PATENTS

Activity Outside the United States Can Infringe a United States Patent
NTP, Inc. v. Research in Motion, Ltd. ("Blackberry Case")
Users of the popular BlackBerry wireless messaging service might be following news about that lawsuit against its provider, Research in Motion ("RIM"), and might be aware that the District Court judge presiding over the case will soon decide whether to shut down the system entirely. What might be less widely appreciated, however, is that RIM was found liable for infringing a United States patent even though a critical component of its messaging system is located not in the United States, but in Canada.  For more on "the RIM Blackberry Case" please click here.

Are Isolated Human Genes Patentable? Association for Molecular Pathology et al. v. United States Patent and Trademark Office et al.
By Harry K. Ahn and Theodore J. Pierson
In a highly anticipated decision, federal district court Judge Robert W. Sweet on March 29, 2010 surprisingly held that human genes that have been isolated from its natural form do not qualify as patentable subject matter despite the fact that the U.S. Patent Office has already issued patents covering approximately 2,000 isolated human genes.  Association for Molecular Pathology et al. v. United States Patent and Trademark Office et al., No. 09-Civ-4515 (S.D.N.Y.) ("AMP case").  For more on "Are Isolated Human Genes Patentable?" please click here.

Possession is Everything in the En Banc Review of Ariad v. Eli Lilly
by Jeffrey A. Schwab and Charles S. Stein
On March 22, 2010, the Federal Circuit, sitting en banc, confirmed that the first paragraph of 35 U.S.C. § 112 has two distinct requirements: a written description requirement and a separate enablement requirement. The written description's purpose, according to the Federal Circuit, is to ensure that the claims are not overbroad when compared to the description presented in the specification. The description needs to establish that an "inventor had possession of the claimed subject matter as of the filing date." For more on "Possession is Everything" please click here.

U.S. Supreme Court Clarifies Test of Obviousness Making Patent Challenges Easier and the Obtaining of Patents More Difficult
by Jeffrey A. Schwab
Patent prosecution is likely to be more challenging and accused infringers are likely to be emboldened in view of the April 30, 2007 decision by the Supreme Court of the United States in KSR International Co. v. Teleflex Inc., et al., relating to the manner in which the obviousness bar to patentability is assessed.  For more on "Test of Obviousness in Patents" please click here.

United States - The Bilsky Decision
United States - Both Words And Deeds Matter: The Federal Circuit Solidifies Patent Law Regarding Limiting Claims By Amendments
United States: Cow Power? Generating Electricity from Organic Waste
United States: Patent Fee Increases At The Patent And Trademark Office
United States: Patent Tying And The Antitrust Laws
What's Cooking In The Federal Circuit? Part I: The Invalidity Of A "Meat Browning" Patent Is Upheld… But Anti-Trust? - Where's The Proof
What's Cooking In The Federal Circuit? Part II: The Invalidity Of A "Meat Browning" Patent Is Upheld. But What Does "Golden Brown" Mean?

TRADEMARKS AND UNFAIR COMPETITION

COPYRIGHTS

Canada: Originality and the Fair Dealing Clause

DOMAIN NAMES AND OTHER INTERNET MATTERS

.PRO: Registration Extended to Accredited Professionals in Canada, Germany, and the United Kingdom
Dominica: Registration of .dm Domain Names Possible
European Union: Status of .EU
European Union: Status of .EU Domain Space
Hungary: Registry Opens to European Union Citizens and Entities
India: Opens Domain Name Spaces
Macedonia: Domain Registry Opens
Northern Mariana Islands: Registration of .mp Domain Names Possible
Palau: .PW Opens for Domain Name Registrations
Puerto Rico: Introduces Four New Extensions
Singapore: Registration of Domain Names in the .SG Domain Space Now Possible
Slovenia: Domain Registry Becomes Unrestricted

This Week In Intellectual Property History for the Week of August 22-28, 2010
This Week in Intellectual Property History for the Week of August 16, 2010
This Week In Intellectual Property History for the Week of August 8-14, 2010
This Week In Intellectual Property History for the Week of August 2, 2010
This Week In Intellectual Property History for the Week of July 25-31, 2010
This Week in Intellectual Property History for the Week of July 19, 2010
This Week In Intellectual Property History for the Week of July 11-17, 2010
This Week In Intellectual Property History for the Week of July 5, 2010: Phillips-head
This Week In Intellectual Property History for the Week of June 27-July 3, 2010
This Week in Intellectual Property History for the Week of June 21, 2010: Jack S. Kilby

ARCHIVES

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