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Bilski is decided by the U.S. Supreme Court
If you're an inventor - if your company develops software - if you've dreamed up a new way to do business - then Monday's Supreme Court decision broadening patentability standards ever so slightly may be good news. |
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In Re Bose (Medinol Standard of Fraud in Trademark Cases Reversed)
Owners of U.S. trademark registrations can breathe a sigh of relief. The specter of losing valuable trademark registrations as a result of inaccurate statements to the U.S. Patent and Trademark Office ("PTO") just became more remote. The U.S. Court of Appeals for the Federal Circuit has now clarified that trademark registrations should not be invalidated for fraud when an applicant or registrant erroneously claims use of a mark on certain goods as a result of an honest mistake. In re Bose Corporation, No. 08-1448 (Fed. Cir. 2009) |
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Major New Decision for Determining Design Patent Infringement
In a decision favorable to holders of design patents, the United States Court of Appeals for the Federal Circuit in Egyptian Goddess, Inc. v. Swisa, Inc., has removed a major element previously required to prove design patent infringement. The court ruled that the "ordinary observer" test, first set out in 1871 by the U.S. Supreme Court decision Gorham v. White, is the "sole test for determining whether a design patent has been infringed." |
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An Introduction to the New Trademark Trial and Appeal Board Rules
In 2006, the U.S. Patent and Trademark Office (USPTO) proposed a number of changes to the rules of practice applicable in contested proceedings (such as opposition and cancellation actions) before the Trademark Trial and Appeal Board (TTAB or Board). A number of comments were received, and revisions were made to the proposal. |
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Chief Judge's Local Patent Rules For The District Of Utah
Chief Judge's Local Patent Rules For The District Of Utah |
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