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Recent Posts from Filewrapper

• Highlights from oral arguments in Bilski v. Kappos

  On Monday, the Supreme Court heard oral argument in Bilski v. Kappos in an effort to determine the proper test to be applied to determine whether a claim is patentable subject matter under § 101.  The…

• Fourth Circuit: Plagiarism detection service is fair use of students' copyrighted papers

  In a recent decision by the Court of Appeals for the Fourth Circuit, the court decided that the anti-plagiarism service provided by iParadigms at turnitin.com, did not constitute copyright infringement of high school students' papers…

• En banc Federal Circuit to address potential patent misuse issues in license practices

  The Federal Circuit has agreed to hear en banc an interesting issue with regard to the potential for patent misuse in licensing.  The case is Princo Corp. v. ITC.  At issue is the patent pool…

• Attendance at single trade show to display infringing product sufficient for personal jurisdiciton

  In a case of first impression for the Federal Circuit, the court addressed the issue of how to apply Federal Rule 4(k)(2) (the Federal Court's long-arm statute) to a defendant.  The court, in agreement with…

• Dependent claim can't be obvious when indepdendent claim is not; verdict vacated as inconsistent

  In a recent decision, the Federal Circuit affirmed-in-part a district court's decision regarding obviousness, holding the defendant was not entitled to summary judgment that the asserted claims were invalid for obviousness.  The court vacated the…

• Claim and continuation rules dead: thousands of practitioners breathe easier

  In a Federal Register notice today, the USPTO has officially withdrawn the claim and continuation rule changes from the Code of Federal Regulations.  This is consistent with a press release from Thursday announcing the rules…

• Manuscript filed with copyright office not necessarily publicly available as of filing date

  In a decision Tuesday, the Federal Circuit held the USPTO had not provided sufficient evidence that an inventor's manuscript was publicly accessible, and therefore available as prior art under § 102(b), before the critical date…

• Today's eCommerce lesson: There's no upside to using others' trademarks in your website meta tags

  Those who have a passing familiarity with website design are probably familiar with the concept of meta tags.  Meta tags are pieces of data included in the HTML code of a webpage that provide information…

• Seventh Circuit: Notice requirement to Copyright Office when registration refused not jurisdictional

  In a recent decision, the Seventh Circuit affirmed a district court's grant of summary judgment that a plaintiff could not prevail in her copyright claim.  The court first addressed whether the plaintiff complied with the…

• Programming note

  As many have surely noticed, while we have covered the major issues that have arisen, the pace of posts here at Filewrapper has slowed down of late. This is a reflection of the recent demands…