Last Month at the Federal Circuit - September 2011


In this issue:

PTO May Consider § 112 Issues During Reexamination When Determining Entitlement to a Priority Claim; A Claim Error Obvious and Correctable from the Perspective of a Person of Ordinary Skill in the Art Held Not Invalid; Assignment of “Inventions and Discoveries” Disclosed in an Application Also Assigned Unrelated Application Covered by the Disclosure; Methods That Could Be Entirely Executed Mentally Found Unpatentable Under 35 U.S.C. § 101; § 102(b) On-Sale Bar Does Not Require an Invention to Be Ready for Patenting When Offered for Sale; Expiration of Patent Does Not Divest a Court of Jurisdiction in a § 291 Interference Proceeding; United States Waived Sovereign Immunity with Respect to DJ Patent Suits; Functional and Pharmaceutical Properties of a Lead Compound Can Be More Relevant Than Chemical Structure When Judging the Obviousness of a Patented Formulation Designed to Mimic an FDA-Approved Formulation; Speculative and Tentative Disclosures in the Prior Art May Not Sufficiently Direct or Instruct a Skilled Artisan; Means-Plus-Function Claim Lacking Corresponding Structure Rejected as Indefinite; No Reissue Recapture Where Reissue Claims Not Deemed Broader and Applicant Is Own Lexicographer; and Majority Holds § 101 Does Not Exclude Claims Directed to a Specific, Tangible Application; Judge Moore Finds Majority’s Analysis Incomplete.

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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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