Hon. Naoka Munakata AIPLA Address Today: “Intellectual Property 4.0”

On October 17, 2017, in Wegner's Writings, by Hal Wegner

Today at the Annual AIPLA meeting in Washington, D.C., before the Japan Practice Committee, the Hon. Naoko Munakata, Commissioner of the Japan Patent Office, delivered an important speech which chronicles the advances being made in the Japan patent system, particularly Intellectual Property 4.0.  Her presentation was well received by the membership in attendance. Regards, Hal

(1) AIPLA Japan Committee Oct. 17-18, 2017; (2) Paris Convention pitfalls (updated paper)

On October 15, 2017, in Wegner's Writings, by Hal Wegner

(1) AIPLA Japan Committee Meeting Oct. 17-18, 2017:  The most important annual meeting held in North America concerning Japanese patent practice occurs in Washington, D.C., October 17-18, as part of the Annual AIPLA meeting.  This writer looks forward to participating in this meeting and joining experts from overseas. (2) Paris Convention pitfalls (Updated Paper):   Thanks to everyone for suggestions for […]

Paris Convention Priority in a First to File World

On October 11, 2017, in Wegner's Writings, by Hal Wegner

New Paper: “PARIS CONVENTION PRIORITY PITFALLS UNDER THE LEAHY SMITH AMERICA INVENTS ACT” The attached, captioned paper is a draft analysis of procedures to obtain foreign priority rights for Asia and Europe under the Paris Convention, particularly where there are multiple United States prior-filed applications. The paper focuses upon American inventor rights in Asia and Europe under the […]

Oil States Energy Services v. Greene’s Energy Group; the Ghost of Randall R. Rader Looms Large

On October 4, 2017, in Wegner's Writings, by Hal Wegner

The Supreme Court this Term will take up in Oil States the question whether Inter Partes Review under the Leahy Smith America Invents Act of 2011 is Constitutional.  An affirmative ruling could end the vibrant IPR and PGR post grant review procedures at the PTO. To permit the reader to make up his own mind, the attached paper presents […]

New Paper: “Prima Facie Obviousness: Blind Eye on Madison Place?”

On September 13, 2017, in Wegner's Writings, by Hal Wegner

“For too long, [the Federal Circuit] has turned a blind eye to what [the author] consider[s] to be a grave concern: the application of a prima facie test that necessarily achieves a legal determination of obviousness prior to full and fair consideration of evidence of objective indicia of non-obviousness.” Hon. Jimmie Reyna, dissenting in Intercontinental Great […]

Andrei Iancu, PTO Director Designate; Confirmation expected

On August 28, 2017, in Wegner's Writings, by Hal Wegner

Following our report on April 28, 2017 (attached below), Andrei Iancu has been nominated to be Director of the PTO.  It is hoped and expected that the nomination will proceed swiftly to Senate confirmation. Deputy Director:  It is also hoped that the Acting-as-Director current head of the Office will receive a nomination to the position of Deputy Director. […]

Ogden H. Webster (†)(1934-2017)

On August 6, 2017, in Wegner's Writings, by Hal Wegner

Slim Webster in recent years was best known in patent circles for his studies on the abuse of continuing patent applications through his collaboration with Cecil D. Quillen, Jr.  Longtime Leader at Kodak:  Senior members of the patent profession will remember Slim prior to his retirement as the leader of the patent program of the Eastman Kodak […]

Vishal J. Amin, Transitions: Senate Confirmation Yesterday

On August 4, 2017, in Wegner's Writings, by Hal Wegner

IPEC Position:  Yesterday the United States Senate confirmed Vishal Amin to the position of Intellectual Property Enforcement Coordinator in the Executive Office of the President. Government Experience:  Amin previously held executive positions in the Administration of President George W. Bush and most recently was senior counsel on the House Judiciary Committee under Chairman Bob Goodlatte […]

Georgetown Rail Equipment v. Holland: Opening Access to Confidential Opinion

On August 2, 2017, in Wegner's Writings, by Hal Wegner

Today in Georgetown Rail Equipment Co. v. Holland L.P., __ Fed. App’x __ (Fed. Cir. Aug. 2, 2107)(Reyna, Schall, Wallach, JJ.), the panel issued a per curiamOrder to Show Cause why the opinion in this case should not be unsealed and made available to the pubic. A copy of the court’s order is attached (which does not list the counsel involved […]

Abdichtsystem Decision: EU-Wide Nebentäter Patent Infringement Liability under German Law

On July 28, 2017, in Wegner's Writings, by Hal Wegner

In Abdichtsystem, Case X ZR 120/15 (German Supreme Court May 16, 2017), the Supreme Court of Germany has provided what is, in effect, an extraterritorial application of its domestic law against co-perpetrators (“Nebentäter”) outside Germany. Nebentäter Liability Keyed to Acts of Foreign Suppliers:   The result of Abdichtsystem is to “clarif[y] that a foreign supplier may not only be held liable for […]

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