| Jan.09.2013 |
FTC Settles with Google on Standard-Essential Patents |
| Oct.11.2012 |
ITC Publishes Proposed Rules to Limit E-Discovery and Address Privilege Issues |
| Dec.23.2008 |
Arguments Based on KSR Waived for Failing to Raise Issue at District Court Prior to Judgment |
| Nov.24.2008 |
One-way Test For Obviousness-Type Double Patenting Does Not Require Full Graham Analysis |
| Nov.11.2008 |
Single Species Does Not Provide Written Description Support For Genus |
| Nov.07.2008 |
"Vulnerability" of A Patent Insufficient To Contest A Preliminary Injunction |
| Nov.07.2008 |
To Show Nonobviousness, Commercial Success Must Be "Direct Result" Of Patented Subject Matter |
| Oct.28.2008 |
Lacking Disclosure Of An Algorithm For Performing The Recited Computer Function, Means-Plus-Function Claim Is Indefinite |
| Oct.22.2008 |
Seventh Amendment Requires New Trial Where Court Reduces Damages Based On Alleged Lack of Supporting Evidence |
| Oct.22.2008 |
Patent Challenger Entitled to Remand on Anticipation Despite Jury Verdict of Nonobviousness |
| Oct.20.2008 |
No Modification to a Challenger's Burden of Persuasion Upon Showing of Allegedly Anticipatory Prior Art |
| Oct.15.2008 |
Objective Indicia Of Nonobviousness Do Not Necessarily Overcome A Strong Showing Of Obviousness |
| Oct.10.2008 |
At Least One Said Index" Is Identical To "Said At Least One Index |
| Oct.10.2008 |
Federal Circuit Clarifies Joint Ownership Rules with a 'Resounding Yes' |
| Oct.08.2008 |
Patent Owner's Self-Contradictory Expert Testimony Leads To JMOL Of No Infringement |
| Oct.07.2008 |
Patentee Bears the Burden of Establishing Non-Enablement of Allegedly Anticipatory Prior Art Reference |
| Oct.07.2008 |
Applicant's Prosecution Statements May Render Prior Art Highly Material For Inequitable Conduct Analysis |
| Sep.24.2008 |
The Patent Exhaustion Doctrine Is A Defense, Not A Cause Of Action Providing Jurisdiction |
| Sep.24.2008 |
District Court's Pre-KSR Obviousness Analysis Flawed for Applying the "Unduly Rigid" Teaching, Suggestion, and Motivation Test |
| Sep.24.2008 |
"Improper Revival" Not A Cognizable Defense In An Action Involving The Validity Or Infringement Of A Patent |
| Sep.23.2008 |
Notice of Infringement Plus Other Conduct Confers Personal Jurisdiction Without Offending "Fair Play and Substantial Justice" |
| Sep.17.2008 |
Notwithstanding Infringer's Timely Efforts To Cease Infringing Activity, Damages Accrue After Actual Notice of Infringement |
| Sep.17.2008 |
To Satisfy the Written Description Requirement for a Genus, Sufficient Species Must Be Shown |
| Sep.15.2008 |
Compared To Structural Claim Language, Functional Language More Susceptible To Inherent Anticipation |
| Sep.12.2008 |
Mere Possibility of Delay by First ANDA Filer Does Not Support Declaratory Judgment Jurisdiction |
| Sep.11.2008 |
Mere Demonstration At A Trade Show Does Not Constitute Infringing Use |
| Sep.09.2008 |
Plain Language of "At Least One" Does Not Require Two, Despite Disclosures in the Specification to the Contrary |
| Sep.09.2008 |
Courts May Not Rule on Invalidity of Unasserted Claims |
| Sep.04.2008 |
"Paralyzing Uncertainty" Does Not Create Declaratory Judgment Jurisdiction |
| Aug.29.2008 |
Experimental Use Exception to the On-Sale Bar of 35 U.S.C. § 102(b) Is Unavailable After An Invention Has Been Reduced To Practice |
| Aug.29.2008 |
Changes To Product, Coupled With Opinions of Counsel, Compel Reconsideration of Willfulness Finding |
| Aug.29.2008 |
Inter Partes Reexamination Not Limited To First Application In Chain Of Applications |
