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Patents

Highmark Octane: Fuel for Attorney Fees

On April 29, 2014, the U.S. Supreme Court issued rulings in two cases that will affect the recovery of attorney’s fees in litigation–certainly in patent...

A Myriad of Natural Product Claims May Be Toast, With Extra Mayo: The USPTO issues new Examiner Guidance documents expanding the scope of patent-ineligibility

On March 4, 2014, the USPTO issued a document entitled “Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural...

New Rules Resulting from the Patent Law Treaty

As a result of the recent Patent Law Treaty Implementation Act (PLTIA), Final Rules (78 FR 62368) have been implemented to modify USPTO practice in...

New After Final Consideration Pilot Program (AFCP 2.0)

The USPTO recently announced an updated version of an earlier pilot program, seeking to find ways to reduce the number of Requests for Continued Examination...

PTO’s Final Rules on First Inventor to File Provisions Effective March 16, 2013

The PTO has issued proposed rules regarding implementation of the first inventor to file provisions of the AIA Patent Reform Act to take effect on...

Deadline of March 15, 2013, for Patent Applications to Avoid First-to-File Aspects of AIA

As a follow-up to our earlier newsletters regarding the changes in the patent laws under the America Invents Act (“AIA”), we remind you of the...

PTO’s Proposed Rules to Implement First Inventor to File Provisions of AIA

As a follow-up to our earlier newsletters regarding the changes in the patent laws under the America Invents Act (“AIA”), we remind you of the...

Final Rules In Effect as of September 16, 2012

Earlier this year we provided comments on the PTO’s proposed rules regarding the following provisions. The PTO has made those rules final for provisions that...

USPTO Starts New Pilot Program for Filing Information Disclosure Statements (IDS) After Payment of Issue Fee

The USPTO is implementing a pilot program (QPIDS program) intended to reduce pendency and applicant costs when an information disclosure statement (IDS) is filed after...

Patent Infringement provisions of Section 271 are not effective to prevent potential “off-label” sale of drug covered by method claims reciting approved use.

Once a drug has been approved by the Food and Drug Administration (FDA) for sale for one purpose, doctors can legally prescribe it for any...
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