Full Agenda and Program Details Daniel Sherwinter Denver, CO – During the first week of October, the Court of Appeals for the Federal Circuit will be in Colorado. This is an exciting and unique opportunity to attend oral arguments and a variety of other events around the Court’s first visit to Colorado to hear cases. [...]

On November 29, 2011, the USPTO published a “Request for Comments on Additional USPTO Satellite Patent Offices for the Nationwide Workforce Program” (“the USPTO Request”). The full text of the USPTO’s Request can be found here. In Response to the USPTO Request, the IP Section worked closely with the offices of Denver Mayor Hancock, Governor [...]

In a bipartisan 89-9 vote, the Senate has passed H.R. 1249 without amendment. It is expected that President Obama will sign the Smith-Leahy America Invents Act into law within the next week.

By Molly Kocialski The U.S. House approved H.R. 1249 strong bipartisan support. The Senate passed a similar measure, S. 23, in a 95-5 vote in March. The House bill approved yesterday has to be reconciled with the Senate version before it can be sent to the White House for President Obama’s signature. However, reconciliation is [...]

By Donna Gonzales-Lin On June 6, 2011, the United States Supreme Court issued its decision in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., affirming the Federal Circuit and holding that the “Bayh-Dole Act does not confer title to federally funded inventions on contractors or authorize contractors to unilaterally [...]

By Donna Gonzales-Lin On May 31, 2011, the U.S. Supreme Court issued its decision in Global-Tech Appliances, Inc. v. SEB S.A., holding that induced infringement under § 271(b) requires knowledge that the induced acts constitute patent infringement. Specifically, and more importantly, the Court held that induced infringement requires at least a showing that the defendant [...]

Today, the CAFC issued its Opinion in the case of Therasense, Inc. v. Becton Dickinson, in which it clarified the standards of proof required to support a finding of inequitable conduct. The Court, in providing a historical accounting of the doctrine acknowledged the following: [T]he inequitable conduct doctrine has plagued not only the courts but [...]

By Matthew Hofmeister On March 7, the U.S. Supreme Court granted certiorari in Golan v. Holder, (Docket No. 10-545), a case arising out of the Tenth Circuit that concerns whether Section 514 of the Uruguay Round Agreements Act (URAA) violates the First Amendment right to free speech. In 1989, the United States joined the Berne [...]

By Eric Cheong In a recently published decision, the Canadian Commissioner of Patents set out some guidelines for patentability of monoclonal antibody claims. In its decision, the Canadian Patent Appeal Board noted that both U.S. and U.K. courts have recognized that no undue experimental burden is required to raise monoclonal antibodies targeted to a defined [...]

By Matthew W. Hofmeister On March 8, 2011, the U.S. Senate passed S.23, the “America Invents Act” (also known as the Patent Reform Act of 2011), by a vote of 95-5. Introduced six weeks ago by Senator Patrick Leahy (D-VT), the bill differs greatly from previous drafts developed by the Senate Judiciary Committee in recent [...]