Finnegan

Last Month at the Federal Circuit - February 2012

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

| Civil Procedure, Civil Remedies, Commercial Law & Contracts,...

Last Month at the Federal Circuit - January 2012

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

| Administrative Law, Civil Procedure, Intellectual Property

Incontestable - December 2011/January 2012

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

| Civil Procedure, Civil Remedies, Communications & Media Law, Electronic...

Last Month at the Federal Circuit - December 2011

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

| Civil Remedies, Intellectual Property, Science, Computers, & Technology

Last Month at the Federal Circuit - November 2011

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

| Civil Procedure, Civil Remedies, Commercial Law & Contracts,...

Full Disclosure: Patent Prosecution Update - November 2011

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

| Administrative Law, Intellectual Property, International Law & Trade

Incontestable - October 2011

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

| Civil Remedies, Communications & Media Law, Intellectual Property,...

Post-Grant Review v. EPO Oppositions

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

| Civil Procedure, Civil Remedies, Intellectual Property, International...

Last Month at the Federal Circuit - October 2011

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

| Civil Procedure, Civil Remedies, Commercial Law & Contracts,...

The Net of U.S. IP Infringement Actions

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

| Civil Procedure, Intellectual Property, International Law & Trade

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