| Aug.27.2008 |
District Courts Warned to Provide Greater Scrutiny Over Inequitable Conduct Defenses |
| Aug.14.2008 |
In Rare Copyright Decision, Federal Circuit Affirms Enforceability of Open Source License Conditions |
| Aug.06.2008 |
Reversed Inequitable Conduct Case Reassigned Where District Judge Evinced Strong Convictions Against Patentee |
| Jul.28.2008 |
Claims Limited During Prosecution Cannot Be Construed to Broaden Their Scope, Despite the Presence of the Transitional Phrase "Comprising" |
| Jul.23.2008 |
Obviousness Based on Structural Similarity Generally Requires "Reasoned Identification" of a Lead Compound |
| Jul.23.2008 |
Consent Judgment Not Reviewable Without Effect and Context of Claim Construction Ruling |
| Jul.18.2008 |
The Six-Year Clock for the Presumption of Laches Keeps Ticking Past the Issuance of a Reexamination Certificate |
| Jul.16.2008 |
Joint Infringement of a Method Claim Requires "Direct Control" of Each Step |
| Jul.15.2008 |
Federal Circuit Again Refuses Reverse Doctrine of Equivalents Defense To Infringement Claim |
| Jun.17.2008 |
Absence of Findings Requires Reversal of "Exceptional Case" Determination |
| Jun.10.2008 |
Preferred Or Illustrated Embodiments Not Covered Where Patentee Does Not Alter A Term’s Ordinary Meaning |
| Jun.04.2008 |
Strict Showing of Necessity And Diligence to Oppose Summary Judgment is Not Required Without Adequate Initial Opportunity For Discovery |
| Jun.04.2008 |
Lack Of Standing Is Fatal To Lost Profits Claim |
| May.30.2008 |
Meaningful Preparation to Conduct Potentially Infringing Activity Required for Declaratory Judgment Jurisdiction |
| Apr.18.2008 |
Arbitration Clause Does Not "Run With Patent" |
| Apr.18.2008 |
"Defendant Preclusion" Res Judicata Can Result From Default Judgment |
| Apr.18.2008 |
Consideration of Competing Claim Constructions By Different Courts Required to Ensure Uniformity |
| Apr.14.2008 |
Bad Faith Required For Preliminary Injunction Against Patent Holder Warning Potential Infringers |
| Apr.11.2008 |
Absent Special Definition, Dictionary-Based Ordinary Meaning Controls Construction of "Computer" and "Computer System" Terms |
| Apr.11.2008 |
Presumption of Patent Validity Does Not Necessarily Extend to Entitlement to an Earlier Filing Date |
| Apr.03.2008 |
State Law, Not the Patent Act, Governs Patent Ownership |
| Mar.26.2008 |
Pending Regulatory Approval Does Not Confer Automatic Safe Harbor Exemption |
| Mar.04.2008 |
Subject Matter Jurisdiction Exists Even Though Four Year Period Between Threatening Letters And The Filing Of A Declaratory Judgment Action |
| Mar.03.2008 |
Pre-Verdict Reasonable Royalties Should Not Be Used For Determining Post-Verdict Damages |
| Feb.26.2008 |
Determining Suitability of Invention for Customer Purpose is not Experimental Use |
| Feb.20.2008 |
Failure to Disclose Employee Notes Constitutes Inequitable Conduct |
| Feb.15.2008 |
No Right to a Jury Trial on the Jurisdictional Issue of Standing |
| Feb.15.2008 |
Patents To Gene Sequences May Cover Plants And Seeds Containing The Patented Sequences |
| Feb.14.2008 |
Doctrine of Equivalents Must Be Applied on Element-By-Element Basis |
| Feb.06.2008 |
Claims Encompass Embodiments Described In The Specification Unless Precluded By Prosecution History |
| Feb.06.2008 |
Recitation of Sufficient Structure May Overcome Means –Plus-Function Presumption |
| Feb.05.2008 |
Full Claim Scope Must Be Enabled To Avoid Invalidity |
| Feb.04.2008 |
Dependent Claims May Be Definite Although The Independent Claim Is Not |
