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Case of First Impression: Federal Circuit Endorses Patent-Agent Privilege

In a case of first impression regarding whether communications between a non-lawyer patent agent and a client are legally privileged, a split panel of the US Court of Appeals for the Federal Circuit held that a patent-agent privilege is warranted on a limited basis where an agent is engaged in the congressionally endorsed, authorized practice of law.  814 more words

Federal Circuit Decides Two Shields v. United States

Here is the opinion.

An excerpt:

Appellants Ramona Two Shields and Mary Louise Defender Wilson brought this action against the United States, seeking redress for themselves and other Native Americans in connection with the government’s alleged mismanagement of oil-and-gas leases on Indian allotment land.

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Author: Matthew L.M. Fletcher

Words matter!

In patent prosecution, the specific word choices made in both the specification and the claims are critical to the validity and enforceability of those claims. 408 more words

Patent Prosecution

Federal Circuit Amends Rules of Practice

On March 30, the U.S. Court of Appeals for the Federal Circuit amended its Rules of Practice. The amendments modify the rules relating to confidentiality, timing for filing notices of appeal and responsive papers, and formatting of joint appendices and other papers, among other things. 106 more words

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Daiichi and ParkerVision denied cert

This morning, the Supreme Court denied certiorari in Daiichi Sankyo Company, Ltd. v. Lee (which held that the refusal to undertake optional interim patent term adjustment procedure was not arbitrary and capricious) and ParkerVision v. 6 more words

Supreme Court


Section 2 (a) of the Lanham Act, 1946, 15 U.S.C. Sec. 2 (a), which restricts the registration of trademarks found by the USPTO to be scandalous or disparaging, was determined to be unconstitutional on the basis of the First Amendment by  the Court of Appeals for the Federal Circuit in a case ( 380 more words