Patent Happenings, May 2009


The May 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 April, 2009.

Developments include:

1. Foreign manufacturer’s display of accused product at a U.S. trade show supported exercising personal jurisdiction under Rule 4(k)(2) even though product was not offered for sale in the U.S.;

2. Patent misuse from using a patent to cause another patentee to refuse to license its patent;

3. Quanta precludes enforcement of a post-sale use condition, such as a single-use restriction;

4. Claims to artificially reducing a biological activity lacked adequate written description where specification failed to adequately describe how the reduction would be attained;

5. Obviousness-type double patenting for a method of making a product in view of a prior patent claiming the product assessed based on the methods of making known at the time the method application is filed;

6. Canceling independent claim and rewriting dependent claim in independent form creates presumption of surrender even though additional limitations had to be added to overcome prior art;

7. Patentee drug manufacturer did not have a duty to preserve electronic data before receiving its first Paragraph IV certification letter;

8. USPTO announces pilot patent prosecution highway with German patent office and extends pilot program with Australian patent office.

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Robert Matthews, Jr.
Matthews Patent-Law Consulting

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