| Jan.30.2008 |
Lost Profits Not Recoverable For Convoyed Sales Without Adequate Relationship Between Components |
| Jan.30.2008 |
Semantic Definition Differences Not Inconsistent With Claim Construction |
| Jan.17.2008 |
An Indefinite Article "A" Or "An" Means "One Or More" |
| Jan.15.2008 |
A Reason For The Addition Of Claims During Reexamination Is Not Statutorily Required |
| Jan.10.2008 |
Unpublicized Paper Displayed On An FTP Server With An Acronym File Name Is Not A Printed Publication |
| Dec.11.2007 |
Interference Decision Finding Patent Specifications To Have Presented “New Evidence” Was Harmless Error |
| Nov.19.2007 |
Substantial Evidence Supports Infringement Finding Despite Narrower Claim Construction |
| Nov.14.2007 |
Incorporation By Reference Statement Must Be Drafted With Care |
| Nov.13.2007 |
A Number Expressed As A Power Of Ten Represents An Ordinary Number, Not A Range Of Numbers |
| Oct.26.2007 |
Waiver of Eleventh Amendment Sovereign Immunity Does Not Extend To Subsequent Action Following Voluntary Dismissal |
| Oct.16.2007 |
Exclusive Enterprise License Does Not Confer Standing To Bring Patent Action In Licensee’s Own Name |
| Sep.24.2007 |
Anticipatory Prior Art Must Enable Practice Of The Invention |
| Sep.21.2007 |
A Trust Holding Rights To Causes Of Action But Not Patent Title Has No Standing |
| Sep.20.2007 |
Disclosed Species Within A Count Establishes Constructive Reduction To Practice |
| Sep.17.2007 |
Arguments Unrelated To Patentablilty Preclude Infringement |
| Sep.07.2007 |
Sufficiently Pleaded Willful Infringement Claim and Inappropriate Royalty Base Calculation Result In Partial Reversal |
| Aug.31.2007 |
Infringed Design Patent Requires Combination of Elements To Be Non-Trivial Advance |
| Aug.24.2007 |
District Court's Markman Ruling Has No Preclusive Effect On PTO Reexam |
| Aug.15.2007 |
Safe Harbor of 271(E)(1) Broadly Applied |
| Aug.07.2007 |
Analogous Art May Come From Any Area Describing Similar Mechanisms |
| Aug.03.2007 |
DC’s Prescription Drug Excessive Pricing Act Federally Preempted |
| Jul.27.2007 |
Obviousness-Type Double Patenting: Earlier Patented Genus Invalidates Later Species Claim |
| Jul.24.2007 |
Trademark Application’s Identification of Goods is Within The PTO’s Discretion |
| Jul.23.2007 |
Infringing Present Activity Needed For Declaratory Judgment |
| Jul.10.2007 |
Prosecution History Estoppel’s Foreseeability Exception Defined By Original Claim Scope |
| Jul.10.2007 |
Patentee’s Admissions Trump Secondary Indicia of Non-Obviousness |
| Jul.09.2007 |
Patent Claim Term’s Definition Redefinition Permitted Despite Absence In Specification |
| Jul.03.2007 |
“Near” Not Indefinite if Adequately Defined |
| Jul.03.2007 |
Chemical Obviousness Following KSR and Pfizer |
| Jul.02.2007 |
Omission Of Claim Feature More Significant To Claim Interpretation Than That Feature's Inclusion In Specification Embodiment |
| Jun.25.2007 |
Incorrect to Eliminate Portions of A Mark and Then Compare |
| Jun.20.2007 |
General Statements Regarding Known Structures are Insufficient to Support Means-Plus-Function Claims |
| Jun.01.2007 |
Determination of Reasonable Royalty Should Consider Benefits to Patentee and Infringer |
| May.31.2007 |
Specification Limitations Can Give Meaning To Claim Terms Not Having An Ordinary Meaning |
| May.31.2007 |
Public Use Must Be for Intended Purpose of Invention to Trigger § 102(b) Bar |
| May.30.2007 |
"Aspirina" Merely Descriptive For Analgesic Goods |
| May.07.2007 |
