DELIVERING Results
September 28, 2015
The USPTO has extended the After Final Consideration Pilot 2.0 (AFCP 2.0) through September 30, 2016. AFCP 2.0 authorizes additional time for examiners to search and/or consider a response after final rejection. Under AFCP 2.0, examiners…
Streamlined, Expedited Pilot Program for Small/Micro Entities with a Pending AppealSeptember 21, 2015
A new USPTO pilot program, effective September 18, 2015, will allow small or micro entity appellants to enjoy expedited consideration of an ex parte appeal by the Patent Trial and Appeal Board (PTAB). Consideration under…
USPTO Announces Proposed Rule Changes for AIA TrialsAugust 21, 2015
On August 20, 2015, the USPTO issued a Notice proposing changes to the Rules of Practice Before the Patent Trial and Appeal Board “PTAB”. These proposed rule changes were expected in view of the USPTO’s…
CAFC interprets two provisions of the BPCIAAugust 3, 2015
Amgen Inc. v. Sandoz Inc., Fed. Cir. Case No. 2015-1499, decided July 21, 2015. View PDF On July 21, 2015 in a fractured opinion, the Federal Circuit ruled on two provisions of the Biologics Price Competition...
Wenderoth Named Capital Region’s Premier IP Lawyers by Wall Street JournalJuly 29, 2015
The Wall Street Journal interviewed Wenderoth’s Partner, Douglas Hahm, regarding what makes the firm unique and successful for almost 100 years. Mr. Hahm explains how a small firm can produce big results for clients across…
CAFC Abandons Heightened Bar in Means-Plus-Function AnalysisJune 18, 2015
In the Williamson v. Citrix opinion issued June 16, 2015, the Court of Appeals for the Federal Circuit has withdrawn their earlier opinion in the case and abandoned the heightened burden that had been established…
USPTO Announces Expedited Patent Appeal Pilot ProgramJune 16, 2015
On June 15, 2015, the USPTO announced a temporary “Expedited Patent Appeal Pilot” in which an appellant may have an ex parte appeal to the Patent Trial and Appeal Board (“the Board”) advanced out of…
Exclusive License Agreement Limits Licensee’s Rights to Bring SuitJune 8, 2015
Alps South, LLC v. The Ohio Willow Wood Co. 13-1452-- On Friday in an opinion by Judge CHEN, the Federal Circuit overturned a district court’s denial of a motion to dismiss for lack of standing.…
Dependent Claim Impermissibly Broadened Independent Claim in Reissued PatentMay 18, 2015
On May 12, 2015, the United States Court of Appeals for the Federal Circuit (CAFC) issued a decision in ArcelorMittal v. AK Steel (Fed. Cir. 2015), finding that its previous claim construction of an independent…
USPTO erred in not considering “Pretzel Crisps” mark as a wholeMay 18, 2015
Below is a decision issued by the Federal Circuit regarding the USPTO’s failure to consider the mark PRETZEL CRISPS as a whole. While this decision, of course, does not necessarily mean that the mark is…