Intellectual Property Newsletter - April/May 2013


In This Issue:

News from the Bench:

- Six Ways to Sunday: Recent Federal Circuit Opinion Highlights Uncertainty in the Patent Eligibility of Computer-Implemented Inventions

- The Federal Circuit Affirms that “Infringement” Under 35 U.S.C. §284 Does Not Encompass Sales Outside the U.S.

- Prosecution Disclaimer Trips up Patentee on the Scope of “Device” in a Medical Device Case.

- International Trade Commission Establishes A 100-Day Initial Determination Procedure For Early Resolution Of Dispositive Issues

- When Does Comity Allow Enjoining a Patentee from Enforcing a Patent Injunction obtained in a Foreign Jurisdiction in a RAND Dispute Originating in the U.S.?

- Appealing Damage Awards—Lost Profit Calculations and failure to Appeal Denial of a Daubert Challenge

- Patent Notes:

- Is the PTO Issuing Too Many Patents of Low Quality? Judge Posner Sounds an Alarm

- Chinese Supreme Court Opens Up Patent Disputes to Lower Courts

- Excerpt from Chinese Supreme Court Opens Up Patent Disputes to Lower Courts:

A recent decision by the Chinese Supreme Court will allow local lower courts to hear patent disputes. The decision was viewed as a step in the wrong direction by many patent observers who were hoping that China would move toward a centralized IP court that, in turn, would lead to more uniform and predictable patent standards.

Please see full newsletter below for more information.

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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.

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