Patentees’ Prior Statements in Unrelated Korean Suit Invalidate Infringed US Claims |
| May.01.2007 |
Absent Contrary Evidence, Claim Terms Appearing In Different Claims Presumptively Carry The Same Meaning |
| Apr.24.2007 |
Federal Circuit Panel Once Again Splits on Claim Construction |
| Apr.23.2007 |
Properly Construed Claim May Not Cover All Embodiments |
| Apr.18.2007 |
Lawyers.com Generic for Legal Information Website |
| Apr.09.2007 |
Certificate Of Correction That Broadens Is Invalid |
| Apr.06.2007 |
Claims Must Be Construed In View of Prosecution History |
| Apr.02.2007 |
Terms Of Terminally Disclaimed Patents Can Be Extended |
| Mar.30.2007 |
“Tangentiality” Not Available Unless Demonstrated In Prosecution History |
| Mar.29.2007 |
Obviousness Established Through Routine Testing |
| Mar.27.2007 |
Claims Broadened Beyond Specification Are Invalid |
| Mar.26.2007 |
Declarant’s Intentional Misrepresentation Not Remedied By Contradictory Supporting Exhibits |
| Mar.13.2007 |
Reissue Cannot Correct Judgment Errors |
| Mar.05.2007 |
Inappropriate Dismissal Of Counterclaims Is Harmless Error Absent Prejudice In Having To Reassert Such Counterclaims In A Subsequent Action |
| Mar.01.2007 |
TTAB’s Application Of “Excusable Neglect” Test Withstands Challenge |
| Feb.28.2007 |
No Equivalents Found Where Court Relied Upon Unclaimed Features And Patentee Did Not Present Particularized Testimony Regarding Equivalents |
| Feb.26.2007 |
State Court Patent Ownership Judgment Not Subject To Collateral Review |
| Feb.22.2007 |
Contractor Using Alleged Infringing Method Is Immune from Patent Infringement Suit |
| Feb.21.2007 |
Obviousness Is Found Where Motivation To Combine Prior Art Resides In Problem To Be Solved |
| Feb.20.2007 |
Both Judgment And Attorney Fees Are Lost For Non-Compliance With Service Rules |
| Feb.12.2007 |
TTAB’s Res Judicata Ruling Regarding Speaker Design Functionality Withstands Challenge |
| Dec.20.2006 |
Application Of On-Sale Bar Of Patented Method Requires Completion Of All Steps Prior To Critical Date |
| Dec.19.2006 |
Doctrine Of Equivalents Cannot Eliminate Claim Element |
| Dec.18.2006 |
Challenge To Inconsistent Jury Verdicts Are Waived In Absence Of Timely Objections |
| Dec.13.2006 |
Merely Identifying Each Element Of A Claim In The Prior Art Is Insufficient To Establish Unpatentability |
| Nov.27.2006 |
Attorney Fees Claim Permissible Even After Action Dismissed With Prejudice |
| Nov.27.2006 |
Misapplied, “All Elements Rule” Leads To Summary Judgment Reversal |
| Nov.21.2006 |
Validity Of Patented Design Questionable Where Feature Affecting Utility Is Included |
| Nov.21.2006 |
Limited Amendments Of Infringement Contentions During Discovery Are Consistent With The Federal Discovery Rules |
| Nov.20.2006 |
Pharmaceutical Composition Claim Infringed By Structural Analog Equivalent |
| Oct.30.2006 |
Lear Doctrine Requires Licensee's Explicit Notice Of Invalid Claims |
| Oct.25.2006 |
Implicit Motivation To Combine Sufficient To Show Obviousness |
| Oct.24.2006 |
Federal Circuit Finds Varietal Names Generic |
| Oct.24.2006 |
Reissue Validity Sustained Despite Alleged Surrender During Prosecution |
| Oct.12.2006 |
President Signs Changes To Trademark Dilution Law |
| Oct.05.2006 |
High Level Of Materiality And Intent Required For Unenforceability Due To Withheld Information |
| Sep.27.2006 |
No Separate Takings Remedy Against The Government |
| Aug.21.2006 |
No Patent Misuse When Based On Regulatory Prohibition |
| Aug.15.2006 |
