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Federal Circuit Court Issues Decision Changing Standard for Duty of Disclosure and Requirements for a Finding of Inequitable Conduct; USPTO Proposes Rule Change to Implement Decision

Articulating a new “but for” materiality standard in Therasense, Inc. v. Becton, Dickinson & Co., the Federal Circuit has said that its decision should reduce...

Applications to be Accepted for New Internet Top-Level Domain Names

On June 20, the Internet Corporation for Assigned Names and Numbers (ICANN) approved the launch of new generic top-level domain names (gTLDs). Examples of currently...

Supreme Court Upholds Purpose of Bayh-Dole Act in Stanford v. Roche

The Bayh-Dole Act (1980) was intended to give government contractors incentive to commercialize government-funded inventions by permitting the contractor to retain title, so long as...

Supreme Court Adopts Willful Blindness Standard for Inducement to Infringe Patents in Global-Tech Appliances, Inc. v. SEB, S.A.

In 1952, the U.S. Patent Act, relying on case law, recognized the statutory forms of infringement known as inducement and contributory infringement under Sections 271(b)...

U.S. Government Budget Cuts Cause Cutbacks at USPTO

While the U.S. government avoided a shutdown over federal budget cuts, the budget agreement has had a negative effect on funding that the United States...

Developing Caselaw on Requirement for Claims Having to be Performed by a Single Party

A claim directed to an electronic method of communication between healthcare providers and patients involving personalized web pages for doctors and their patients was at...

New gTLD Applicant Guidebook Discussion Draft Released, Open for Public Comment

On April 15, 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) posted its latest version of the guidebook for applicants for new generic...

U.S. Patent Office Response to Government Closure

Near midnight on Friday, the U.S. Congress reached agreement on a one-week extension of funding for federal agencies, narrowly averting a shutdown. It is expected...

New Fast-Track Patent Program

The Bayh-Dole Act (1980) was intended to give government contractors incentive to commercialize government-funded inventions by permitting the contractor to retain title, so long as...

The Perils of Appeal: Chippendales Denied Trademark Registration

The Chippendales company obtained a trademark registration in 2003 for its “Cuffs & Collar” apparel that had been worn by the male dancers since 1979....
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