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WilmerHale

Federal Circuit Confirms “Secret Sales” Can Trigger AIA’s On-Sale Bar

WilmerHale on

On August 12, 2024, the Federal Circuit published its decision in Celanese International Corp. et al. v. International Trade Commission. The Federal Circuit concluded that, under the America Invents Act (AIA), patent claims...more

WilmerHale

Disclosure of Antibody’s Equivalents Not Necessary to Satisfy Written Description and Indefiniteness Requirements for a...

WilmerHale on

The United States Patent and Trademark Office’s (“USPTO”) Appeals Review Panel (“the Panel”) recently clarified that means-plus-function claims do not require that the specification disclose equivalents. See Ex parte...more

WilmerHale

Taking A Closer Look At Fed. Circ. Claim Construction Split

WilmerHale on

Despite the U.S. Court of Appeals for the Federal Circuit's en banc Phillips v. AWH Corp. decision in 2005 that purported to establish the definitive standard for claim construction, two disparate lines of claim construction...more

Haug Partners LLP

Narrowing the Disclaimer Doctrine: Federal Circuit Cabins the Reach of Disclaimers in the IPR Context

Haug Partners LLP on

OVERVIEW - The United States Court of Appeals for the Federal Circuit recently affirmed three Inter Partes Review (IPR) final written decisions of the U.S. Patent Trial and Appeal Board (“the Board”) where the Board...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Finds Calculating Machine Ineligible

August 23, 1891 - WASHINGTON, DC - In a unanimous panel ruling, the Federal Circuit has found that the calculating machine of U.S. Patent No. 388,116 fails to meet the eligibility requirements of 35 U.S.C. § 101.  Inventor...more

McDonnell Boehnen Hulbert & Berghoff LLP

What is an Abstract Idea, Anyway?

In 2014's Alice Corp. v. CLS Bank Int'l case, Justice Thomas famously wrote, "we need not labor to delimit the precise contours of the 'abstract ideas' category in this case."  Instead, he found the claims of patentee Alice...more

Smart & Biggar

The Best of the Decade – Canadian Patent Law in the 2010s

Smart & Biggar on

The 2010s saw many developments in Canadian patent law.  Establishment of a trade agreement with the European Union, ratification of an international IP treaty, implementation of a national IP strategy, and other domestic...more

Winstead PC

Two Hundred and Twenty Fifth Anniversary of U.S. Patent X000001

Winstead PC on

U.S. Patent X000001 was granted on July 31, 1790 to Samuel Hopkins. The original document went missing for many years, only resurfacing in 1956. The inventor named is Samuel Hopkins, but which Samuel Hopkins was much in...more

McDonnell Boehnen Hulbert & Berghoff LLP

A Modest Proposal (or Two)

Any observer of the interaction between the Federal Circuit and the Supreme Court over the past decade has recognized that the Court has become increasingly critical of the Federal Circuit's patent jurisprudence and of...more

Bradley Arant Boult Cummings LLP

The Patent Office Clarifies the Ban on Patenting Naturally-Derived Drugs and Other Products

Since the very beginning of America’s revolutionary patent system, inventors in the life sciences have been granted patents for discovering and purifying natural products. It was taken as a given that a purified natural...more

McDonnell Boehnen Hulbert & Berghoff LLP

USC Creates Infographic on History of Patent Law

The University of Southern California (USC) Gould School of Law has created an infographic that provides some highlights in the history of patent law, starting at around 500 B.C. and including the first ever recorded document...more

Ladas & Parry LLP

A Brief History of the Patent Law of the United States

Ladas & Parry LLP on

Public perception of the patent system has swung widely over the years from highs, such as those in the late nineteenth century when Mark Twain could write “a country without a patent office and good patent laws was just a...more

K&L Gates LLP

What Is Next for Software Patents?

K&L Gates LLP on

Over the past few weeks, the United States federal courts and the patent office have issued several significant decisions addressing the patent subject matter eligibility of software-related inventions in the United States....more

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