USPTO Issues Interim Examination Guidelines for 35 U.S.C. §101 Statutory Subject Matter

Pending U.S. Supreme Court review of the Federal Circuit’s Bilski decision and recognizing that the state of the law in this area is in flux, the USPTO has issued instructions for its examiners to use in determining patentability under 35 U.S.C. §101.   The guidelines state that §101 patentability includes two requirements: (1) subject matter; and (2) utility.

Intellectual Property Attorneys | Patent Indemnity & The International Sale of Goods (“CISG”) Treaty

If you have been sued for patent infringement and the accusations are based upon goods that you purchased from an entity located in a different country, the CISG may be a vehicle to seek indemnity for intellectual property (IP) and patent damages.

Article 1 of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) treaty provides that it “applies to contracts of sale of goods between parties whose places of business are in different States” when the states are contracting states under the CISG.  Article 10 of the CISG provides that “if a party has more than one place of business, the place of business is that which has the closest relationship to the contract and its performance.