Patently-O Tidbits

  • PatentlyOImage045Antitrust: The U.S. Government has filed a brief in support of petitioner in the Illinois Tool Works case. The Government argues that the court “should not presume that a patent confers the market power necessary to establish that is unlawful per se.” File Attachment: Gov’t Brief (178 KB).
  • Claim Construction: Last week, attorneys Kenneth Bass and Edward Manzo presented a discussion on the recent claim construction decision in Phillips v. AWH.  A pdf document outlining the decision was prepared by Mr. Manzo and is available here: File Attachment: Phillips En Banc.pdf (209 KB).
  • Patent Reform: An amendment has been proposed to the Patent Act of 2005 that would alter the law on venue for patent infringement.  File Attachment: New Patent Act.doc (27 KB).
  • Trademark: Link – Professor Goldman (Marquette) discusses the recent follow-up opinion in Geico v. Google holding that the use of a trademarked term in sidebar ads may create customer confusion in violation of the Lanham Act.
  • In-House: Todd Mayover has a new blog discussing patent law from the perspective of an in-house counsel.
  • Hatch-Waxman: Philip Brooks points us to the Jeremy Burlow’s interesting paper on The Gaming of Pharmaceutical Patents [pdf].