Edited by Martin L. Saad, Meaghan Hemmings Kent and Elissa Brockbank Reese
IP LEGAL NEWS AND UPDATES
A Major Change in Patent Term Adjustment Calculus: How
"A Valuable Tool in the Patent Prosecution Process"
(RCEs) May Now Be Even More Valuable
Ryan M. Flandro,
Fabian M. Koenigbauer, and
Michael A. Sartori, Ph.D.
A recent U.S. District Court ruling will likely have far-reaching
implications for determining Patent Term Adjustment (PTA). On
November 1, 2012, the U.S. District Court for the Eastern District
of Virginia issued a decision in the case of Exelixis, Inc. v.
Kappos (Case No. 1:12-cv-00096), ruling that a Request for
Continued Examination (RCE) filed in a patent application more than
three years after the effective filing date of the
application has no impact on PTA as determined under 35 U.S.C.
§ 154(b) ("the PTA statute"). Usually, an RCE
reduces the PTA, but the district court ruled that if initiated
more than three years after the effective filing date, an RCE would
not reduce the PTA at all. This will potentially extend the term of
some recently issued patents and numerous to-be-issued patents.
Some commentators have estimated that this ruling could impact
approximately 10% of recently issued patents. Depending on the
patent, the effects of the decision could amount to additional PTA
of days, weeks, or in some cases, even years
Finding a Home for Orphan Works: Copyright Office Seeks
Public Comment for Report to Congress
Matthew R. Farley
The United States Copyright Office recently issued a broad notice
of inquiry in the Federal Register, seeking comments from the
public "regarding the current state of play for orphan
works." An orphan work is an original work of authorship, such
as a photograph, for which a copyright owner cannot be located. The
issue of orphan works has been a top priority of the Copyright
Office for several years, and the Copyright Office plans to advise
Congress on legislation to address orphan works in the near
future.
@Twitter Revises Copyright and DCMA Takedown Policy
#Transparency
Marcella Ballard and
Victoria R. Danta
Earlier this month, Twitter announced an important change to its
copyright and Digital Millennium Copyright Act ("DMCA")
takedown policy, completely altering its process for responding to
and resolving copyright infringement claims. Twitter states that
the change is designed to promote transparency in the resolution
process and encourage just and expedient resolutions of valid
copyright infringement complaints.
Rosetta Stone and Google Settle Trademark Case Over
Sponsored Ads
Matthew R. Farley
Rosetta Stone and Google have agreed to dismiss a three-year-old trademark infringement lawsuit in the Eastern District of Virginia and "to meaningfully collaborate to combat online ads for counterfeit goods and prevent the misuse and abuse of trademarks on the Internet," the companies announced in a joint statement on October 31, 2012.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
