Hovey Williams, LLP

The Senate’s patent reform bill (S. 515), originally introduced in March, remains pending before the full Senate and has received formal support from the Obama administration. More particularly, the administration generally favors, among other bill provisions:

• Establishment of agency fee-setting authority
• Establishment of agency substantive rulemaking authority
• A “phased-in” post-grant procedure
• A change from the current “first-to-invent” system to a “first-inventor-to-file” system

The United States Supreme Court heard oral argument in Bilski v. Kappos on November 9, 2009.  As you may recall from our previous discussions (here and here), this closely-watched case will decide whether business methods are patentable.  The following is a brief review of the arguments presented and reactions by the Justices.

Think that biotechnology only applies to you if you are a scientist, researcher, or pharmaceutical company?  Think again.  Several current events in biotechnology will have ramifications beyond the biotech and even patent world, including:

• The written description requirement could be “no more”
• Patentable subject matter - Bilski and biotech at the Supreme Court
• Generic drugs and legislation prohibiting reverse payment settlements
• Follow-on biologics legislation and health care reform

The omnipresence of the Internet has turned cyberspace into a veritable hunting ground for trademark infringers who are becoming increasingly sophisticated and harder to detect.  But Kansas City-based Emfluence, a Hovey Williams client since 2008, turns the hunter into the hunted, putting brand owners on the offensive with a trademark and keyword monitoring service that can smoke out even the cleverest and most evasive infringers. 

Through our efforts to provide exceptional client service and keep you current on our recent firm activities, we are providing this section with the latest news and recent developments from Hovey Williams. In this issue you will find information about our people in the news and recent firm additions.