Tag Archives: Patents

The Poetry of Patent Claims

Patent claim drafters are the poet laureates of intellectual property. Although claim drafters do not employ clever figures of speech or deftly rhyme phrases, their poetic art is the ability to describe highly technical corporeal objects using nothing more than cogent stanzas of language.… Continue Reading

Leapfrog v. Fisher-Price: CAFC Ushers In A “New” Era of Obviousness with A Croak

In Leapfrog Enterprises, Inc. v. Fisher-Price, Inc., 06-1402 (Fed. Cir. 2007) the Court of Appeals for the Federal Circuit’s (“CAFC”) first obviousness opinion since KSR Int’l Co. v. Teleflex Inc., 550 U.S. __, 2007 WL 1237837 (2007) Leapfrog appealed the district court’s finding that the accused PowerTouch device did not infringe Leapfrog’s U.S. Patent No. … Continue Reading

Supreme Court Heightens Federal Pleading Standard

In a case likely to impact intellectual property litigation, the Supreme Court recently issued a ruling that alters the pleading standard necessary to support civil complaints filed in federal court, which governs most IP disputes.  In Bell Atlantic Corp. v. Twombly, 550 U.S. ____ (2007), the Court heightened the pleading standard, requiring that a complaint … Continue Reading

USPTO Proposes Changes to Disciplinary Rules

In December 2003, the United States Patent and Trademark Office (USPTO) proposed changes to the rules governing disciplinary proceedings for patent attorneys and agents.  A wide spectrum of bar associations, law firms, and other interested people and entities submitted more than 150 written comments to the USPTO in response to the proposed changes.  After reviewing … Continue Reading

Supreme Court Invites Guidance From Solicitor General Regarding Whether to Review ