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USPTO Announces Revised Guidance on Sections 101 and 112
January 4, 2019The United States Patent and Trademark Office (USPTO) on January 4, 2019, announced newly revised 35 U.S.C. § 101 guidance for use by USPTO personnel in evaluating subject matter eligibility. The USPTO also announced guidance on the application of 35 U.S.C. § 112 to computer-implemented inventions.
USPTO Issues Final Rule on Claim Construction Standard
October 11, 2018The final rule replaces the "broadest reasonable interpretation" standard with the federal court claim construction standard, also known as the Phillips standard, that is used to construe a claim in a civil action under 35 U.S.C. § 282(b).
David Ruschke to Become Senior Advisor to Patents
September 2, 2018USPTO Patent Trial and Appeal Board (PTAB) Chief Judge David P. Ruschke is stepping down from his current role on September 2, 2018, to accept a new position as Senior Advisor to Patents, according to the USPTO.
USPTO May Not Collect Attorneys’ Fees in Section 145 Actions
July 30, 2018The U.S. Patent and Trademark Office is not entitled to an award of attorneys' fees under the statutory language in 35 U.S.C. 145 stating that "[a]ll the expenses of the proceedings shall be paid by the applicant," the en banc Federal Circuit held July 27, 2018 in a 7-4 decision. Nantkwest, Inc. v. Iancu, Fed. Cir., No. 16-1794, 7/27/2018.
Lost Foreign Profits May Be Recovered For Section 271(f)(2) Infringement
June 22, 2018Section 284 of the Patent Act permits an award of foreign lost profits as well as damages for infringement under Section 271(f)(2) by supplying components of a patented invention overseas for assembly there, the Supreme Court held June 22, 2018. WesternGeco LLC v. Ion Geophysical Corp., U.S., No. 16-1011, 6/22/2018. The ruling is consistent with an AIPLA amicus brief filed in this case.
Supreme Court Issues 2 IPR-Related Decisions
April 24, 2018On April 24, 2018, the US Supreme Court released two decisions related to Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).
Supreme Court Hears Oral Argument On Non-Instituted Claims in PTAB Decisions
November 29, 2017The Supreme Court on November 27, 2017 heard oral argument on whether the Patent Trial and Appeal Board (PTAB) is required by 35 U.S.C. 318(a) to address every patent claim challenged in a petition for inter partes review (IPR). SAS Institute, Inc. v. Lee, U.S., 16-969, oral argument 11/27/2017.