Intellectual Property Newsletter - December 2012


In This Issue:

..News From the Bench:

- Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents.

- The “Success More Likely Than Not” and “Ordinary Observer” Standards for a Preliminary Injunction in design patent infringement.

- eBay Revisited - A Normal Expectation of Injunction?

- Fed Circuit invalidates Intema patent under §101, but its reasoning highlights an inconsistency with the Supreme Court’s Prometheus decision.

- Apparently Obvious, But Not: When Secondary Considerations Become Primary.

- Hatch-Waxman’s Safe Harbor provision is not limited to Pre-approval Activity.

..PATENT Notes In This Issue:

- U.S. Patent Practice: When can Reissue be used to Cure Misconduct in Obtaining a Patent?

- Clean-Tech Bulletin: News from the Biofuels Front: Hard Lessons in Patent Drafting.

..Quiz - Identify the IP Case in Rap Disguise.

Excerpt from U.S. Patent Practice: When can Reissue be used to Cure Misconduct in Obtaining a Patent?

The American Invents Act (AIA) created a special procedure known as Supplemental Examination by which a patent owner can attempt to cure a multitude of prosecution sins and inoculate a patent against later charges of inequitable conduct. The Supplemental Examination offers the advantages in quick resolution and wide range of issues that can be addressed. It is also an expensive procedure and offers a patent owner limited options on appeal if the Examination leads to final claim rejections.

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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