Month: December 2015

  • By Donald Zuhn — After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories.  For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…

  •         By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Warner Chilcott (US), LLC et al. v. Teva Pharmaceuticals USA, Inc. et al.1:15-cv-00761; filed August 31, 2015 in the District Court of Delaware • Plaintiffs:  Warner Chilcott (US), LLC; Warner Chilcott Co., LLC; Qualicaps…

  • Patent Eligibility Requires Consideration of the Claim as a Whole By Joseph Herndon — The U.S. District Court for the Northern District of Ohio (Eastern Division) issued an opinion on December 21, 2015 in the case captioned 01 Communique Laboratory, Inc. vs. Citrix Systems, Inc., et al. (case no. 1:06-cv-253) regarding patent eligibility under 35…

  • Patent Claims (and Specification) Lacking in Detail Fail under 35 U.S.C. § 101 By Joseph Herndon — The Federal Circuit issued an opinion on December 28, 2015 in the case captioned Vehicle Intelligence and Safety LLC v. Mercedes-Benz USA, LLC regarding patent eligibility under 35 U.S.C. § 101 of method and system claims.  Ultimately, the…

  • By Kevin E. Noonan — Mistakes happen; there is even a book, entitled Human Error, that discusses how and why they happen.  The Federal Circuit addressed the consequences of human error (or perhaps more accurately, instances where there was a less-than-perfect understanding of the chemical structure of a claimed invention) in a surprisingly lenient fashion…

  • By Donald Zuhn — Although the U.S. Patent and Trademark Office has not yet made a formal announcement on the USPTO Systems Status and Availability webpage or the Office's Facebook and Twitter accounts, it appears that the Office has now restored access to the EFS-Web and Private Patent Application Information Retrieval (PAIR) system.  Patent Docs…

  • The authors and contributors of Patent Docs wish their readers and families a Happy Holidays.

  • By Donald Zuhn — The U.S. Patent and Trademark Office announced this morning that it has now restored its fax line and is once again able to receive faxed documents.  The announcement was made on the Office's Facebook and Twitter accounts. Despite the restoration of its fax line, the Office will still consider each day…

  • By Donald Zuhn — On Tuesday, December 22, a major power outage at the U.S. Patent and Trademark Office headquarters in Alexandria, VA significantly damaged the Office's electronic systems and required the shutdown of the Office's online and IT systems.  As a result, the Office's filing, searching, and payment systems, systems used by examiners across…

  • By Bill Reid* — Christmas is the biggest holiday in my family.  We spend a lot of time putting up decorations, but the most time of all is devoted to decorating the Christmas tree.  For me personally, it's a uniquely special time because I find myself reflecting on Christmases past with absent family I very…