Inventions

News & Analysis as of

PTAB Rejects “Unusual” Inventor Testimony That His Own Invention Was Not Reduced To Practice and Finds His Claims Not Unpatentable

In a final written decision, the PTAB found the petitioner failed to prove challenged claims unpatentable and rejected “unusual” inventor testimony about reduction to practice that was opposite the typical situation where...more

Selection Invention Found Unpatentable For Obviousness-Type Double Patenting

On August 21, 2014, the Federal Circuit issued a decision in AbbVie Inc. v. The Mathilda and Terence Kennedy Institute of Rheumatology Trust., holding that the claims to a selection invention were invalid based on...more

Inventions and the Ecosystem of Ideas

There are some striking parallels between inventions and living organisms, and between technology in a consumer marketplace and an ecosystem. Insights gained through the comparisons may be beneficial to inventors, companies,...more

Defendants’ Stratagems and Plaintiffs’ Counters in Trade Secret Litigation

Every invention starts out as a trade secret. Not all stay that way. Some become patents. Some get licensed. Some remain trade secrets and become spectacular commercial successes. Others get misappropriated. ...more

Objective Baselessness and Subjective Bad Faith for Exceptional Case Determination Are Still Applicable Even After Octane Fitness

Bianco v. Globus Medical, Inc. - Interpreting recent Supreme Court of the United States precedent that arguably relaxed the legal test for determining whether a case is “exceptional” to warrant an award of attorneys’...more

Patent Perspectives

A patent is a legal right to keep others from making, using or selling an invention. A patent does not of itself give the owner the right to use the patented invention. For example it is quite possible for someone to patent...more

Protecting Your Start-Up’s Core Assets

In my series of posts with advice for start-ups, I think this is the most important one. It is about protecting the heart of your business, i.e. those assets that form its foundation, drive its prospects and distinguish it...more

Benefits of Utility Model Protection

Some countries have a form of patent protection for inventions which do not qualify for regular patent protection. This type of patent—generally called a utility model, and sometimes known as a petty patent—has a lower...more

Document Library to Protect and Capitalize on Intellectual Property

All companies need to take steps to document their rights in and the value of their intellectual property. When your core business is based on key intellectual property, be it a distinctive brand (trademark), innovative...more

A Rebuttal to The Economist's "Stalking Trolls"

On March 8th, The Economist published an article deriding both so-called "patent trolls" and "software patents" as being impediments to innovation in the United States. Unfortunately, as we have seen all too often when the...more

Dirty Deeds, Done Dirt Cheap

A young entrepreneur named Ludwick Marishane has invented the world's first waterless bath. It's called DryBath and apparently it is a fairly cheap alternative. For many people in the world who have limited access to clean...more

Don’t call your invention “the present invention”?

AstraZeneca AB v. Hanmi USA, Fed. Cir. Case No. 2013-1490 (nonprecedential) - A specification and a claim have distinct functions; a specification “describes” the invention and a claim “defines” the invention. One of...more

Statements Describing “the Present Invention” Limit Claim Scope - AstraZeneca AB v. Hanmi USA Inc.

In a non-precedential decision addressing the weight given to a patentee’s statements concerning “the present invention,” the U.S. Court of Appeals for the Federal Circuit affirmed the district Court’s construction, finding...more

Five Patenting Lessons Exemplified by Google’s Glucose-Sensing Contact Lenses

Google recently announced on its blog that its “Google-X” laboratory is testing a prototype “smart” contact lens that includes a miniaturized electronic sensor designed to measure glucose level in the wearer’stears. I...more

Galderma Laboratories, L.P. v. Tolmar, Inc. (Fed. Cir. 2013)

When does a prior art disclosure of a concentration range of a medicament render obvious the use of a species that falls within that range, when that same use was also known in the prior art? After all, common sense should...more

Federal Circuit Invalidates Patent Over the Inventions Set Forth in the Claims Requirement of 35. U.S.C. § 112 ¶ 2.

The Federal Circuit’s recent decision in Juxtacomm-Texas Software, LLC v. Tibco Software, Inc., Nos. 2013-1004, -1025 (Sept. 30, 2013) (nonprecedential) serves as a reminder of the vulnerability of patent claims that drift...more

Accenture Global Services, GmbH v. Guidewire Software, Inc. (Fed. Cir. 2013)

Recipe for a contentious Federal Circuit decision: empanel two judges who have different understandings of the patent-eligibility of computer-related inventions, sprinkle in a claim or two that could be viewed as a pure...more

Federal Circuit Decision Highlights Seldom-Used Doctrine of Equivalents Analysis

The Federal Circuit’s August 27, 2013 decision in Applied Medical Resources Corp. v. Tyco Healthcare Group LP (Case No. 2012-1412) (nonprecedential) relied on the seldom-used “difference in kind” test in analyzing...more

Encouraging Developments For Computer Implemented Inventions In Australia

On 30 August 2013, the Federal Court of Australia delivered a judgment on the patentability of computer implemented inventions: RPL Central Pty Ltd v Commissioner of Patents. In summary, Justice Middleton found claims...more

Is There Supreme Court Exclusive Jurisdiction Over Patent Inventorship Disputes Between State Universities? Federal Circuit Says...

In University Of Utah V. Max-Planck-Gesellschaft, the Federal Circuit was faced with deciding whether a patent inventorship dispute between two different state universities is a “dispute between two states” that falls under...more

In re Adler (Fed. Cir. 2013)

Ever since the Supreme Court handed down its decision in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), both the U.S. Patent and Trademark Office and the courts have found it easier to render a decision that a claimed...more

Post-Myriad Strategies for Claiming Biotech Inventions in the United States

The United States Supreme Court recently ruled that genes or other naturally-occurring pieces of DNA are patent ineligible subject matter in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al. No....more

USPTO Patent Trial And Appeal Board Completes The First Patent Invalidity Trial Under The America Invents Act

In its first “final” decision under the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO)’s Patent Trial and Appeal Board (PTAB) has invalidated and cancelled all five challenged claims of U.S....more

Patent Series: Protecting inventions [Video]

Janet Cord and Ray Diperna, partners at Ladas & Parry LLP, discuss the pros and cons of patents in protecting inventions....more

The Meaning of Patent Infringement and Patent Litigation

In This Presentation: Top 10 Q’s & A’s About Patent Litigation: - 1. Can I Infringe a Patent If I Am Not Aware of It? - 2. How Do I Tell Whether a Patent is Infringed? - Novelty/Validity vs. Infringement...more

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