Specification and Prosecution History Narrow the Plain Meaning of “0.001%.”
The claim at issue included a concentration of 0.001% of PVP. The term’s plain meaning is 0.001% within one significant figure (i.e., 0.0005% to...more
Examples in Specification Did Not Provide Written Description Support for Bounded or Closed Ranges -
The Federal Circuit Court of Appeals affirmed the Patent Trial and Appeal Board's determination that a patent...more
The Federal Circuit Court of Appeals reversed a decision of the U.S. Patent Trial and Appeal Board (“Board”), finding a patent on a method of disinfection obvious. The reversal was based in part on a finding that the Board’s...more
Whether you are pursuing patents on your new technology, thinking about bringing patent infringement litigation or defending patent infringement claims in court, knowing the important developments in patent law will help you...more
2/26/2021
/ Appeals ,
Certiorari ,
Corporate Counsel ,
En Banc Review ,
Estoppel ,
Food and Drug Administration (FDA) ,
Inventors ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
SCOTUS ,
Sovereign Immunity
Courts have a general policy prohibiting licensees from challenging patent validity (even though the licensee may have voluntarily agreed to forego challenges as a part of the negotiation). In Lear, Inc. v. Atkins, the...more
Since 1999, the United States Patent and Trademark Office (“Patent Office”) has permitted the claiming of antibodies by disclosing the targeted antigen. In 2002, the Federal Circuit adopted Patent Office guidelines and...more
3/26/2018
/ Amgen ,
Life Sciences ,
MPEP ,
New Guidance ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sanofi ,
USPTO ,
Written Descriptions