Latest NewsOn June 28, 2010, the United States Supreme Court issued its long-awaited decision in the case of Bilski v. Kappos holding that Bilski’s method of hedging risk did not constitute patent eligible subject matter because it was an abstract idea. In reaching this conclusion, the Supreme Court held that the “machine or transformation test” on which the Federal Circuit Court of Appeals had decided the case was a useful, but not the exclusive, test of whether a process was patent-eligible and, although four members of the Court disagreed, that at least some business methods are eligible for patent protection. More …. Recently the Court of Appeals of the Federal Circuit affirmed a decision involving a patent mismarking claim under 35 USC 292 which involved the lack of deceptive intent of the patent owner in Pequignot v. Solo Cup Co. ___ F3d ___ (Fed. Cir., 2010). The case involved two primary issues: (1) whether it was actionable mismarking to continue to mark product with patent numbers once the subject patents had expired and (2) whether the general language to the effect that a product “may be covered by one or more … pending or issued patents” was actionable mismarking. While mentioning the decision on the first issue, the focus will be on the second issue for purposes of this article. More …. In its decision in American Needle Inc. v. National Football League on May 24, 2010, the United States Supreme Court unanimously held that an association formed by the member teams of the National Football League (NFL) to market their intellectual property rights collectively should be treated, for anti-trust law purposes, as a “combination” rather than a single entity. More …. Two February 2010 decisions of the Enlarged Board of Appeal of the European Patent Office (EPO) have added some clarity as to what is patent eligible subject matter in the field of medical inventions where there was previously some conflict between prior decisions of the technical boards of appeal. The two cases were decided were G2/08 (Dosage regime/Abbott Respiratory) and G1/07 (Treatment by surgery/Medi-Physics). More …. |
Ladas & Parry LLP is an international law firm with over 90 years of experience protecting its clients' intellectual property in the United States and abroad. With offices in Chicago, Los Angeles, New York, London and Munich, we serve clients across the globe, from numerous Fortune 100 companies to small and medium-sized enterprises across a broad spectrum of industries, to entrepreneurs, entertainers and celebrities.
Our comprehensive knowledge of global intellectual property law, our moderate size that facilitates personalized service and close attorney-client relationships, and our dedication to client service has kept us in the forefront of our profession for nearly 95 years. As part of our extensive involvement in the international intellectual property community, we are also proud to sponsor the Ladas Memorial Award, in memory of the outstanding contributions to international intellectual property law made by our late partner the distinguished practitioner and author, Dr. Stephen P. Ladas. The Award is presented each year by the Brand Names Education Foundation to the paper judged best on the subject of trademark law or a matter that directly relates to or affects trademarks. No attorney-client relationship is created by accessing this website (or any of our related websites to which you may be referred by this website). You are free to contact us by e-mail, telephone, fax, regular mail or in person, if you so desire, but please be aware that we will first conduct a conflict check before giving consideration to accepting you as a new client. Moreover, if we do accept you as a new client, it will only be pursuant to a written retainer agreement executed by both parties. In the absence of a written retainer agreement, any information we provide to you in response to an inquiry or otherwise should not be considered legal advice and you should not rely on it as if it were. We have well over a thousand pages of legal information at this web site. We hope that you find the information useful. However, if you have a legal issue which is important to you, these pages are no substitute for competent legal advice. Please read our disclaimer. |
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