Patent Happenings, June 2009


The June 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 May, 2009. Developments include:

1. Supreme Court holds that conclusory allegations of intent do not pass muster under Rule 8; ruling likely has applicability to inequitable conduct allegations

2. Federal Circuit grants mandamus and overturns denial of transfer of venue in one E.D. Texas case, while denying mandamus in a second case

3. En banc panel holds that process steps of a product-by-process claim must be met to show infringement

4. “Displaying real-time” data construed not to require a literal instantaneous display

5. Two-way test did not apply for obviousness-type double patenting rejection where rejected claims could have been presented in earlier application

6. “Have-made” rights are inherent in right to “make”

7. State statute-of-frauds defeats alleged oral exclusive license

8. Standing for a false patent marking claim requires government or public be harmed by the acts of false marking, mere technical violation of the statute did not constitute such harm

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Robert Matthews, Jr.
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