IPO Daily News™
Friday, November 21, 2014
* * * STAY GRANTED IN PATENT INFRINGEMENT SUIT PENDING COVERED BUSINESS METHOD REVIEW IN USPTO
Versata Software, Inc. v. Callidus Software, Inc. 14-1468 — Yesterday in an opinion by Judge CHEN, the Federal Circuit overturned a district court’s denial of Callidus’s stay motion. Versata’s patents claimed methods and systems for processing sales transaction data, managing distributor relationships, and validating distributor credentials. Callidus filed petitions for Covered Business Method (CBM) reviews. The Patent Trial and Appeal Board instituted the CBM reviews, “finding each challenged claim more likely than not directed to unpatentable subject matter under §101.” Callidus filed a motion to stay the infringement suit.
The Federal Circuit decided the four AIA section 18(b) factors strongly favored a stay pending CBM review. (1) The proper simplification of the issues analysis would consider “what would be resolved by CBM review versus what would remain.” (2) The relevant time to measure the stage of litigation was when the motion was filed. (3) Callidus had no tactical advantage in asserting claims against Versata because Callidus was seeking to stay the entire case. (4) Whether a stay would reduce litigation burden “focuses prospectively on the impact of the stay on the litigation, not on the past actions of the parties.”
(1 to 4 stars rate impact of opinion on patent & trademark law)
USPTO EXPECTS TO OBTAIN FULL ACCESS TO SPEND HIGHER 2014 FEE COLLECTIONS
During yesterday’s Patent Public Advisory Committee meeting, Chief Financial Officer TONY SCARDINO reported that USPTO fee collections for fiscal year 2014 exceeded the $3.024 billion appropriated by Congress. The excess fees, totaling $148.2 million, were deposited in the AIA-created Patent and Trademark Fee Reserve Fund. The USPTO has submitted a request to transfer the funds to the USPTO’s “Salaries and Expenses” account. He said the agency expected the funds to be transferred soon. He also reported that patent application filings rose at a lower-than-projected 2.8 percent in fiscal 2014.
Photo provided by Knobbe,
Martens, Olson & Bear, LLP
GIRL SCOUTS EARN IP PATCH AT KNOBBE MARTENS
IPO member firm Knobbe Martens recently hosted Brownie Girl Scout Troop 3371 in the firm’s Newport, CA office and helped the girls earn the IP Patch. The troop participated in a scavenger hunt through the firm’s law library and learned about patents, trademarks, and copyrights related to American Girl dolls, Legos, and the McDonalds symbol. Knobbe partner and troop member mom Christy Lea said, “…the new IP Patch is groundbreaking…If we can get girls interested at the Brownie age, we can ensure a successful group of new IP and STEM professionals in the future.”
EU COURT OF JUSTICE ADVOCATE GENERAL ISSUES ADVISORY OPINION IN STANDARD ESSENTIAL PATENT CASE
Yesterday the Court of Justice of the European Union announced an advisory opinion of Advocate General MELCHIOR WATHELET in Huawei Technologies Co. Ltd v. ZTE Corp. According to a court press release, Wathelet said “the proprietor of a standard-essential patent may be required, before seeking an injunction against a company that has infringed that patent, to make that company a specific licensing offer.” The opinion is not binding on the court; judges are deliberating on the case.
ARTICLE ON IPO WEBSITE ON DESIGN PATENTS BY DURKIN AND GAJEWSKI
The IPO Law Journal contains a newly-posted article entitled “PUBLISH AND PERISH: Early publication of design patent applications would give copyists the edge” by TRACY DURKIN and DANIEL GAJEWSKI. The authors argue that U.S. design patent applications should not be published before grant. To view the IPO Law Journal, click here. You can view full submission guidelines at www.ipo.org/submitarticle. Authors must be IPO members.
IP IN THE MASS MEDIA
DC Comics Sues Soccer Team for Infringement of Batman Logo
Yesterday EuroSport.com reported that DC Comics sued Valencia Football Club for infringing DC Comics’ trademark on the “Batman” logo.
IPO COMMITTEES A GREAT EDUCATIONAL RESOURCE
Not only are IPO committees great for networking but they are a great educational resource for novice and experienced professionals alike. Many IPO committees have informational meetings with the USPTO and other government agencies as well as informal committee meetings. These meetings are a great opportunity to pick up some best practices from leaders in the IP community. Click here for a list of IPO committees and information on activities. Click here to join a committee.
U.S. House of Representatives Oversight and Government Reform Committee Chairman DARRELL ISSA (Calif.), whose committee hearing on the USPTO telework program was reported in Wednesday’s IPO Daily News, is a Republican.
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.