Incorporations by Reference – Vol. 18

by Ryan Alley on January 6, 2013

in IP News and Commentary

Brief mentions of IP stories floating around in the past couple weeks that I haven’t addressed elsewhere.

-Briefing is ongoing in the en banc rehearing of CLS Bank v. Alice Corp. On the one hand, lessons on subject matter eligibility drawn from the original panel decision and related cases may no longer be any good. On the other hand, the en banc decision will hopefully replace previous guidance with more consistent and enduring lessons. [Groklaw]

-The USPTO has appealed the E.D. Va’s decision in Exelixis v. Kappos, which greatly (and questionably?) expanded Patent Term Adjustment.  [PharmaPatents]

-A number of interesting rule packages and requests for input are currently outstanding, including final Micro Entity Fee rules, requests for comments on RCE reform, and discussion of Patent Ownership Requirements. [USPTO]

-AIPLA Mid-Winter Institute in Tampa is approaching at the end of this month. The 2013 Spring Meeting will be in Seattle in May. [AIPLA]

-Federal Trademark Registration remains available only to those of innocent mind and pristine speech. It’s a good thing, because I can think of no better arbiter of human morality than the USPTO. [The Legal Satyricon]

-2012 saw the most US patents issued over any other year. [PatentlyO]

Kip January 7, 2013 at 3:25 pm

“On the other hand, the en banc decision will hopefully replace previous guidance with more consistent and enduring lessons.”

That made me LULZ.

“-A number of interesting rule packages and requests for input are currently outstanding, including final Micro Entity Fee rules, requests for comments on RCE reform, and discussion of Patent Ownership Requirements. [USPTO]”

Don’t forget the recent request for comments on software patents. PatentsPostGrant wonders whether this indicates an intention to enforce 112,6 more stricly. Given how much Kappos likes software patents, I’m guessing exactly the opposite.

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