MONDAY, JANUARY 11, 2010, 8:45a.m.

IPO’S FEDERAL CIRCUIT SUMMARIES™:

*   *   *   USPTO Did Not Give Patent Term Adjustments Guaranteed by Plain Language of Statute --  Wyeth v. Kappos 2009-1120 -- On January 7 in an opinion by Judge Rader, the Federal Circuit overturned a USPTO interpretation of  statute section 154(b), which requires “adjustment” of patent terms to compensate for delays in the USPTO.  The patents in question were for treating Alzheimer’s disease.  The law guarantees term extensions if the USPTO fails to provide prompt responses (“A” delay), fails to grant the patent within 3 years (“B” delay), or causes delay in certain other circumstances (“C” delay).  The court interpreted the statutory terms “periods of delay” and “overlap.”  It concluded that the plain language of the statute gave Weyth an adjustment equal to the sum of A delay and B delay minus overlap after the 3-year mark, which was longer than an adjustment under the USPTO greater-of-A-or-B formula.
(1 to 4 stars rate impact of opinion on patent & trademark law)

IP BRIEFS -- Compiled from newswires and other sources

Microsoft Appeals $290 Million Patent Infringement Award -- On  Friday Microsoft Corp. petitioned for Federal Circuit en banc review of a $290 million award  against it for infringing a patent belonging to Canadian software firm i4i.  The patent relates to text manipulation software in the 2003 and 2007 versions of Microsoft Word.  (Reuters)

IPO VOLUNTEERS NEEDED FOR 2010 ANNUAL MEETING PROGRAM COMMITTEE -- IPO is seeking members with varied backgrounds to serve on the Annual Meeting Program Committee.  The committee will plan the program content for the 38th Annual Meeting, to be held September 12-14, 2010 at the Hyatt Regency Hotel in Atlanta, GA.  If you would like to volunteer, send a brief e-mail message and bio to Megan Griggs (meetings@ipo.org) no later than January 15.