Failure To Timely Object To Jury Instructions At Trial Limits Federal Circuit Claim Construction On Appeal |
| Aug.15.2006 |
Different Burden Of Proof For Relief From Judgment For Newly Discovered Evidence And For Fraud |
| Jul.26.2006 |
“Unforeseen” Market Changes Do Not Justify Reopening Old Patent Case |
| Jul.24.2006 |
Foreign Patentee’s Licensing Efforts Satisfy “Commercial Activity” Exception To Federal Sovereign Immunities Act |
| Jul.19.2006 |
Claims Filed After Critical Date To Provoke Interference Are Barred Unless They Are Not Materially Different From Claims Filed Before Critical Date |
| Jul.19.2006 |
Intent Required To Show Suppression And Inequitable Conduct |
| Jul.10.2006 |
Conditional Sale Doesn’t Trigger Patent Exhaustion |
| Jun.23.2006 |
Written Description Is Important In Construing Claim Terms |
| Jun.20.2006 |
Unambiguous Settlement Agreement Precludes Consideration Of Parties’ Intent |
| Jun.13.2006 |
No Likelihood Of Confusion Exists Even Where Marks Are Similar |
| Jun.12.2006 |
Difficulty In Articulating Description Is Relevant To A Determination Of Indefiniteness |
| Jun.06.2006 |
In Willful Infringement Analysis, Exculpatory Opinion Of Counsel Discounted Where Evidence Concealed From Author |
| May.23.2006 |
Claim Differentiation Doctrine Fails To Trump Interpretation Supported By Intrinsic Evidence |
| May.22.2006 |
Patent Defenses Addressed On The Merits Even After Non-Infringement Finding Affirmed |
| May.22.2006 |
Unclaimed Functions Cannot Be Imported Into A Means-Plus-Function Limitation |
| Apr.26.2006 |
Change In Advocated Claim Construction Theory Permitted On Appeal |
| Apr.24.2006 |
Settlement Prevents Contingent Payment Of Litigation Royalty |
| Apr.17.2006 |
No Infringement Where Structural Difference Renders Claimed Function Impossible |
| Apr.14.2006 |
Exclusive Licensor Subject To Personal Jurisdiction |
| Mar.30.2006 |
Acid Claims Not Infringed By Partly Neutralized Acid |
| Mar.30.2006 |
Evidence Of Accused Product Provides Meaningful Context For Claim Construction Analysis |
| Mar.29.2006 |
Determination Of Whether Trade Dress Is Product Design Is A Factual Question |
| Mar.29.2006 |
Summary Judgment Motion For Non-Infringement Requires Only Arguments, Not Evidence |
| Mar.22.2006 |
Preamble Limits Claim Where Body Of Claim Fails To Recite Complete Invention |
| Mar.20.2006 |
Adverse Economic Interest Not Sufficient To Confer Declaratory Judgment Jurisdiction |
| Mar.17.2006 |
A Full Markman Claim Construction Hearing Is Not Always Required |
| Mar.03.2006 |
Competence Of Proffered Counsel Opinions Is Relevant To Willful Infringement |
| Mar.02.2006 |
270 |
| Feb.23.2006 |
"Point Of Novelty" Test Remains For Design Patent Infringement |
| Feb.22.2006 |
No Right Of Cross-Appeal From Favorable Decisions |
| Feb.21.2006 |
Visa Restrictions Limit Authorization To Practice Before Patent And Trademark Office |
| Feb.21.2006 |
Failure To Cite Business Relationship To Applicant In Declaration To PTO Results In Finding Of Inequitable Conduct |
| Feb.09.2006 |
Awarded Costs Constrained By Federal Rules And Regional Circuit Law |
| Jan.31.2006 |
Indefiniteness Determined In Context Of Entire Specification |
| Jan.30.2006 |
No Collateral Estoppel As To A Reasonable Royalty Rate |
| Jan.17.2006 |
Explicit Statement In Patent Specification Does Not Limit Claims To Preferred Embodiment |
| Jan.10.2006 |
“Offer To Sell” Requires Consideration Of Nature Of Intended Product |
| Jan.04.2006 |
Booting-Caused Program Code Copying Is Not Copyright Infringement In A Case Of First Impression |