Patent Happenings, June 2008


Developments in U.S. patent law for the month of June 2008. Topics include: 1) Supreme Court extends patent exhaustion to method claims; 2) Judge Clark orders parties to limit number of claim terms and asserted claims; 3) “Plausible” invalidity defenses defeat willful infringement even though court found infringer intentionally infringed; 4) Federal Circuit notes possibility of patentee recovering nonexclusive licensee/subsidiary’s lost profits if those lost profits inexorably flow to the patentee; 5)Prosecution disclaimer in parent patent limited claims in child patent even though limitation expressly limiting claim in parent patent was absent in child patent; 6) “Partially” construed to exclude “totally” ; 7) Entire-market-value rules does not require that patentee make or sell unpatented components sought to be included in the royalty base; 8) Actions of equitable patent owner are not relevant in considering whether a delay in paying maintenance fee was unavoidable; 9) Court gives collateral estoppel effect to PTO’s final rejection of claim in reexamination proceeding even though appeal to Federal Circuit was pending; and 10 PTO unveils new rules for Appeal Briefs.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

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

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.