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 […]

SMITH BALUCH LLP, the New Law Firm headed by partners Matthew Smith and Andrew Baluch

On July 26, 2017, in Wegner's Writings, by Hal Wegner

Congratulations! Matthew Smith and Andrew Baluch have now opened their new boutique patent law practice styled as Smith Baluch LLP.   This writer had the distinct privilege of practicing for several years with both Matt and Andy on very important cases during the time we shared together at a major Washington, D.C., law firm. Naples Roundtable; Japan:  After […]

New Paper: “Steric Analogy Pharmaceutical Obviousness at the PTO”

On July 20, 2017, in Wegner's Writings, by Hal Wegner

The captioned paper (attached) is a “discussion draft” circulated for comments before general circulation and inclusion in a larger work.  The paper deals with the place of “steric analogy” as part of the prima facie case of obviousness of new chemical compounds. I would appreciate any comments you may have concerning this work so that I […]

PTO CAFC Inter Partes Reexamination Cases where the Winner Does not Appear on Appeal

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

In an as of yet unpublished order in Knowles Electronics LLC v. Matal, CAFC No. 2016-1954 (June 30, 2017), the Court asks the parties what happens “[w]hen the prevailing party in an inter partes reexamination proceeding before the [PTO Trial and Appeal Board] declines to appear before [the Federal Circuit]to defend the decision below.” Three Questions: “[I]s […]

Bates v. United States: Unnecessary Verbiage in a Non-Precedential Opinion

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

Today in Bates v. United States, __ Fed. App’x __ (CAFC App. No. 2016‑1831)(Fed. Cir. July 13, 2017)(per curiam)(Lourie, Moore, O’Malley, JJ.)(nonprecedential), the Court – in an opinion with neither precedential worth nor consideration – affirmed the lower court’s dismissal for want of jurisdiction (as opposed to either a Rule 36 affirmance without opinion or a more concise nonprecedential […]

Adjustacam v.Newegg: § 285 Attorney Fees Ordered

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

This week in AdjustaCam, LLC v. Newegg, Inc., __ F.3d __, 2017 WL 2854387 (Fed. Cir. July 5, 2017)(Reyna, J.), the Federal Circuit bluntly remanded a patent infringement case to the Texas trial court to grant an award of attorney fees against the patentee in favor of the accused infringer.  A snipped from the opinion is attached which […]

Japan Patent Office, Transitions: Hon. Naoko Munakata; Hon. Kunihiko Shimano

On July 5, 2017, in Wegner's Writings, by Hal Wegner

Hon. Ms. Naoko Munakata, New JPO Commissioner: Congratulations to Ms. Munakata,  the new JPO Commissioner.  Today, she has taken over the reins of the JPO.  Ms. Munakata is a career government official who joined her country’s civil service in 1984 (outside the JPO); she has held high government leadership positions in recent years. Hon. Kunihiko Shimano, New JPO Deputy […]

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