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IPO Daily News™

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Friday, March 27, 2015

March 27, 2015

Louis_Foreman_120
IPOEF President
Louis Foreman

INVENTOR AND IPOEF PRESIDENT FOREMAN DISCUSSES PERCEPTIONS OF IP

In the IPO Education Foundation’s latest installment to its new Innovator Insights blog series, IPOEF President LOUIS FOREMAN—IP owner, entrepreneur, businessman and inventor—weighs in on the patent litigation reform debate, among other issues. “There’s bad behavior in our industry, but that bad behavior isn’t the entire industry,” says Mr. Foreman. “There are some bad actors and what we’ve got to focus on is how to curb the bad behavior without changing the entire industry.” Read here for more from Mr. Foreman on what has happened in the last 10 years to call into question the status of IP as a property right and what IPOEF is doing to counter these perceptions.

IPO CONFERENCE IN SAN DIEGO ON ITC LITIGATION

Register for IPO’s “Advanced ITC Litigation Class” on May 15 in San Diego, CA. The one-day conference will cover Section 337 investigations by the U.S. International Trade Commission (“ITC”) and will examine the latest developments in Section 337 litigation. Through a series of in-depth modules, building on an introductory overview to acclimate those unfamiliar with Section 337 investigations, participants in this course will build their understanding of current strategy and tactics, as well as brush up on basic practice points. Organized by IPO’s ITC Committee. Click here to view the program and to register. Space is limited.

Federal Circuit Summaries Logo* * THIRD PARTY CANNOT CHALLENGE USPTO PATENT REVIVAL RULING

Exela Pharma Sciences, LLC v. Lee 2013-1206 — Yesterday in a per curiam opinion, the Federal Circuit upheld a district court’s dismissal of Exela’s Administrative Procedure Act (APA) suit against the USPTO. The patent claimed a method for preparing a liquid acetaminophen formulation. The USPTO granted a petition to revive the patent application based on unintentional delay, and ultimately granted the patent. Exela petitioned the USPTO to reconsider the revival decision and cancel the patent. The USPTO declined because “no statute or regulation authorizes third party challenge to a PTO ruling concerning revival of a patent application.”

The Federal Circuit said “Congress did not intend to permit judicial review” for this kind of challenge. “The Patent Act’s ‘intricate scheme for administrative and judicial review of PTO patentability determinations,’ and ‘the Patent Act’s careful framework for judicial review at the behest of particular persons through particular procedures’ demonstrate that third party challenge of PTO revival rulings under the APA is not legislatively intended.” Judges NEWMAN and DYK filed concurring opinions.
(1 to 4 stars rate impact of opinion on patent & trademark law)

USPTO CONCLUDES PATENT QUALITY SUMMIT

Yesterday the USPTO concluded its two-day Patent Quality Summit. The event, which was part of the USPTO’s “Enhanced Patent Quality Initiative,” highlighted three quality “pillars” over the two days, including excellence in USPTO work products, excellence in measuring patent quality, and excellence in customer service, and six related proposals. Throughout the day, panels of USPTO experts presented and discussed with stakeholders proposals 3-6: improving clarity of the record; review of and improvement to quality metrics; review of compact prosecution; and in-person examiner interview capability. [MORE]

IP IN THE MASS MEDIA

New Australian Copyright Bill Prompts Concerns

Yesterday the Sydney Morning Herald reported that The Copyright (Online Infringement) Bill 2015 would be introduced in the Australian Parliament this week despite critics’ concerns about unintended consequences such as blocking vast numbers of legitimate websites and the cost of implementation for telecommunications companies.

Partial Win for Intellectual Ventures Against Motorola Mobility

On Wednesday a Delaware jury found Motorola Mobility infringed an Intellectual Ventures patent on multimedia text messaging. A second patent asserted by IV related to wireless bandwidth was invalid. (Reuters)

NEED TO CATCH UP ON THE DAILY NEWS?

The IPO website homepage provides a link to the IPO Daily News™ Archives, which contain fifteen years of collected issues, available only to members.


Law & Advocacy

Friday, February 21, 2014

2014 USPTO BUDGET WILL ALLOW HIRING, SATELLITE OFFICES

During the quarterly meeting of the USPTO’s Patent Public Advisory Committee (PPAC), Chief Financial Officer TONY SCARDINO reported that the 2014 appropriations bill signed in January funds the USPTO at $3.024 billion – $90.8 million above the fiscal 2013 enacted level and $238.3 million above the fiscal 2013 sequestration level. The budget will allow the USPTO to hire 1,000 patent examiners and 63 administrative patent judges and provides funding related to opening satellite offices in San Jose, Denver, and Dallas. Projected 2014 spending is estimated at $2.948 billion. The White House will release its fiscal 2015 budget on March 4.


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