Patent Happenings, September 2008


Newsletter presents concise summaries of important developments in U.S. patent law occurring during the month of September, 2008. Developments include:

1) Failure to obtain and produce opinion of counsel may be used as circumstantial evidence to support inducing infringement claim;

2) Inference of intent still alive as means to prove inequitable conduct;

3) PTO reexamination may be based on the same invalidity issue unsuccessfully raised in a district court litigation;

4) Accused infringer may not raise improper revival by the PTO as an invalidity defense

5) ?Point of novelty? test abolished;

6) Inventor?s testimony on his subjective intent in claiming the invention irrelevant to claim-construction analysis even if testimony is adverse to patentee;

7) Displaying product at a trade show is not ?use? infringement if product is not ?put into service?;

8) Single Species Does Not Provide Adequate Support for Generic Plasmid Claims;

9) Attempt to use extra-judicial help in forum to stop alleged infringement supported exercising personal jurisdiction over patentee;

10) Corresponding structure limited to specific subcomponent that performs function;

11) Patentee?s exhaustion of patent rights does not provide an affirmative claim of relief;

12) Federal Circuit urged to simplify the law on proving an earlier invention date;

13) Patent prosecution highway updates; and

14) Thomson-Reuters releases Matthews?s ?Patent Jury Instruction Handbook.?

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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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