Archive for October, 2013

USPTO to Host Next Software Partnership Meeting in Alexandria, Virginia

October 31, 2013

USPTO to Host Next Software Partnership Meeting in Alexandria, Virginia

Effect of Dismissed Litigation on IPRs

October 24, 2013

Peter-SiddowayBy Peter Siddoway –

Last week, an article posted here summarized the PTAB’s decision not to institute a trial in St. Jude Med. v. Volcano Corp., IPR2013-00258.  This decision also highlighted an issue that has arisen in several inter partes review (IPR) decisions: whether a previously-filed litigation will serve as a bar to the institution of an IPR trial.  In St. Jude and other IPRs, the Board’s decision turned on whether the related litigation had been dismissed without prejudice or with prejudice.
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“Complaint” in § 315(b) Includes Counterclaims

October 20, 2013

Peter-SiddowayBy Peter Siddoway –

A petition for inter partes review (IPR) must be filed within one year of the petitioner being served “with a complaint alleging infringement of the patent.”  35 U.S.C. § 315(b).  On Wednesday, the PTAB held that this statutory phrase “is sufficiently broad to include a counterclaim that alleges infringement of the patent.”  IPR2013-00258, Paper 29, p. 7 (October 16, 2013).
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USPTO 2014-2018 Strategic Plan Available for Public Comment

October 17, 2013

USPTO 2014-2018 Strategic Plan Available for Public Comment

U.S. Department of Commerce Announces Change in Public Comment Periods for Rescheduled “Copyright Policy, Creativity, and Innovation in the Digital Economy” Public Meeting

October 11, 2013

U.S. Department of Commerce Announces Change in Public Comment Periods for Rescheduled “Copyright Policy, Creativity, and Innovation in the Digital Economy” Public Meeting

Myers Bigel Offering November 11, 2013 CLE Presentation

October 10, 2013

Myers Bigel is pleased to offer the following CLE presentation at its offices on November 11, 2013, beginning at 12:30 PM. The presentation is titled “Troll Control Act of 2013: A Look at the House Judiciary Chairman’s Second Discussion Draft” and will be presented by Patrick Hansen.  An application for CLE credit will be submitted to the North Carolina State Bar following the class. Please contact Alice Bonnen regarding registration for this class. Note that registration is required by November 4, 2013.

Three Myers Bigel Attorneys Named “Lawyer of the Year” in Biotechnology, Litigation and Trademark Law

RALEIGH, N.C.–Three attorneys with Myers Bigel Sibley & Sajovec, P.A. (Myers Bigel), the largest independent patent law firm in North Carolina, have been recognized in the 2014 edition of The Best Lawyers in America as “Lawyer of the Year” in their respective practice areas.

Ken Sibley (Biotechnology Law), Michael Sajovec (Litigation-Patent Law), and David Beatty (Trademark Law) join five other Myers Bigel attorneys in the 2014 rankings by peers in the legal industry.

“Every member of our talented legal team is dedicated to providing top class intellectual property legal services for our clients, and the continuing recognition through the years in The Best Lawyers in America speaks to their success and leadership in the protection and enforcement of intellectual property,” said Managing Partner David Purks.

Joining Sibley, Sajovec, and Beatty with listings in the 2014 edition of The Best Lawyers in America are Myers Bigel attorneys Randy Ayers (Litigation-Intellectual Property, Litigation-Patent), Mitch Bigel (Litigation-Intellectual Property, Litigation-Patent, Patent Law, Trademark Law), Jim Cannon (Patent Law), Julie Richardson (Litigation-Patent, Patent Law) and Grant Scott (Litigation-Intellectual Property, Patent Law).

In addition to working with domestic and international clients in the development of quality patents that stand up to scrutiny, Myers Bigel attorneys are heavily engaged in improving their work and furthering best practices in intellectual property law by regularly participating in educational outreach, symposia, seminars and industry organizations. For example, attorneys in the firm’s Litigation Department recently launched an informative blog (www.myersbigel.com/news/blog/) sharing important legal developments at the USPTO surrounding Post Grant Trial Proceedings and Inter Partes Review, while Ken Sibley recently presented Dastardly Drafters: The Declining Reputation of Patent Solicitors and Why It Matters at the fall meeting of the Carolina Patent Trademark and Copyright Law Association.

“While the Supreme Court’s recent decisions in biotechnology — and business method — patenting have been the subject of criticism, on reflection they invite greater craftsmanship in the preparation of patents,” Sibley explained, adding, “More craftsmanship in patents is ultimately good for innovative companies and entrepreneurs everywhere, as well as the legal profession.”

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which almost 50,000 leading attorneys cast nearly five million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel Magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Myers Bigel provides expertise in all intellectual property areas, including trademark and copyrights, as well as patents. Operating out of the Research Triangle Park area of North Carolina, Myers Bigel represents corporate and university clients located in the Carolinas, throughout the Southeast, across the United States, and in Europe and Asia.

Panel of PTAB Judges at the AIA Anniversary Forum

Peter-SiddowayBy Peter D. Siddoway

As we posted here a few weeks ago, the USPTO hosted an America Invents Act (AIA) Second Anniversary Forum on Monday, September 16, 2013.  Part of the Forum included four judges from the Patent Trial and Appeal Board (PTAB) discussing Administrative Trials under the AIA, including inter partes review, covered business method review, and post grant review.  The judges on the panel were Chief Judge Smith, Vice Chief Judge Boalick, Lead Judge Gianetti, and Judge Medley.
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U.S. Department of Commerce to Host Meeting and Seek Comments on Recent “Copyright Policy, Creativity, and Innovation in the Digital Economy” Report

October 1, 2013

U.S. Department of Commerce to Host Meeting and Seek Comments on Recent “Copyright Policy, Creativity, and Innovation in the Digital Economy” Report