The October 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 September, 2009. Developments include:
1. Federal Circuit requires district courts to scrutinize carefully evidence offered to support an infringement damages award and vacates lump-sum royalty award
2. Federal Circuit expands the defensive use of claim preclusion arising from a prior judgment of noninfringement
3. Openness of “comprising” did not overcome restrictive scope required by claim’s use of the term “each”
4. Registering an article in the Copyright Office did not make the article publicly available
5. Delaware Judge states that bifurcation of damages and willfulness from infringement should be the norm in patent cases
6. Funding university research did not convey an express or implied license to the resulting patented technology
7. University researcher’s agreement to assign future inventions to university employer trumped by a later agreement researcher had with a commercial entity that provided for an automatic assignment
8. Two Federal Circuit cases limiting claim scope based on “Present Invention” language
9. Notice of patent pool covering an industry standard and a general charge that any product compliant with the standard infringed was not actual notice under § 287
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