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USPTO Expands First Action Interview Pilot Program
In the June 7, 2011 Official Gazette, the US Patent and Trademark Office (USPTO) released the details regarding the “Full First Action Interview Pilot Program”. In summary, the USPTO expanded the “Enhanced First Action Interview Pilot Program” to all utility … Continue reading
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Eastern District of Pennsylvania Ruling Qui Tam Provision of Patent False Marking Statute Unconstitutional
In Rogers v. Tristar Products, Inc., Judge Robreno ruled June 2, 2011, that the qui tam provision of the False Marking Statute (35 U.S.C. s 292) violates the Take Care Clause of Article II of the United States Constitution. The … Continue reading
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Supreme Court Clarifies Standard for Inducing Infringement
On May 31, 2011, the Supreme Court issued a decision in Global-Tech Appliances, Inc. v. SEB S. A., holding that induced infringement requires knowledge that the induced acts constitute patent infringement. Justice Alito, writing for the majority, specifically rejected the … Continue reading
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CAFC Tightens Inequitable Conduct Standards
On May 25, 2011, the CAFC issued an opinion in Therasense, Inc. v. Becton, Dickinson and Co., (Fed. Cir. 2011) (en banc) providing bright line rules for finding inequitable conduct in patent cases. Many times inequitable conduct claims arise when … Continue reading
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