Patent Happenings, May 2009

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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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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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