Patents

News & Analysis as of

Look to Specification to Interpret Facially Unclear Claims

Addressing claim construction issues, the US Court of Appeals for the Federal Circuit reiterated the necessity of reading claims in the context of the written description when they are not clear on their face. Howmedica...more

Pitfalls When Refiling a Priority Application under Article 4 of the Paris Convention

Patent applicants who have filed a priority application (such as a U.S. Provisional application) may wish to abandon and then refile that priority application to extend the time available for filing a utility application. ...more

Narrow Construction May Apply When No Evidence Supports Broader Construction

Addressing claim construction issues, the US Court of Appeals for the Federal Circuit affirmed a claim construction limiting “communications path” to wired communications. Ruckus Wireless, Inc. v. Innovative Wireless...more

Inter Partes Review Institution Decisions Not Appealable, Broadest Reasonable Interpretation Remains Standard

In Depth - The Supreme Court of the United States (Justice Breyer writing for the majority) affirmed a US Court of Appeals for the Federal Circuit decision barring judicial review of most decisions regarding institution...more

Court Invalidates Improper Multiple Dependent Claims

In Trustees of the University of Pennsylvania v. Eli Lilly and Co., the U.S. District Court for the Eastern District of Pennsylvania refused to correct improper multiple dependent claims and instead held them invalid under 35...more

Congress Jumps on Bandwagon to Reduce Biologic Drug Exclusivity Term

Ever since the Biologics Price Competition and Innovation Act (BPCIA) was passed along with the rest of the healthcare law commonly called "Obamacare" in 2010, the Obama Administration has included in every budget a proposal...more

Supreme Court Makes it Easier for Medical Device Companies to Recover Enhanced Damages for Patent Infringement

The Patent Act provides that, in a case of infringement, courts “may increase the damages up to three times the amount found or assessed.” Previously, in order to recover enhanced damages under the Patent Act, a patent owner...more

PTAB Can Rely Upon Prior Art Not Cited in an IPR Institution Decision to Establish the State of Art

The Federal Circuit affirmed the PTAB’s final determination in Genzyme Therapeutic Products Limited Partnership v. Biomarin Pharmaceutical Inc., Nos. 2015-1720, 2015-1721 (Fed. Cir. June 14, 2016), holding that the PTAB did...more

Evolving Patent Eligibility Standard for Computer-Implemented Inventions

Addressing the patent eligibility of computer-implemented inventions, the US Court of Appeals for the Federal Circuit concluded that under step one of the Alice eligibility test, claims directed to improvements in computer...more

Court Report - June 2016 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Janssen Biotech, Inc. v. Celltrion Healthcare Co., Ltd. et al. 1:16-cv-11117; filed June 14, 2016 in the District Court of...more

The New Willfulness Paradigm

The Supreme Court of the United States traced two centuries of analysis related to enhanced damages in patent cases to conclude that the US Court of Appeals for the Federal Circuit’s two-part test, announced nearly a decade...more

Deadline Approaching to Migrate USPTO Deposit Accounts to Financial Manager

Last week, the U.S. Patent and Trademark Office sent an e-mail alert reminding practitioners and applicants that the deadline for migrating their deposit accounts and electronic funds transfer accounts (EFTs) is June 30,...more

Federal Circuit Distinguishes “Motivation to Combine” from “Expectation of Success” for Obviousness Purposes

Addressing issues of obviousness and the proper scope of inter partes review (IPR) reply briefs, the US Court of Appeals for the Federal Circuit upheld a Patent Trial and Appeal Board (PTAB or Board) IPR decision finding the...more

Federal Circuit Provides Guidance on Patent Eligibility Determination

Patent litigation was on a significant upwards trend since 2009, reaching a peak of 6114 cases filed in 2013, but since then, there has been a gradual reduction of patent cases filed. This reduction is largely due to a...more

Supreme Court Update: Supreme Court to Review Whether Single Commodity Component Can Satisfy the “Substantial Portion” Requirement...

On June 27, 2016, the Supreme Court granted a petition for writ of certiorari in the case of Life Technologies Corp. v. Promega Corp (14-1538). The Supreme Court will review the question of whether "supplying a single,...more

Brexit Impact on Intellectual Property Rights to Be Known Only After UK Exit Terms Finalized

Although the United Kingdom (UK) vote to leave the European Union (EU) will ultimately impact intellectual property (IP) rights in both territories, the UK remains a member of the EU until the exit terms are formalized, so...more

CAFC Hands Down Significant § 101 Decision in Bascom Global Internet

In Bascom Global Internet v. AT&T Mobility LLC, Bascom Global sued for infringement of US Patent No. 5,987,606, titled “Method And System For Content Filtering Information Retrieved From An Internet Computer Network,”...more

Carry on as Before: Supreme Court Refuses Sequenom’s Petition

To the surprise of many, including myself, the Supreme Court denied Sequenom’s petition for writ of certiorari (“Petition”). Sequenom asked the Court whether the inventive concept required under the Mayo/Myriad framework can...more

Five IP Lessons for Small to Medium–sized Businesses

Intellectual property plays an increasingly significant role in the successful management of American and international businesses alike.  I’ve set out below a few of the most important questions that you as a small to...more

North Carolina Supreme Court Denies Employee's Claim to Patent Ownership Based on Pay Dispute with Employer

Under the “hired to invent” doctrine, employees who develop intellectual property during the course of their employment generally have no ownership rights to such innovations. Earlier this month, the North Carolina Supreme...more

Federal Circuit Patent Updates - June 2016

Cuozzo Speed Technologies, LLC v. Lee (No. 2015-446, 6/20/16) (Roberts, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan) - June 20, 2016 12:49 PM - Breyer, J. Affirming Federal Circuit decision that the...more

BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC (Fed. Cir. 2016) - Federal Circuit Concurrence -- Decide Patentability...

The Federal Circuit earlier today vacated a District Court's order dismissing BASCOM's complaint and remanded for further proceedings. BASCOM sued AT&T Inc. for patent infringement of U.S. Patent No. 5,987,606, and the U.S....more

“Wow Moments” and Industrial Design Infringement

An inventor had a “wow” moment when he came across a design improvement for cold-weather visors – something suitable for the snowmobile helmet market. The helmet maker brought the improved helmet to market and also pursued...more

Keep Calm and IP On: Planning for UK IP Post-Brexit

This past Thursday the Brexit vote sent shockwaves around world, including the IP community and in particular with respect to IP rights in the UK and Europe. But concerns at the moment are speculative as nothing yet has...more

How the United Kingdom’s Vote to Leave the European Union Affects Your EU Trademarks and Patents

The United Kingdom (UK) voted to leave the European Union (EU). The vote to leave the EU will not affect the UK’s relationship with the European Patent Office (EPO). The EPO is governed by the European Patent Convention...more

6,377 Results
|
View per page
Page: of 256
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×