Patent Law Practice Center

OED Takes Action on Unauthorized Practice of Law

I will be speaking at the 7th Annual Patent Law Institute sponsored by the Practising Law Institute live from New York City on February 4-5, 2013, and live from San Francisco, CA on March 18-19, 2013, with the San Francisco location also being webcast. My topic this year is ethics, and those who attend my presentation live or via webcast will earn 1 ethics CLE credit. In addition to discussing the impact of the America Invents Act on ethics, specifically from a malpractice standpoint, I will also discuss the enforcement efforts of the Office of Enrollment and Discipline (OED) during 2012.

One of the cases from 2012 that has caught my attention is The Matter of David P. Gaudio, which was decided on December 12, 2012, and was the last action taken by OED during 2012.

(more…)

Kappos Stepping Down at USPTO

With no notice to the public, and after the Senate was reported to have adjourned for their August recess, on Friday, August 7, 2009, David Kappos was confirmed as Undersecretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.  It was with that inauspicious start that Director Kappos came to power at the USPTO.  At the time of Kappos’ confirmation I wrote:  “I think getting him in place sooner rather than later is exactly the right thing to do.  Nevertheless, I am not a fan of government rushing so fast that they forget basic principles of open government.” See Kappos Confirmed as USPTO Director. I’m still not a fan of what I have at times referred to as “government by ambush,” but over the years since Kappos’s confirmation, it became exceptionally clear that President Obama made exactly the right pick for the USPTO.

Early in the day on Monday, November 26, 2012, Kappos announced internally at the USPTO that he has decided to step down and leave the agency. The end of the Kappos era will take place sometime at the end of January 2013.

“I am honored to have served this administration by leading the USPTO,” said Kappos. “I believe we have made great progress in reducing the patent backlog, increasing operational efficiency, and exerting leadership in IP policy domestically and internationally. Thanks to the entire USPTO staff for their dedication and hard work. I wish them the very best as they continue their efforts to support the U.S. economy by promoting and protecting innovation.”

(more…)

Rambus Loses Synchronous Memory Device Method in Reexam

Rambus Inc. was on the wrong end of a Federal Circuit decision recently when the CAFC, per Chief Judge Rader, upheld the decision of the Board of Patent Appeals and Interferences in a reexamination in which claim 18 of Rambus’s U.S. Patent No. 6,034,918 was found invalid as anticipated. See In re Rambus, Inc. The ‘918 patent relates to a method of controlling a memory device is disclosed wherein the memory device includes a plurality of memory cells.

Judge Rader, writing for a unanimous majority that also included Judge Linn and Judge Dyk, concluded that substantial evidence supported the PTO’s determination that claim 18 reads on the “memory module” in the prior art.

USPTO Expands Law School Patent Clinic Program

The United States Department of Commerce’s United States Patent and Trademark Office announced on Wednesday, July 18, 2012, that it has selected 11 more law schools to join the Patent Law School Clinic Certification Pilot Program starting in the Fall of 2012. The program allows law students to practice patent law before the USPTO under the guidance of a faculty clinic supervisor.

The law pilot program began in 2008 with 6 schools selected to allow students to practice before the agency in both patents and trademarks. In 2010, the program expanded to include 10 additional schools practicing in trademarks.  Sixteen law schools currently participate in the pilot program.

(more…)

USPTO Plans National Roadshow on AIA Implementation

The United States Patent and Trademark Office will once again take to the road in the Fall of 2012 to discuss implementation of the America Invents Act (AIA). The USPTO is planning to host eight (8) roadshows during September 2012 to share information about new final rules implementing provisions of the America Invents Act that become effective on September 16, 2012. The Roadshows are free and open to the public, and pre-registration is not required. Nevertheless, seating will be limited and is available only on a first-come, first-served basis. The USPTO has posted the agenda
for these Roadshows on their website.

The USPTO will webcast the roadshows during the first week (from Minneapolis, Alexandria, and Los Angeles) and post videos of those events on the micro-site. Copies of any written materials will also be made available on the USPTO micro-site devoted to the AIA Roadshows.
While attorneys are certainly invited to attend these Roadshow presentations, no CLE credit is available for attending any Roadshow event.

(more…)