"A clearly erroneous standard of review." (appellate review of patent claims)

Article Abstract:

The US Court of Appeals for the Federal Circuit was incorrect to dismiss the arguments of the US Patent and Trademark Office in In re Kemps as not ripe and reject the arbitrary and capricious standard as the appropriate standard fo reviewing Board of Patent Appeals and Interferences decisions. The Court criticized the Office for raising the standard of review issue when it was also arguing that the Board decision should stand under either standard. The "clearly erroneous" standard may be appropriate for review of district court decisions, but the Board's expertise warrants a more deferential standard.

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Investive versus divestive actual reductions to practice

Article Abstract:

Nordberg, Inc. v. Telsmith, Inc. illustrates the need to recognize investive and divestive actual reductions to practice for intellectual property. The case involved whether test center and field testing of an invention comprised reductions to practice. The priority of invention was in dispute. Courts have held that no clear distinction exists between interference of priority and public or on-sale uses. The distinction does exist, and it is analogous to copyright practice with the 1909 copyright law.

Interpretation and construction, Intellectual property

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The BPAI and the TTAB are required to set forth specific findings of fact and conclusions of law adequate to form a basis for appellate review

Article Abstract:

The Federal court for the 3rd district's decision in Gechter v. Davidson may have been intended to warn the Patent and Trademark Office (PTO) to stop raising the issue of intellectual ownership of CD-ROM contents. However, this decision also offers the bar and the PTO to change their rules, creating a single standard that will satisfy both bodies.

Standards, Trademarks, Law and fact, United States. Trademark Trial and Appeal Board

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