by Frederic M. Douglas and James E. Hawes
This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues.
Patently-O – a blog written by Dennis Crouch – www.patentlyo.com.
▪ On February 25, 2020, Professor Crouch discussed a Federal Circuit opinion, HZNP Finance Limited, et al. v. Actavis Laboratories UT, Inc., 2017-2149 (Fed. Cir., Feb. 25, 2020) (en banc) (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-2149.Order.2-25-2020.1_1539400.pdf). The Federal Circuit considered the rare “patent trap” of the transitional phrase “consisting essentially of.” (https://patentlyo.com/patent/2020/02/consisting-essentially-applicants.html). On February 26, 2020, Professor Crouch provided another post to “calm down” concerns about this “patent trap.” (https://patentlyo.com/patent/2020/02/consisting-essentially-here.html).
▪ On February 29, 2020, Professor Crouch made plots of data he analyzed regarding the use of claim terms, “said,” “means,” “whereby,” and “wherein” over the last fifteen years. (https://patentlyo.com/patent/2020/02/patent-whereby-wherein.html).
IPWatchdog – a patent law blog – IPwatchdog.com
▪ On January 30, 2020, a post by Eileen McDermott related USPTO user complaints at a public forum on the PAIR system (Patent Application Information Retrieval) as having serious issues. Users present stated that their staff is spending several hours a day to retrieve basic information about patent applications such that “due diligence can now be a four-hour project because Public PAIR is so overloaded.” (https://www.ipwatchdog.com/2020/01/30/users-lament-pair-changes-uspto-forum/id=118409/).
Patent Docs – A patent blog – patentdocs.typepad.com/
▪ In a February 25, 2020 post by Kevin E. Noonan, he discussed a Federal Circuit opinion, Arctic Cat Inc. v. Bombardier Recreations Products Inc., et al., 2019-1080 (Fed. Cir., Feb. 19, 2020) (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1080.Opinion.2-19-2020_1535623.pdf) that distinguished willful infringement and actual notice of a patent as it related to marking of patented goods made or sold by a patentee. (https://www.patentdocs.org/2020/02/arctic-cat-inc-v-bombardier-recreational-products-inc-fed-cir-2020.html).
AIPLA – the profession’s national organization – see AIPLA.org
▪ AIPLA will hold its 2020 Spring Meeting May 6-8, 2019 in San Antonio, Texas More information on this meeting and other events is available at https://www.aipla.org/detail/event/2020/05/06/default-calendar/aipla-spring-meeting.
The Chisum Patent Academy will hold one seminar in 2020, in Boston, Massachusetts on October 1-2, 2020. More information available at https://chisum-patent-academy.com/patent-law-seminars-boston-massachusetts-october-1-2-2020/.
For more information about any of the patent topics mentioned consult Patent Application Practice. Trademark topics are discussed in Trademark Registration Practice. Both are published by West and updated twice a year. For patent prosecution or litigation questions, contact Fred Douglas at 949/293-0442 or by email at firstname.lastname@example.org
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