Intellectual Property Owners Association

Serving the Global Intellectual Property Community

ReadMore

IPO Daily News™

Friday, 21 September 2018

21 September 2018

* *FOR ENTIRE MARKET VALUE RULE TO APPLY, PATENTEE MUST PROVE THAT OTHER VALUABLE FEATURES DID NOT CAUSE CUSTOMERS TO PURCHASE PRODUCT

Power Integrations, Inc. v. Fairchild Semiconductor, 2016-2691 — Yesterday the Federal Circuit modified and reissued its opinion by Judge DYK following a petition for rehearing by Power Integrations.  The Federal Circuit vacated a district court’s damage award against Fairchild Semiconductor. Power Integrations’ patents were directed to switching regulators and a power supply controller. Fairchild argued that the entire market value was improperly relied upon by the jury.

The Federal Circuit agreed.  The reissued opinion modifies a sentence stating that for the entire market value rule to apply the patent owner must establish that the allegedly infringing product’s valuable other features “are not relevant to consumer choice.”  The revised sentence clarifies that the patent owner’s burden is to show that these features “do not cause consumers to purchase the product.”
(1 to 4 stars rate impact of opinion on patent & trademark law)

IPO ANNUAL MEETING BEGINS SUNDAY IN CHICAGO – FOLLOW THE FUN ON SOCIAL MEDIA!

Our NEW Instagram account will give you an exclusive look at each day’s Annual Meeting events.  Don’t miss out!

USPTO ISSUES REVISED PTAB PROCEDURES

Yesterday the USPTO published revisions to two Patent Trial and Appeal Board Standard Operating Procedures (SOP).  Revised SOP 1 “describes the process by which judges are assigned to panels” in all proceedings under PTAB’s jurisdiction, including post grant proceedings, ex parte appeals, reexamination appeals, reissue appeals, and interferences.  It also discusses the use of expanded panels, which must be approved by the Director, “to secure and maintain uniformity of the Board’s decisions.”

Revised SOP 2 concerns the creation of a Precedential Opinion Panel “to decide issues of exceptional importance,” such as “constitutional questions; important issues regarding statutes, rules, and regulations; important issues regarding binding or precedential case law; or issues of broad applicability to the Board.”  Members of the panel are the Director, the Commissioner for Patents, and the PTAB Chief Judge.” Additional members can be designated at the Director’s discretion.  The Panel’s opinions “will set forth binding agency authority.”  Review by the Precedential Opinion Panel can be requested by any party to a proceeding or by any PTAB judge.

IPO TO PARTICIPATE IN WIPO ELECTRONIC FORUM ON ICT STRATEGIES AND AI FOR IP ADMINISTRATION

MARK GUETLICH (Thomas│Horstemeyer, LLP), a Vice Chair of IPO’s International Patent Law and Trade Committee, will serve as IPO’s representative to an electronic forum on information and communication technology strategies and artificial intelligence (AI) for IP administration established by WIPO’s International Bureau.  IPO has advocated that IP offices share AI tools to promote consistency in examination across offices and to reduce the cost of developing such tools.  WIPO has created a website addressing AI and intellectual property.

WALK-IN REGISTRANTS ACCEPTED AT IPO’S ANNUAL MEETING IN CHICAGO, ILLINOIS

Pre-registration is closed for IPO’s 2018 Annual Meeting in Chicago, Illinois.  Walk-in registrations will be accepted.  The meeting begins on Sunday, 23 September at the Hyatt Regency Hotel.  Bring a completed registration form to the onsite registration desk to expedite the process. 


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.


Member Advertisement



memberchallengessquare2017-03