2011 AIPLA Reports

AIPLA Reports is an 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]

AIPLA Reports	Topic(s) include:
December 19, 2011	Requests for Prioritized Examination Are Permitted after Requests for Continued Examination
December 8, 2011	Supreme Court Appears to Move Closer to CAFC View of Patent Eligibility, Mayo Collaborative Services v. Prometheus Laboratories, Inc., U.S. No. 10-1150, oral argument 12/7/2011.
November 29, 2011	PTO Issues Amended Rules for Ex Parte Appeals at BPAI
November 22, 2011	En Banc Federal Circuit Strains to Find Rule for Direct Infringement of Method Claims by Multiple Parties, Akamai Technologies, Inc. v. Limelight Networks, Inc., Fed. Cir. No. 2009-1372, and McKesson Technologies Inc. v. Epic Systems Corp., Fed. Cir. No. 2010-1291, en banc oral arguments 11/18/2011.
November 7, 2011	Supreme Court Hears Oral Arguments on Constitutionality of Copyright Restoration, Golan v. Holder, U.S., No. 10-545, oral argument 10/5/2011,
November 3, 2011	Patent Commissioner Stoll Announces Retirement; Deputy Commissioner Focarino Is Named Successor
November 2, 2011	Palestinian UNESCO Membership Endangers U.S. Funding of WIPO
October 4, 2011	Supreme Court on Opening Day Denies Review in IP Cases
September 16, 2011	President Obama Signs Patent Reform Legislation
September 9, 2011	Senate Vote Sends Patent Reform Legislation to White House
August 29, 2011	Date-of-Enactment Patent Reform Provisions Cover Best Mode, Marking, and Taxes
August 23, 2011	Some New Fee Provisions in Patent Reform Bill Would be Effective on Enactment
August 18, 2011	Patent Reform Changes in Reexamination Expected on Date of Enactment
August 17, 2011	Beauregard Claim with Unpatentable Method Steps Does Not Satisfy 35 U.S.C. 101, Cybersource Corp. v. Retail Decisions, Inc., Fed. Cir., No. 2009-1358, 8/16/2011.
August 12, 2011	Irreparable Harm May Not Be Presumed from Likely Success in Copyright Suit, Perfect 10, Inc. v. Google, Inc., 9th Cir., No. 10-56316, 8/3/2011.
August 10, 2011	State's District Court Challenge of TTAB Decision Waived Sovereign Immunity, Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc., 7th Cir., No. 08-4164, 8/5/2011.
August 9, 2011	USPTO Encourages End-to-End Electronic Trademark Prosecution
August 8, 2011	USPTO Acts to Anticipate Implementation of Near-Term Patent Reform Requirements
July 29, 2011	Isolated DNA Molecules Used for Cancer Screening Are Patent Eligible, Association for Molecular Pathology v. USPTO, Fed. Cir., No. 2010-1406, 7/29/2011
July 22, 2011	PTO Proposes Rule Amendments to Implement Therasense
June 24, 2011	House Passes Patent Reform Bill by Vote of 304-117
June 9, 2011	Supreme Court Reaffirms Clear and Convincing Standard for Proof of Patent Invalidity, Microsoft Corp. v. i4i Limited Partnership, U.S., No. 10-290, 6/9/2011
June 7, 2011	Bayh-Dole Did Not Change Law on Original Ownership of Patents, Board of Trustees for Leland Stanford Junior University v. Roche Molecular Systems, Inc., U.S. No. 09-1959, 6/7/2011
June 3, 2011	House Judiciary Committee Files Report on Patent Reform
June 2, 2011	Maria A. Pallante Is Named New Register of Copyrights
May 31, 2011	Knowledge of Patent Is Required for Inducement, But Willful Blindness Will Do, Global-Tech Appliances Inc. v. SEB S.A., U.S., No. 10-6, 5/31/2011.
May 25, 2011	En Banc Federal Circuit Adopts But-For Materiality for Inequitable Conduct Determinations, Therasense Inc. v. Becton Dickinson and Co., Fed. Cir. en banc, No. 2008-1511, 5/25/2011.
May 23, 2011	Government Urges Supreme Court to Decline Review in Indefiniteness Invalidity Case, Applera Corp. v. Enzo Biochem, Inc., U.S., No. 10-426, 5/17/2011
April 24, 2011	USPTO Announces Severe Cuts in Plans Due to Funding Issues
April 22, 2011	En Banc CAFC Will Consider Infringement Liability Where Multiple Parties Perform Claimed Step, Akamai Technologies, Inc. v. Limelight Networks, Inc. Fed. Cir., No. 2009-1372, 4/21/2011.
April 20, 2011	En Banc CAFC Revises Rules for Contempt Determinations, Tivo Inc. v. EchoStar Corp., Fed. Cir. en banc, No. 2009-1374, 4/20/2011.
April 19, 2011	Supreme Court Hears Oral Argument on Burden for Proving Patent Invalidity, Microsoft Corp. v. i4i Limited Partnership, U.S. No. 10-290, oral argument 4/18/2011.
April 14, 2011	House Judiciary Committee Amends and Approves Patent Reform Bill
April 12, 2011	AIPLA Expresses Deep Concern on USPTO Funding in Continuing Resolution
April 8, 2011	USPTO Prepares for Possible Government Shutdown
April 5, 2011	PTO Issues Final Rule to Implement Prioritized Examination Track (Track I)
April 5, 2011	Federal Circuit Oral Argument on Eligibility of Genes for Patenting Also Explores Standing Questions, Association for Molecular Pathology v. Myriad Genetics, Inc., Fed. Cir., No 2010-1406, oral argument 4/4/2011.
March 23, 2011	Court Refuses to Approve Settlement of Authors' Suit over Google's Scanning of Books, The Authors Guild v. Google, Inc., SDNY, No. 05 Civ. 8136 (DC), 3/22/2011.
March 17, 2011	AIPLA Urges Australia to Resist Ban on Gene Patents
March 8, 2011	Senate Passes Historic Patent Reform Bill
March 4, 2011	First-Inventor-to-File Provisions Remain in Patent Reform Bill
March 3, 2011	Senate Moves to Approve Patent Reform Bill
March 1, 2011	Supreme Court Hears Oral Argument in Bayh-Dole Case, Board of Trustees for Leland Stanford Junior University v. Roche Molecular Systems, Inc., U.S. No. 09-1959, oral argument 2/28/2011
February 8, 2011	AIPLA Urges Supreme Court to Preserve Clear and Convincing Standard of Proof, Microsoft Corp. v. i4i Limited Partnership, U.S., No. 10-290, amicus brief filed 2/2/2011.
February 5, 2011	Senate Judiciary Committee Approves 15-0 Patent Reform Bill
January 7, 2011	AIPLA Supreme Court Amicus Brief Addresses Scienter for Inducement to Infringe, Global-Tech Appliances Inc. v. SEB S.A., U.S., No. 10-6, 1/6/2011 Federal Circuit Eliminates 25 Percent Rule for Damages Calculations, Uniloc USA, Inc. v. Microsoft Corporation, Fed. Cir., No. 2010-1035, 1/4/2011 State Incorporation in Anticipation of Litigation Gets No Weight for Venue Decision, In re Microsoft Corporation, Fed. Cir., Misc. No. 944, 1/4/2011. Weighing Judicial Economy Over Convenience of Parties Was Not Abuse of Discretion, In re Vistaprint Ltd., Fed. Cir. Misc. No. 954, 12/15/2010. USPTO Newsletter Subscription Series Is Now Available

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