Federal Circuit Review - Volume 3 | Issue 4 - April 2013


In This Issue:

• Double Patenting Applies With Distinct Inventive Entities

• Inducement Judgment Remanded in Light of Akamai

• First Sale Doctrine Applies to Sales Made Abroad

- Excerpt from Double Patenting Applies With Distinct Inventive Entities:

In In Re Jeffrey Hubbell, Appeal No. 2011-1547, the Federal Circuit affirmed the Board’s rejection of the claims at issue for obviousness-type double patenting.

The Board rejected Appellant Hubbell’s ’509 patent application, citing the ’685 patent and finding obviousness-type double patenting. Hubbell was the first named inventor on the ’509 application (with two other inventors) and on the ’685 patent (with one other inventor). The patent and application had different owners.

Hubbell argued that obviousness-type double patenting did not apply because the application and the cited patent were not commonly owned and lacked identical inventive entities. The Federal Circuit rejected this argument, relying on the justifications for the doctrine in its prior case law and language in the MPEP...

Please see full newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Knobbe Martens Olson & Bear LLP | Attorney Advertising

Written by:


Knobbe Martens Olson & Bear LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.