The IP Beacon, September 2013


The IP Beacon is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law. Articles featured in the September 2013 issue include:

Federal Circuit Bolsters Validity of Design Patents

The value of design patents increased recently when the U.S. Court of Appeals for the Federal Circuit reversed the trial court’s ruling that the SNOOZIES® slippers design patent was invalid. The lower court had ruled on summary judgment that the design patent was invalid on two separate grounds, and in reversing both rulings, the Federal Circuit has made it harder for infringers to invalidate design patents.

USPTO's Final Rejection Of A Patent Isn't So Final

A final U.S. Patent and Trademark Office action rejecting a patent application may appear to sound the death knell for your company’s patent application. Fortunately, in patent prosecution, as with many mistakes in life, “final” does not really mean “final” - you still have opportunities to “make amends” and overcome the problem in various ways.

GoDaddy Cybersquatting Case May Affect Parked Web Pages

For registrars, domain name typos can mean big business - and big profit. But a California federal judge recently found that GoDaddy’s Parked Pages Program does not qualify for safe harbor protection under the Anticybersquatting Consumer Protection Act (“ACPA”). This could place a popular strategy of monetizing misspelled domains in peril, while giving brand owners another avenue to shut down cybersquatting.

White House Reports on Recommended Incentives for Adopting Cybersecurity Framework

The White House recently issued a report outlining potential incentives that may be available to companies that adopt the voluntary cybersecurity framework currently being developed by the National Institute of Standards and Technology. Although they have not yet been adopted, the incentives recommended by federal agencies provide insight into the benefits the federal government may offer in exchange for adopting the Framework.

Method Claims Invalid for Lack of Enablement: The Federal Circuit’s Recent Decision in Wyeth and Cordis Corp. v. Abbott Laboratories

In Wyeth and Cordis Corp. v. Abbott Laboratories, the Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment in favor of the defendants, holding method of treatment claims invalid as not being enabled for their full scope.

What Elephant? Supreme Court Downplays Inquiry into Patent Strength in Hatch-Waxman Settlements

The Supreme Court recently held in FTC v. Actavis that so-called “reverse payment” settlement agreements are subject to antitrust law’s “rule of reason” analysis. The Court, however, largely downplayed whether such analysis would require inquiry into what Justice Scalia deemed “the elephant in the room” at oral argument: the strength of the patent at issue.

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