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Friday, January 30, 2015

January 30, 2015

cornyn
Sen. John Cornyn

SENATOR CORNYN DISCUSSES PROSPECTS FOR PATENT LITIGATION REFORM

U.S. Senator JOHN CORNYN (R-Texas) spoke about patent litigation reform legislation at an American Enterprise Institute event in Washington, DC yesterday. He said that even though a number of developments in the past several months will affect patent litigation, those developments have been “marginal” and legislation is still needed to address abuses.

He said Senate Majority Leader MITCH MCCONNELL (R-Ky.) is anxious to get a bill to the Senate floor, although Senate Judiciary Chairman CHUCK GRASSLEY (R-Iowa) wants to wait until House Judiciary Committee Chairman BOB GOODLATTE’s (R-Va.) bill, the Innovation Act, passes the House. Goodlatte is expected to introduce his bill, which will be the same as last year’s House-passed bill, next week.

Senators and committee staff have begun discussions about what will be included in a Senate bill. Cornyn said the proposal to expand the covered business method patent review program, created by the America Invents Act, was no longer under consideration.

Federal Circuit Summaries Logo

* USPTO ERRED IN CONSTRUING CLAIM TERM “WIRELESS” IN PATENT APPLICATION

In re Imes 14-1206 — Yesterday in an opinion by Judge MOORE, the Federal Circuit reversed a USPTO decision rejecting Imes’s claims as obvious. The patent application claimed a device for storing and displaying digital images from a camera and communicating them over a network with “first and second wireless communication modules.” At issue was whether the Schuetzle reference’s memory card disclosed “a second wireless communication module.” The USPTO said the memory card was wireless because it had to be removed from a camera and inserted into a computer.

The USPTO “erred in concluding that Schuetzle’s removable memory card … discloses the claimed second wireless communication module.” The USPTO’s construction of “wireless” was “inconsistent with the broadest reasonable interpretation in view of the specification.” Imes’s patent application “expressly and unambiguously” defined the term to require electromagnetic or acoustic waves to carry a signal.
(1 to 4 stars rate impact of opinion on patent & trademark law)

IP IN THE MASS MEDIA

“This Sick Beat” Trademark Application Filed

Yesterday Rolling Stone reported that TAYLOR SWIFT has filed several applications with the USPTO to register trademarks on song lyrics from her most recent album, 1989, such as “This Sick Beat,” for identifying certain products.

Xiaomi Expansion Problem: Small Patent Portfolio

Yesterday Forbes reported that Chinese cell phone manufacturer Xiaomi’s comparatively small patent portfolio relative to its largest competitors may pose a problem as the company seeks to expand into international markets.

PUBLISH YOUR ARTICLE IN THE IPO LAW JOURNAL

IPO is accepting member-written articles for the IPO Law Journal. Articles should be timely, IP-related, and unpublished. Previously published articles also will be considered if published in the last year and accompanied by written permission from the copyright holder. You can view full submission guidelines at www.ipo.org/submitarticle.


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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