Patently-O Bits & Bytes by Lawrence Higgins

USPTO willing to accommodate relief those affected by the events in Japan

  • David Kappos issued a statement on March 17th stating that the “USPTO considers the events in Japan on March 11th

    to be an extraordinary situation within the meaning of 37 CFR 1.183 and 37 CFR 2.146 for affected applicants, patentees, reexamination parties, and trademark owners.” What this means is that the USPTO can and will grant some waivers and extensions to applications and patents having 1 or more inventors, an assignee, or a correspondence address in areas of Japan affected by earthquake or tsunami. While the USPTO can grant some waivers and extensions, others cannot be granted by statute. For example, the USPTO cannot grant an extension for the 3 month time period to pay the issue fee set forth in 35 USC. Kappos listed 5 other situation that no waiver or extension can be given. [Link]

MasterObjects sues Google and Amazon for patent infringement

  • MasterObjects has filed suit against Google and Amazon for infringing patent # 7,752,326, which was issued in July 2010. Patent 326 “supposedly” claims technology that presents possible complete search terms as users’ type characters into the search bar. Amazon first used this technology in 2008 with the introduction of what they called “search suggestions”. Google started using the technology in 2010 with the introduction of “Google Instant”. [Amazon Complaint]

Chrysler sues over trademark

  • Chrysler is suing several businesses in Detroit for making shirts with the slogan “Imported From Detroit”. The USPTO’s website indicates that Chrysler submitted in application on February 8th for the mark to be used in retail and on-line retail stores featuring a wide range of merchandise, like clothing. However, Chrysler also submitted an application on January 18th to use the mark on clothing. Chrysler claims the businesses started using the mark after the Superbowl aired on February 6th, in which Chrysler 1st used the mark in a commercial. [Link]

Patent Jobs:

  • Rosenbaum & Silvert is looking for a patent attorney or agent with 3 years experience for their Chicago office. [Link]
  • Harness, Dickey, & Pierce is searching for an experienced patent attorney with an electrical engineering background to work in their St. Louis office. [Link]
  • Edell, Shapiro & Finnan is seeking a patent attorney with experience in the mechanical arts. [Link]
  • Perkins Coie is searching for a patent attorney or agent with 2-4 years experience to work at their Denver location. [Link]

Upcoming Events:

  • The Franklin Pierce Center for IP at the University of New Hampshire will hold its 1st Annual Intellectual Property CafĂ© on March 26th. Guest speakers include Gordon Smith, Kirsten Koespel, Peter McGovern, and Dr. Catherine McGovern. [Link]
  • The John Marshall Law School Center for Intellectual Property Law Distinguished Professor Presentation will be held on April 1st. The Presentation entitled, “Patent Litigation and the Internet” will be given by Professor John Allison. [Link]
  • Seton Hall Law will host a seminar, examining the state of intellectual property practice in challenging economic times on April 6th. Guest speakers include David Opderbeck, Colleen Tracy, and Frank Bruno. [Link]