Patent Happenings, December 2009


The December 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 November, 2009. Developments include:

1. Eastern District of Virginia imposes tougher requirements for a patentee to obtain a preliminary injunction by requiring the patentee to make a “clear showing” of entitlement to relief

2. Eastern District of Texas now applying a more main-stream view on transferring patent infringement actions

3. Tafas saga concludes, but Federal Circuit may have raised roadblocks for future litigants to obtain vacatur as part of settling a patent litigation

4. Federal Circuit rules that unclaimed effectiveness level could not save method claim from a finding of anticipation

5. While excluding evidence of pending reexamination proceeding under F.R.E. 403, district court also excludes evidence of the “presumption of validity”

6. The 2009-2010 edition of Matthews’ “Patent Jury Instruction Handbook” is now available

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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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