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Means-Plus-Function Structure – Can be it Incorporated by Reference?

In its recent decision, Fiber, LLC. v. Ciena Corp., No. 2019-1005 (Fed. Cir. Nov. 21, 2019), the Court of Appeals for the Federal Circuit (Federal Circuit) issued a reminder that the structure necessary to satisfy the...more

Relying on Outside Prior Art in an IPR – Not so fast!

The Court of Appeals for the Federal Circuit (CAFC) has recently reminded the Patent Trial and Appeal Board (the Board) that it may not rely on evidence and arguments that fall outside the scope of the instituted grounds...more

Performing a Service without Selling the Process Still Triggers the On-Sale Bar

Services play a large role in today’s economy, and it is important to be mindful of how certain pitfalls that apply to product-based intellectual property rights also apply to method or process-based intellectual property...more

ITC Provides Clarity on the Meaning of a Section 337(a)(2) “Article”

A recent decision by the International Trade Commission (“ITC” or the “Commission”) held that pre-commercial or non-commercial items qualify as “articles” for purposes of section 337 investigations. The decision opens up the...more

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