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.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Intellectual Property Updates
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