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IP News Alerts

Cloned Sheep "Dolly" Is Not Patentable, But...
May 14, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D. and N. Scott Pierce
On May 8, 2014, the Court of Appeals for the Federal Circuit (CAFC) held that claims directed to cloned non-human mammals are not patent eligible under 35 U.S.C. § 101 (In re...
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Supreme Court Changes Standards for Attorneys' Fees Awards in Patent Cases
May 1, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
"Exceptional case" statutory threshold for awards of attorneys' fees is to be judged by "totality of the circumstances" District courts invested with wide...
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United States Patent and Trademark Office to Launch Glossary Pilot Program
April 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Timothy J. Meagher
The new program currently is available only by petition for certain software-oriented patent applications. Applicants are required to include a glossary of patent term definitions...
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PTO Issues New Guidance Memorandum for Determining Patent-Eligible Subject Matter
March 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Eric M. Balicky, Ph.D. and Deirdre E. Sanders
On March 4, 2014, the U.S. Patent and Trademark Office (PTO) published a much-anticipated memorandum announcing a "new procedure" for determining whether a claim is drawn...
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No Difference, No Deference: Federal Circuit in Lighting Ballast Maintains De Novo Review for Claim Construction
March 10, 2014 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
Lighting Ballast affirms the de novo standard of review for claim construction on appeal, originally set forth 15 years ago. Continue to watch the case, as Supreme Court review...
More »

Court Rules That Design Patent Scope Can Be Limited By Prosecution History
January 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Mary Lou Wakimura
In a ruling of first impression, the Federal Circuit Court finds that the Doctrine of Prosecution History Estoppel applies to design patents; Doctrine can limit the scope of the...
More »

Supreme Court to Address Claim Definiteness in Nautilus, Inc. v. BioSig Instruments, Inc.
January 16, 2014 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
Important Issues: Are issued claims invalid for failing to meet the statutory requirement of distinct claiming only when the claims are "not amenable to construction"...
More »

Federal Circuit to Review Standing Rules in Inter Partes Reexamination Proceedings
December 11, 2013 - Hamilton Brook Smith Reynolds Alert
By: Christopher K. Albert
The Federal Circuit is examining whether third party public interest groups have standing to appeal adverse United States Patent and Trademark Office (USPTO) decisions to the Federal...
More »

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Cloned Sheep "Dolly" Is Not Patentable, But...
May 14, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D. and N. Scott Pierce
On May 8, 2014, the Court of Appeals for the Federal Circuit (CAFC) held that claims directed to cloned non-human mammals are not patent eligible under 35 U.S.C. § 101 (In re...
More »

Supreme Court Changes Standards for Attorneys' Fees Awards in Patent Cases
May 1, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
"Exceptional case" statutory threshold for awards of attorneys' fees is to be judged by "totality of the circumstances" District courts invested with wide...
More »

United States Patent and Trademark Office to Launch Glossary Pilot Program
April 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Timothy J. Meagher
The new program currently is available only by petition for certain software-oriented patent applications. Applicants are required to include a glossary of patent term definitions...
More »

PTO Issues New Guidance Memorandum for Determining Patent-Eligible Subject Matter
March 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Eric M. Balicky, Ph.D. and Deirdre E. Sanders
On March 4, 2014, the U.S. Patent and Trademark Office (PTO) published a much-anticipated memorandum announcing a "new procedure" for determining whether a claim is drawn...
More »

No Difference, No Deference: Federal Circuit in Lighting Ballast Maintains De Novo Review for Claim Construction
March 10, 2014 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
Lighting Ballast affirms the de novo standard of review for claim construction on appeal, originally set forth 15 years ago. Continue to watch the case, as Supreme Court review...
More »

Court Rules That Design Patent Scope Can Be Limited By Prosecution History
January 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Mary Lou Wakimura
In a ruling of first impression, the Federal Circuit Court finds that the Doctrine of Prosecution History Estoppel applies to design patents; Doctrine can limit the scope of the...
More »

Supreme Court to Address Claim Definiteness in Nautilus, Inc. v. BioSig Instruments, Inc.
January 16, 2014 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
Important Issues: Are issued claims invalid for failing to meet the statutory requirement of distinct claiming only when the claims are "not amenable to construction"...
More »

Federal Circuit to Review Standing Rules in Inter Partes Reexamination Proceedings
December 11, 2013 - Hamilton Brook Smith Reynolds Alert
By: Christopher K. Albert
The Federal Circuit is examining whether third party public interest groups have standing to appeal adverse United States Patent and Trademark Office (USPTO) decisions to the Federal...
More »

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