by LHerrmann | Dec 10, 2008 | Legal Developments - Patent Law
Another alert from Ury Fischer: “A controversial set of new rules for appeals before the Board of Patent Appeals and Interferences (“BPAI”) which was supposed to take effect on December 10, 2008 has been indefinitely stayed. The BPAI decides appeals of decisions made by patent examiners in connection with patent applications filed with the USPTO. The new rules had been heavily criticized by patent practitioners across the board as they were seen to needlessly increase the expense of filing appeal briefs. The Federal Register Notice announcing the stay can be found here. The delay was necessary because a review of the new rules by the Office of Management and Budget (“OMB”) has not yet been completed. According to the Notice, ‘the [USPTO] will notify the public when the revised effective and applicability dates are set. In the subsequent notification, the Office will provide at least a 30-day time period before the BPAI final rule 2008 becomes effective.’ Many believe, however, that there is a good chance the new rules will not go into effect under the Obama administration.”
by LHerrmann | Dec 10, 2008 | Legal Developments - Patent Law
This from Ury Fischer of Lott & Friedland: “The National Patent Jury Instructions Project, an informal committee of patent litigators and district judges assembled by Chief Judge Michel of the Federal Circuit, has just released for public comment a new set of Patent Model Jury Instructions. The model instructions can be downloaded here: Model Patent Jury Instructions. Although the instructions will not be endorsed by the Federal Circuit, they do represent the consensus of a committee of national scope and are intended to be a helpful model for judges and lawyers. The model instructions draw from draw from previous sets of instructions developed by committees in the Northern District of California, the Federal Circuit Bar Association, the AIPLA and the District of Delaware. The period for public comments runs through February 1, 2009. Comments should be sent to: [email protected].”
by LHerrmann | Dec 9, 2008 | Uncategorized
The Intellectual Property Law pamphlet authored by the Florida Bar IP Committee is now available in PDF format at the Florida Bar website (look under Public Information/Consumer Information) and printed copies are on the way. Read about it here in the Naples Daily News. The printed pamphlets are expected any day now. For more information or to order copies, contact Dana Larichita at 850-561-5767 or Mirieth Valenciano at 850-561-5773 at the Florida Bar.
Thanks to everyone who contributed to the pamphlet over the years!
