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BakerHostetler Patent Watch: Novozymes A/S v. DuPont Nutrition Biosciences APS

On July 22, 2013, in Novozymes A/S v. DuPont Nutrition Biosciences APS, the U.S. Court of Appeals for the Federal Circuit (Rader, Schall,* Bryson) affirmed the district court's judgment as a matter of law that U.S. Patent No....more

BakerHostetler Patent Watch In re Adler

When the Board relies upon a new ground of rejection not relied upon by the examiner, the applicant is entitled to reopen prosecution or to request a rehearing [unless the applicants] have had fair opportunity to react to the...more

Patent Watch: Regents of the Univ. of Minn. v. AGA Med. Corp.

In disclaiming claim coverage in light of certain prior art, the applicant does not thereby act as a lexicographer, redefining individual words....more

Patent Watch: Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc.

On April 19, 2013, in Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie,* Dyk, Reyna) reversed-in-part, vacated-in-part and remanded the district court's summary...more

Patent Watch: In Re Morsa

On April 5, 2013, in In re Morsa, the U.S. Court of Appeals for the Federal Circuit (Rader, Lourie, O'Malley*) affirmed-in-part, vacated-in-part and remanded the USPTO Board of Patent Appeals and Interferences decision...more

Patent Watch: Abbott Labs. v. Cordis Corp.

On March 20, 2013, in Abbott Labs. v. Cordis Corp., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk,* Reyna) affirmed the district court's grant of Abbott's motion to quash two subpoenas duces tecum issued...more

Patent Watch: Rexnord Indus., LLC v. Kappos

"[A]nticipation by inherent disclosure is appropriate only when the reference discloses prior art that must necessarily include the unstated limitation, [or the reference] cannot inherently anticipate the claims."...more

Patent Watch: C.W. Zumbiel Co. v. Kappos

[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more

Patent Watch: Pregis Corp. v. Kappos

[A] third party cannot sue the PTO under the APA to challenge a PTO decision to issue a patent. On December 6, 2012, in Pregis Corp. v. Kappos, the U.S. Court of Appeals for the Federal Circuit (Prost, Clevenger,...more

Patent Watch In re Yamazaki

[When a patent issues] with its terminal disclaimer in effect, that disclaimer [becomes part of the "original patent" for purposes of 35 U.S.C. ยง 251 and serves] to define its term, regardless of any further term that might...more

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