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...

Second Circuit Affirms Standard for “Red Flag” Knowledge of Infringement, But Opens Door for YouTube’s Copyright Liability

In a case that required the court to “clarify the contours of the “safe harbor” provision of the Digital Millennium Copyright Act (DMCA),” the U.S....

A new US Commerce Department Report Shows that Intellectual Property-Intensive Industries Contribute $5 Trillion and 40 Million Jobs to US Economy

On April 15 the U.S. Commerce Department released a report, entitled “Intellectual Property and the U.S. Economy: Industries in Focus,” which finds that intellectual property...

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...
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