Federal Circuit Finds Mere Registration in Copyright Office Insufficient to Show Printed Publication Was Available for Purposes of 35 U.S.C. 102(b)

In In re Richard S. Lister, 92 USPQ2d 1225 (Fed. Cir. 2009), Dr. Richard Lister appealed a decision made by the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences (BPAI) affirming the rejection of claims 21-25 of Lister’s patent application. Dr. Lister is a clinical psychologist who had devised a modification to the standard method of playing golf.  The modification allowed players to place, or tee up, their balls on any shot being attempted, except for when the ball was in a hazard area or on the putting green.  Dr. Lister drafted a manuscript describing his method of playing golf, entitled “Advanced Handicap Alternatives for Golf” and submitted the manuscript to the U.S. Copyright Office on July 4, 1994 and the certificate of registration was issued on July 18, 1994. 

Federal Circuit Clarifies Status of Paper Available on FTP Site For Purposes of 35 U.S.C. §102

Federal Circuit Finds Mere Uploading Of a Paper to an FTP Site Does Not Make the Paper Publicly Available In SRI International, Inc., v. Internet Security Systems, Inc., 511 F3d 1186, 85 USPQ2d 1489 (Fed. Cir. 2008) the Federal Circuit affirmed in part, and vacated and remanded in part the District Court’s decision finding Internet Security Systems (ISS) was liable for infringement of U.S. Patent Nos. 6,484,203 (“the ‘203 patent”), 6,708,212 (“the ‘212 patent”), 6,321,338 (“the ‘338 patent”), and 6,711,615 (“the ‘615 patent”) (collectively the SRI patents). The SRI patents relate to cyber security and intrusion detection. Specifically, the SRI patents describe “[a] computer-automated method of hierarchical event monitoring and analysis within an enterprise network including deploying network monitors in the enterprise network, detecting, by the network monitors, suspicious network activity based on analysis of network traffic data.” All four patents originated from a November 9, 1998 application by inventors Phillip Porras and Alfonso Valdes. The EMERALD 1997 paper In

read more Federal Circuit Clarifies Status of Paper Available on FTP Site For Purposes of 35 U.S.C. §102