Patently-O Bits & Bytes by Lawrence Higgins

No Software Patent When it Merely Implement's Mental Steps

  • The Federal Circuit affirmed the District Court's grant of summary judgment of invalidity of software patent claims asserted in CyberSource v. Retail Decisions. In its Decision, the Federal Circuit explains that a method that can be performed purely mentally is unpatentable under 35 U.S.C. § 101, even if the claim is tied to computer hardware. [Link] This decision cited Bilski, stating that the "application of [only] human intelligence to the solution of practical problems is no more than a claim to a fundamental principle." [Decision]

Italy and Spain launches legal challenge against 25 EU member countries

  • Italy applied to the European Court of Justice (ECJ) asking it to rescind an EU decision taken in March that allowed the 25 countries to press ahead with proposals to create a single mechanism for gaining patent protection across Europe. Italy claims that the agreement is unlawful and will distort competition with the EU. [Link]

100 Best Legal Blogs

  • The ABA is working on their annual list of the 100 best legal blogs and they would like your advice on which blogs to include. If you would like to tell the ABA about your favorite blog or blogs they are accepting Friend-of-the-blawg briefs, which are due no later than 9/9/2011. [Link]

New Blog!

  • The "Bottom-Line Business Blog" deals with intellectual property business issues as they affect the intellectual property owner. The author of the "Bottom-Line Business Blog" is San Diego IP attorney Robert Cogan. [Link]

Patent Jobs:

  • The USPTO has openings for Administrative Patent Judges in several different specialties. [Link]
  • Sigma-Aldrich is seeking 2 patent attorneys, 1 with a background in material science/chemistry and the other with a background in molecular biology. [Link]
  • Squire, Sanders & Dempsey is seeking an experienced patent agent. [Link]
  • Proteostasis is searching for a patent attorney with 5+ years of experience and a chemical or biological background. [Link]
  • Pachira is looking for a principal technology advisor with at least 10 years of experience and an engineering background. [Link]
  • Edwards Angell Palmer & Dodge is seeking an IP associate with 3-4 years of experience and a mechanical engineering background. [Link]
  • Wenderoth, Lind & Ponack is searching for a patent attorney with at least 1 year of experience and a B.S. in chemistry. [Link]

Upcoming Events:

  • The D.C., Northern Virginia and Baltimore Sections of the Institute of Electrical and Electronics Engineers (IEEE) and National Small Business Association (NSBA) will be hosting the upcoming forum on "The Overhaul of U.S. Patent Law on August 29 in Washington D.C. The Forum will offer small-business owners, entrepreneurs, technical professionals and inventors the opportunity to hear from experienced entrepreneurs, investors and experts in the patent system including Paul Michel, Chief Judge (retired) of the U.S. Court of Appeals for the Federal Circuit, Dr. Pinchus Laufer from the U.S. Patent & Trademark Office and other high-level speakers. [Link]
  • Mizzou will be hosting its annual Missouri Technology Expo on September 8th. The event is held as a way of uniting innovators with those who can advance, develop and commercialize technologies. The guest speakers include, Christopher "Kit" Bond, Gregg Scheller, Suzanne Magee and many others. Several investment groups will be on hand, such as The Incubation Factory, DFJ Mercury, Allied Minds and many others. This will be a great event for patent attorneys and many others to network and build business relationships. [Link]
  • The 2nd European Pharmaceutical Regulatory Law Forum will be held in Brussels, Belgium September 21-22nd. The forum will focus on recent developments affecting the pharma industry in Europe and will discuss the impact of US developments on European companies. (Patently-O readers can register with code PO 10 for a 10% discount) [Link]
  • American Conference Institute's Life Sciences Business Development & Acquisitions in Emerging Markets conference is scheduled for September 26-27 in New York, NY. (Patently-O readers can register with code PO 200 for a discount) [Link]
  • Boston University School of Law and the Kauffman Foundation will be holding a Workshop on Innovation and Patent Harmonization at Boston University School of Management on September 30-October 1. The workshop will cover the effect of harmonization in both advanced countries, such as the US, and in developing nations, with a particular focus on China. Anyone interested in attending, please RSVP to Elizabeth Aggot at eaa@bu.edu. [Link]
  • American Conference Institute's 12th Annual Maximizing Pharmaceutical Patent Life Cycles will take place in New York on October 4th-5th. The conference is one of the leading sources of information and analysis on the patent life cycle management. (Patently-O readers can register with code PO 200 for a discount) [Link]
  • C5 will be holding the 21st annual Forum on Biotech Patenting in London on October 5th-6th. The 2011 London Biotech Patenting Forum will focus on the latest legal developments affecting biotech companies and how to implement successful methods and strategies for drafting and filing patent applications in multiple jurisdictions. (Patently-O readers can save 100 pounds by using discount code PO 100) [Link]
  • American Conference Institute will be holding a FDA Boot Camp Device Edition conference on October 25th-October 26th in Chicago. (Patently-O readers can register with code PO 200 for a discount) [Link]
  • Licensing Executives Society (LES) will be holding their annual meeting on October 16-19 at the Manchester Grand Hyatt in San Diego. Guest speakers include, Martha Riles, VP of IP Management, The Boeing Company and Barbara Dalton VP, Venture Capital, Pfizer. (Register by 8/31 to receive a $100 discount) [Link]
  • IPMI is holding the IP Law & Management Institute on November 6th – 8th at the Rancho Las Palmas in Palm Springs, CA. Hailed as "One of the few programs geared to experienced in-house IP Counsel", the Institute is a CLE-accredited program designed to provide time-starved Heads of IP with the Opportunity to meet and network with their peers, learn from the best practices and validate solutions and services. [Link]

Contact Lawrence.Higgins@patentlyo.com with leads for future Bits and Bytes.

Dennis Crouch

About Dennis Crouch

Law Professor at the University of Missouri School of Law. Co-director of the Center for Intellectual Property and Entrepreneurship.