Patent Happenings, February 2009

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The February 2009 newsletter presents concise summaries of important developments in U.S. patent law occurring during the month of January, 2009. Developments include:

1. Federal Circuit raises questions as to patent eligibility under § 101 of systems carrying out patent ineligible processes

2. Providing information to patient on how a drug product worked did not claim patentable subject matter

3. Four obviousness rulings from the Federal Circuit

4. Statements made at oral hearing before BPAI held to create a disavowal of claim scope

5. Use of “i.e.” in specification, rather than “e.g.” limited claim scope

6. Alleged false marking of over 15,000 products was only a single offense

7. Patents held unenforceable against accused infringer based on pre-suit destruction of documents

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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.

© Robert Matthews, Jr., Matthews Patent-Law Consulting | Attorney Advertising

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