Finnegan

In this issue: Claim Construction Not Based on the Intrinsic Record and Pursuit of Baseless Infringement Action Result in a $5 Million Fee Award; Market Need Properly Linked to the Invention Can Be Probative of Long-Felt…more

In this issue: Proving Prior Invention Does Not Require That the Prior Inventor Appreciated the Subject Matter Using the Same Words of the Claim; Plaintiff’s Choice of Forum and Defendant’s State of Incorporation Not Dispositive…more

In this issue: Ascentive, LLC v. Opinion Corp., 2011 WL 6181452 (E.D.N.Y. Dec. 13, 2011); L.F.P. IP, Inc. v. Hustler Cincinnati, Inc., 2011 WL 5024356 (S.D. Ohio Oct. 20, 2011); Marketquest Group, Inc. v. BIC Corp., 2011 WL…more

In this issue: Spotlight Info; Looking Ahead; Computer-Implemented Algorithm Recited in Prose Discloses Adequate Structure for Means-Plus-Function Element; The Objective Prong of the Willful Infringement Inquiry May Require…more

In this issue: Reexamination Estoppel Takes Effect Only After All Appeal Rights Are Exhausted; Expenditures on Patent Litigation Do Not Automatically Constitute Evidence of a Substantial Investment in the Exploitation of a…more

In this issue: Navigating the New U.S. Patent Filing System; UK High Court Revisits Excluded Subject Matter with Some Promise for Applicants; Using Supplemental Examination Effectively to Strengthen the Value of Your Patents;…more

A classic property rights question looms large in the field of patent law: where do the rights of inventors end and the rights of the public begin? The right of inventors to modify the scope of their claimed inventions, even…more

In this issue: Facebook, Inc. v. Teachbook.com LLC, 2011 WL 4449686 (N.D. Ill. Sept. 26, 2011); GoPets Ltd. v. Hise, 2011 WL 4394353 (9th Cir. Sept. 22, 2011); Hart v. Elec. Arts, Inc., 2011 WL 4005350 (D.N.J. Sept. 9, 2011);…more

The Patent Reform Act of 2011 (AIA) is the greatest overhaul of the U.S. patent system since 1952. One striking change is the introduction of post-grant review. Post-grant review will impact the ability of a third party to…more

Recent decisions by appellate courts in Canada and the United States highlight the sharp conflict in judicial application of the statutory "utility" requirements under the patent laws of those countries. The decisions involved a…more

Sometimes accused patent infringers face a painful dilemma: either pursue a costly litigation against a baseless complaint or pay a nuisance settlement. A recent case in the Federal Circuit may help curtail these baseless…more

In this issue: Use of “A” in Claim Language Does Not Always Mean “One or More Than One” in Open Ended Claims; Federal Circuit Reversed Improperly Narrowing Claim Construction; Advertising as Currency Falls Under the Scope of §…more

When litigating a case, either as a plaintiff or a defendant, a party may have co-parties aligned with them in the litigation, that is, fellow plaintiffs or defendants litigating against a common opponent or opponents. Often,…more

In both the United States and Europe, most practitioners and commentators tend to focus on patent litigation involving single-party infringement. In those cases, the primary question is whether the accused took some action that…more

Chinese companies exporting products into the United States or doing business with U.S. companies fear being sued in U.S. courts for intellectual property infringement. Consider the following scenario: A Chinese company makes…more