The Bolt is a collection of short comments and updates about new developments in law and technology written by members of the Berkeley Technology Law Journal. See our introductory post for more information.
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Topic Archives: patent
BTLJ Spring Patent Reform Roundup
With spring in the air, it is time to take another look at current news in the world of patent troll litigation. By now full-fledged media darlings, patent infringement lawsuits filed by non-practicing entities are everywhere you turn, garnering not just upvotes … Continue reading
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Are Human Genes Patentable? A Preview of Association for Molecular Pathology v. USPTO (“The Myriad Case”)
On April 15, 2013, the Supreme Court will hear the oral arguments for one of the most highly anticipated patent law cases of last year: Association for Molecular Pathology, Inc, et al. v. USPTO, et al. The one and only question before … Continue reading
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Bowman v. Monsanto: Patent Exhaustion and the Self-Replicating Invention
What’s the case about? The Doctrine of Patent Exhaustion holds that the authorized sale of a patented item extinguishes all of the patent holder’s rights to it. Any subsequent use of that item by the purchaser is not infringement. In … Continue reading
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BTLJ Holiday Patent Reform Round Up
We are now in the tail end of the season where millions of America brave wintry weather, TSA pat downs, and slow airplane wifi to spend quality time with loved ones. If gingerbread cookies and holiday shopping get old, you … Continue reading
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Will the New USPTO Administrative Proceedings Solve the Software Patent Problem?
Amidst current discussions on the “problem” posed by software patents, David Kappos, Director of the United States Patent and Trademark Office (USPTO), recently delivered a speech defending the existence of such patents. Kappos argued that innovations in the software industry are no … Continue reading
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The Long Road to a Supranational Patent System in the European Union
On June 29, 2012, Mr. Herman Van Rompuy, the President of the European Council, announced that twenty-five of the twenty-seven Member States of the European Union (EU) finally reached an agreement concerning the creation of a unitary patent system. Anticipated … Continue reading
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The Curious Case of Design Patents
Design patents have not received much press until recently. However, the smartphone industry and fashion houses are increasingly turning to patent law to protect their designs. Recent disputes between Apple and Samsung as well as Lululemon and Calvin Klein illustrate … Continue reading
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The Uncertain Future of Divided Patent Infringement
The law of patent infringement is governed by 35 U.S.C. § 271. In particular, § 271(a) describes what constitutes infringement: Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the … Continue reading
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The European Court of Justice Bars Stem Cell Patents In Landmark Decision
The European Court of Justice in Luxemburg ruled on October 18, 2011 in a landmark decision in the case C-34/10 Oliver Bruestle v Greenpeace e.V. and barred embryonic stem cell patents in Europe. In its ruling, the Court said that … Continue reading
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Therasense, Inc. v. Becton, Dickinson and Co.: A Radical Change in the Legal Standard of Inequitable Conduct
Overview On May 25, 2011, the Federal Circuit issued its en banc opinion in Therasense, Inc. v. Becton, Dickinson and Co., radically changing the legal landscape of the inequitable conduct doctrine. In creating these new standards, the Therasense majority aimed … Continue reading
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