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Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP


Latest Posts › Infringement

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Supreme Court Finds for Monsanto in Seed Harvesting Case

In Bowman v. Monsanto Co., the Supreme Court held that the doctrine of patent exhaustion does not give a farmer who has bought patented seeds the right to “reproduce” them through planting and harvesting without the patent...more

5/16/2013 - Bowman v Monsanto Genetically Engineered Seed Infringement Monsanto Patent Exhaustion Patents SCOTUS Seeds

Federal Circuit Holds That Patent Indefiniteness Requires Insoluble Ambiguousness

In Biosig Instruments, Inc. v. Nautilus Inc., the Federal Circuit reversed the district court’s finding that the claims at issue were invalid as indefinite, because the claims were not “insolubly ambiguous.” This case...more

5/3/2013 - Ambiguous Claim Construction Indefiniteness Infringement Medical Devices Patents

Federal Circuit Finds Patent Marking is Circumstantial Evidence of Infringement

In Frolow v. Wilson Sporting Goods Co., the Federal Circuit refused to adopt the doctrine of marking estoppel, but held that evidence that Wilson had marked some accused tennis racket models constituted evidence of...more

4/12/2013 - Evidence Infringement Marking Estoppel Patents Wilson Sporting Goods

Federal Circuit Draws the Equitable Estoppel Line Before a CIP Patent

In Radio Systems Corp. v. Lalor, the Federal Circuit held that equitable estoppel barred Bumper Boy’s infringement charges based on one patent, but did not preclude infringement charges based on a continuation-in-part (CIP)...more

3/15/2013 - CIP Patents Equitable Estoppel Infringement Patents

Supreme Court Holds a Gunn to Exclusive Federal Court Jurisdiction Over Patent Malpractice Claims

In Gunn v. Minton, the Supreme Court held that federal courts do not have exclusive jurisdiction over patent malpractice claims. Under 28 USC § 1338(a), federal courts have exclusive jurisdiction over cases “arising under any...more

2/28/2013 - Attorney Malpractice Grable Factors Gunn v Minton Infringement Patents SCOTUS

Federal Circuit Upholds Fentora Patents, But Affirms Non-Infringement

In Cephalon, Inc. v. Watson Pharmaceuticals, Inc., the Federal Circuit reversed the district court’s finding that two Orange Book-listed patents for Cephalon’s FENTORA® product were invalid, but affirmed the district court’s...more

2/26/2013 - ANDA Cephalon Enablement Inquiries FENTORA Infringement Noninfringement Patents Pharmaceutical Written Descriptions

USPTO Considers Best Practices to Improve Patent Application Quality

In a Federal Register Notice published January, 13, 2013, the USPTO asks the public to consider potential best practices aimed at improving patent application quality ”in order to facilitate examination and bring more...more

2/15/2013 - Infringement Noninfringement Patent Applications Patents Prior Art Software USPTO

USPTO Board Holds That Complaint Dismissed Without Prejudice Does Not Bar Inter Partes Review

In a decision granting (in part) a Request for Inter Partes Review, the USPTO Patent Trial and Appeal Board (PTAB) held that an infringement complaint that was dismissed without prejudice did not bar the Request for Inter...more

2/5/2013 - Infringement Inter Partes Review Proceedings Patent Trial and Appeal Board Patents USPTO

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