Patent Happenings, September 2009


The September 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 August, 2009. Developments include:

1. E.D. Texas court rules that litigation defenses developed after infringement first began are irrelevant to Seagate’s objective prong unless they would have been apparent and considered by a reasonable person in the infringer’s position before the infringing activity began;

2. Federal Circuit to address en banc whether § 112 requires a “written description” requirement that is separate from enablement;

3. En banc panel of Federal Circuit holds that § 271(f) does not apply to method claims;

4. Excluding evidence of co-pending reexamination proceedings under FRE 403 – recent opinions from the Federal Circuit and two district courts;

5. Federal Circuit holds that willful failure to submit documentary information that could overcome a written-description rejection at the PTO precluded submitting that information as new evidence in a § 145 action;

6. District court holds claims to a computer implemented process valid under the transformation prong of Bilski where they required a visual display of the end product while claims that did not require a visual display were held invalid; and

7. PTO issues interim examination guidelines for subject matter eligibility.

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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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