The December 2009 edition of Patent Happenings,® written by the author of the Annotated Patent Digest, presents concise summaries of important developments in U.S. patent law occurring during the month of November, 2009. Developments include:
1. Eastern District of Virginia imposes tougher requirements for a patentee to obtain a preliminary injunction by requiring the patentee to make a “clear showing” of entitlement to relief
2. Eastern District of Texas now applying a more main-stream view on transferring patent infringement actions
3. Tafas saga concludes, but Federal Circuit may have raised roadblocks for future litigants to obtain vacatur as part of settling a patent litigation
4. Federal Circuit rules that unclaimed effectiveness level could not save method claim from a finding of anticipation
5. While excluding evidence of pending reexamination proceeding under F.R.E. 403, district court also excludes evidence of the “presumption of validity”
6. The 2009-2010 edition of Matthews’ “Patent Jury Instruction Handbook” is now available
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