U.S. Supreme Court Continues to Fiddle with Patents

December 1st, 2010
Patents/IP

U.S. Supreme Court Continues to Fiddle with Patents

Court Will Review Burden of Proving Patent Invalidity When Prior Art Was Not Before Examiner

by: John R. Harris

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On November 29, 2010, the U.S. Supreme Court agreed to hear the appeal in the case of Microsoft Corp. v. i4i Limited Partnership, U.S. Supreme Court No. 10-290, cert. granted 11/30/2010. This case will consider the question whether the invalidity of a patent must be proved by “clear and convincing” evidence when the prior art presented at a court trial was not considered by the USPTO examiner during prosecution of the patent.

The

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About “Face”: Facebook Gets Approval to Register Trademark FACE

November 30th, 2010
Patents/IP

About “Face”: Facebook gets approval to register trademark FACE

John R. Harris
Partner, Technology/IP Group

News reports last week reveal that Facebook, Inc. has received a Notice of Allowance on its application to register the word FACE for telecommunication services. Specifically, the company applied to register the term in 2005 and encountered some resistance for several years, but was able to overcome that resistance by staying away from cars and motoring and with other actions. The particular services for which the mark will be registered are these: “Telecommunication services, namely, providing online chat rooms and

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