identify ISP Subscribers
  • No Presumption of Ordinary Meaning Without Accepted Meaning in Art
  • Lost Sales of Affiliated Licensee May Not Be Claimed As Patent Damages
  • Criminal Copyright Bootlegging Statute Is Unconstitutional
  • Festo Presumption Is Rebutted by ‘Tangential Relation’ Evidence
  • AIPLA Files Amicus Briefs in Claim Construction and Fee Diversion Cases
  • House Passes H.R. 4077 to Combat Piracy and Exempt Certain DVD Devices
  • Congress Makes Progress on PTO Fee, Copyright and Counterfeiting Bills
  • New California Law Criminalizes Unauthorized Movie and Music Distribution
  • Correction of Inventorship Suit Is Barred by Eleventh Amendment
  • Proof of Unauthorized Access Is Required for DMCA Claim
  • No De Minimis Defense for Sampling Infringement of Sound Recording
  • PTO Issues Final Rules to Implement Part of Strategic Plan
  • PTO Issues Final Rules on Electronic Madrid Filings
  • Senate Bill Would Fund PTO for One Year Without Stopping Fee Diversion
  • Adverse Inference from Refusing to Disclose Counsel Opinion Is Dropped — Knorr-Bremse Systeme Fuer Nutzfahrzeuge GMBH v. Dana Corp., Fed. Cir., No. 01-1357, 9/13/04.
  • PTO Issues Method Patent on Cloning Mammals
  • PTO Fees Are Increased to Reflect Changes in CPI
  • Final Trademark Rules Are Announced on Corrections and Cancellations
  • Functional Description Was Not Enough for DNA Patent
  • Embodiments Were Improperly Used to Construe Claim Term
  • Grokster Peer-to-Peer System Is Not Contributorily Infringing
  • Foreign Sales Can Enable Printed Publication of Plant for Anticipation
  • Toothbrush Art Is Analogous Art for Hair Brush Claim
  • Dudas Will Be Named PTO Director in Recess Appointment
  • Trademark Commissioner Chasser Will Resign in September
  • En Banc Federal Circuit Will Review Claim Construction Issues
  • Insufficient Showing of Utility for Tagged Sequence Barred EST Claim
  • Personal Name Lacked Secondary Meaning for Misattribution Claim
  • Family Movie Act Is Approved by House Judiciary Committee
  • Copyright Office Endorses Codification of Inducement Liability
  • En Banc Review Is Denied for Written Description Ruling
  • Walker Process Claim Is Controlled by Federal Circuit Law
  • Section 271(f) Applies Only to Components ‘From’ United States
  • Government Advises Against Cert in Per Se Antitrust Case
  • Enactment of Copyright Restoration Did Not Violate Constitution
  • AIPLA Testifies in Favor of Creating Post-Grant Opposition Procedure
  • Senate Passes Patent Nonobviousness Bill and Criminal Copyright Bills
  • House Judiciary Committee Approves Bill on Counterfeit Labels
  • Witnesses Disagree on DVD Liability Exemption
  • Senate Judiciary Approves Bill to Extend Satellite Copyright Provisions
  • New Bill Would Codify Inducement of Copyright Infringement
  • New Bill Would Extend Bar on Counterfeit Goods to Counterfeit Labels
  • PTO Issues Final Rules on Computerized Exam for Practitioners
  • Amended Rule on Patent Term Adjustment Calculation Is Clarified
  • Final Rules Are Issued on Notice for Phonorecord Compulsory License
  • Final Rules Are Issued on Service, Testimony, and Production
  • AIPLA Critiques PTO’s Proposed Ethics Rules
  • Rewriting Dependent Claims Can Bar Equivalents Infringement
  • Low Risk of Misdispensing Drug Does Not Resolve Trademark Confusion
  • Title 17 Fees May Be Awarded for Trial on State Law of Ownership
  • Final Rules Are Issued on Powers of Attorney and Assignment Documents
  • Senate Judiciary Committee Approves Dudas and Reports Copyright Bill
  • Fee Bill Faces Resistance From Senate Appropriators
  • Abrogation of State Immunity for IP Was Not Rooted in 14th Amendment
