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BNA INSIGHTS: Federal Circuit Establishes Standards for Patent Prosecution Bars in Protective Orders

The Federal Circuit recently held that the scope of a protective order against a patent infringement plaintiff’s attorneys should be assessed on…

BNA INSIGHTS: Don’t Despair: Even Without a Presumption of Irreparable Harm, IP Plaintiffs Are Still Likely to Win a Preliminary Injunction After Establishing a Likelihood of Success on the Merits

Plaintiffs seeking a preliminary injunction in copyright or trademark infringement cases have long benefited from a presumption of irreparable harm…

Obama Requests PTO Use All FY 2010 Fees; Subcommittee Approves FY 2011 Budget Request

The Patent and Trademark Office received two promising pieces of news from the political sphere recently, as President Obama requested that Congress allow the agency to…

Senator Kerry Floats Utility Emissions Cut of 17 Percent by 2020; Vote to Delay EPA Regulation to Come in Fall

Sens. John Kerry (D-Mass.) and Joseph Lieberman (I/D-Conn.) have drafted a scaled-back bill calling for power plants to reduce their greenhouse gas…

ANALYSIS: Patent Community Applauds Supreme Court’s Restraint in Bilski Decision, But Rues Lack of Guidance

Members of the U.S. patent community consulted by BNA expressed surprise and general pleasure that the U.S. Supreme Court chose not to exclude business method…

Supreme Court Rejects Bilski Abstract Ideas, Does Not Exclude Business Method Patents

The U.S. Supreme Court ruled unanimously on June 28 that the Federal Circuit’s machine-or-transformation test is only “a useful and important clue or…

BNA INSIGHTS: Genetic Sequences: Patentable or Not?

On March 29, Judge Robert Sweet of the U.S. District Court for the Southern District of New York issued his opinion in Association for Molecular Pathology v. U.S. Patent and…

Federal Law That Restored Copyrights in Foreign Works Meets Intermediate Scrutiny Standard

A federal statute that restored copyright protection to foreign works that had lapsed into the public domain or that had never been protected under U.S. copyright law was…

Vice President Biden, Attorney General Holder Join IP Czar Espinel in Release of IP Enforcement Strategic Plan

Intellectual Property Enforcement Coordinator Victoria Espinel—together with Vice President Joseph Biden, Attorney General Eric Holder, Department of Homeland Security…

False Patent Marking Complaint Fails Absent Proof of Owner’s Intent to Deceive

Patent owners’ fears of a “cottage industry” of qui tam false patent marking complaints were somewhat allayed June 10, as the…

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