Patently-O Bits and Bytes No. 78

FTC Hearings on the “evolving IP marketplace” http://www.ftc.gov/opa/2008/11/ipmarketplace.shtm. December 5. How it will play out: In the next year, the FTC will likely publish a new report on the state of patent law in the US. That report will serve as the basis for any patent reform measures in 2010.
Interesting article by Jim Klaiber in IP Today. He writes about a recent nonprecedential CAFC that seemingly expanded the limitations on claim amendments during reexamination. His piece is titled: Reexamination Amendments Made for an Improper Purpose – A New Basis For Invalidity Under 35 U.S.C. § 305.
I am now on twitter: http://twitter.com/patentlyo. tweet tweet.
The Federal District Courts in New Jersey are contemplating new local patent rules. IPO offers its “six principles” for local patent rules:
- (1) early identification and mutual mandatory disclosure of essential infringement and validity-related discovery and consideration of staying non-essential discovery until after a claim construction decision is issued in a case;
- (2) early disclosure and appropriate staging of detailed infringement and invalidity contentions;
- (3) early supplementation of detailed infringement and invalidity contentions supported by identification of specific evidence produced in the early mandatory disclosures;
- (4) scheduling any claim construction procedure early in the case but after detailed contentions have been exchanged;
- (5) identification of claim limitations most important to the outcome of the case; and
- (6) consideration of dispositive motions as early as appropriate to narrow issues or resolve cases without non-essential discovery.
TIME: Best Inventions of 2008
Wish List 2008: For the past few years, I have assembled a top-ten list of holiday gifts for patent attorneys and agents. I have heard from several spouses that actually used the list. So – let Santa’s helper (me) know if there are any particular machines or articles that should make the list.