Patent Happenings, January 2009


The January 2009 newsletter presents concise summaries of important developments in U.S. patent law occurring during the month of December, 2008. Developments include:

1) Federal Circuit grants mandamus reversing a denial of a motion to transfer by E.D. Texas;

2) Unresolved preliminary injunction motion prohibits staying case pending reexamination; stay requires continued existence of a “substantial question of patentability”;

3) Patentee’s selling a product in a forum does not support specific personal jurisdiction for an accused infringer’s declaratory judgment claim;

4) Patents held unenforceable for patentee’s deliberate failure to disclose patents to standard setting organization;

5) Adding a separate and distinct noninfringing feature does not avoid contributory infringement liability;

6) Granting licenses did not defeat permanent injunction;

7) Waiver found where intervening change in law arose before entry of final judgment;

8) Federal Circuit claim construction rulings;

9) Federal Circuit applies Bilski in biotech case;

10) Grouping claims requires a common limitation;

11) Patent-law expert could not testify on infringement or invalidity;

12) District court requires parties to show need for claim construction on a term-by-term basis;

13) Claim that licensee’s product was “covered by” a foreign patent could be heard in a U.S. court;

14) Ownership of an “essential” patent showed market power for antitrust claim; and

15) Western District of Washington and District of Massachusetts adopt local patent rules.

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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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