  • Printed Matter Doctrine Bars Patentability of Prior Art Lab Kit
  • Federal Circuit Has Interlocutory Jurisdiction In Arbitration Case
  • Senate Judiciary Holds Confirmation Hearing on Dudas Nomination
  • Senate Judiciary Approves Bills on Patent Fees and Nonobviousness for Joint R&D
  • Senate Judiciary Approves Bills on Criminal Violations of Copyright on Internet
  • House Subcommittee Marks Up Satellite Reauthorization Bill
  • Proof of Priority Fails Without Translation of Prior Application
  • Bad Faith Issue Is Not Determinative of Fair Use
  • House IP Subcommittee Considers Amending Federal Dilution Law
  • House IP Subcommittee Approves P2P and Internet Bills
  • Patent Policy Has No Role in Claim Construction
  • Hybridoma Applications Did Not Create Priority for Genetic Engineering Claims
  • Board Orders Based on Conferences Do Not Violate Writing Requirement
  • Final Rule Permits Patent Term Adjustment for Delay of Board Remand
  • White House Will Nominate Dudas as PTO Director
  • House Passes Legislation to Relax Obviousness for Joint R&D Programs
  • House Subcommittee Considers Reform of Copyright Compulsory License
  • Written Description Requirement Is Independent of Enablement
  • Indefiniteness Invalidity Applies Only When Claim Cannot Be Construed
  • Prosecution History of Later Patent Is Relevant to Scope of Earlier Patent
  • Final and Proposed Rules Are Issued on Compulsory Licenses
  • House Passes Fee Bill with Rebate Provisions to Address Diversion
  • House Passes Bill to Reform Royalty Arbitration Proceedings
  • House Energy Chooses FTC Policing of Database Misappropriation
  • Amended Fee Bill Would Address Diversion With Certain Fee Rebates
  • Claim Term Is Not Limited to Technology of Filing Date Absent Clear Disavowal
  • Feature in Specification with Single Embodiment Did Not Limit Claim
  • Court Construes ‘Temporary Presence’ Infringement Exemption
  • Disclosed and Unclaimed Subject Matter Is Lost If Understood by One of Skill
  • Fact Issue Barred Summary Judgment for Online Safe Harbor Defense
  • Copyright Office Proposes New Rules on Service, Testimony, and Production
  • House Judiciary Approves Amended Bills on Obviousness and Databases
  • President’s 2005 Budget Would End Diversion of PTO Fees
  • Copyright Office Issues Final Rules on Sound Recording Performance Royalties
  • En Banc CAFC Hears Oral Argument on Willful Infringement
  • AIPLA Files as Amicus Curiae to Oppose Per Se Antitrust Ruling
  • Risk of New Matter Rejection Does Not Avoid Prosecution History Estoppel
  • Disclosure of Single Embodiment Did Not Limit Patent Scope
  • Use of Trademarks in Website List for Keyed Ads May Be Infringing
  • Inherent Anticipation Does Not Require Prior Recognition
  • Antibody Patent Application Lacked Sufficient Written Description in Parent
  • Court Will Consider Whether Fair Use Trumps Likely Confusion
  • Amended Limitation Did Not Estop Equivalents Infringement
  • ‘Comprising’ Term Made Finding of No Interference Improper
  • Use of Term in Cited Prior Art Patent Affects Claim Construction
  • Copyrighted Works in Digital National Geographic Are Privileged Revisions
  • Jon Dudas Becomes Acting Director of USPTO
  • PTO Issues Rule Revisions on Inter Partes Reexamination
  • PTO Extends Suspension of Electronic Madrid Filings
  • PTO Requests Comments and Schedules Roundtable on Inter Partes Reexam
  • PTO Proposes  Rules on Amending and Correcting Trademark Registrations
  • PTO Plans to Stop Mailing Cited Patents with Office Actions
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Click HERE to view the AIPLA Reports from 2005

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