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On April 19, a divided panel of the Federal Circuit reversed a lower court’s judgment of invalidity because the defendant had not cross-appealed invalidity in a prior appeal involving the defendant’s winning judgment of...more
On March 15, 2013, the United States Court of Appeals for the Federal Circuit ordered a rehearing en banc in Lighting Ballast Control, LLC v. Philips Elecs. N. Am. Corp, et al. This order sets the stage for a potential change...more
Idenix Pharmaceuticals (NASDAQ:IDIX) faces an uphill battle to sufficiently demonstrate enablement in its ongoing patent interference against Gilead Sciences (NASDAQ:GILD) regarding their respective hepatitis C (HCV)...more
In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more
On January 29, 2013, the Federal Circuit issued its second mandamus decision in In re EMC Corp., 2013 WL 324154 (Fed. Cir. Jan. 29, 2013). Although the appellate court ultimately denied a petition for a writ directing the...more
On February 14, 2013, in, the U.S. Court of Appeals for the Federal Circuit (Reyna, Bryson, Wallach*) reversed-in-part and affirmed-in-part the district court's judgment following a bench trial that Watson did not infringe...more
In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more
The USPTO has published the new patent fee structure that it is implementing pursuant to its fee-setting authority under the Leahy-Smith America Invents Act (AIA)....more
[Where] the appellant has identified no relationship between the valuation placed on the appeal and the issues the appellant wishes to challenge, the parties have simply placed a "side bet" on the outcome of the appeal, which...more
If it was ever in doubt as to whether an application for an extension of a pharmaceutical patent term could be late filed after the due date, this recent decision would seem to have removed it, clarifying that late filing is...more
On January 9, 2013, the Patent Trial and Appeal Board (PTAB) issued its first decision in a Covered Business Method Patent Review (CBM) proceeding, instituting the trial on all claims requested. The decision issued in...more
[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more
Originally published in Forresters on January 6, 2012. Background: The patent - NovozymesFollowing grant of a patent to Novozymes in November 2009, the patent was asserted in Denmark, Germany, the Netherlands...more
In This Issue: • Owner of “WOULD YOU RATHER...?” Wins $8.3 Million • PC ON A STICK Is Not Merely Descriptive • Sonoma Wine Producer Wins Geographically Limited Injunction • Brand Owners Awarded Favorable Damages...more
In This Issue: • Indexing Not Required for Online Prior Art Publication • Claim Indefinite for Not Disclosing Any Structure • Aluminum Not Inherently Disclosed - Excerpt from Claim Indexing Not Required...more
[A] finding of no competition for the purpose of irreparable harm conflicts with the clear finding of competition for the purpose of awarding damages. On December 19, 2012, in Presidio Components, Inc. v. Am. Tech....more
Given Congress' legitimate concerns with respect to the cost and constitutionality of pending qui tam actions, we conclude that the retroactive application of amended § 292 to pending actions was a rational means of pursuing...more
[When a patent issues] with its terminal disclaimer in effect, that disclaimer [becomes part of the "original patent" for purposes of 35 U.S.C. § 251 and serves] to define its term, regardless of any further term that might...more
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