Patent Happenings, June 2009

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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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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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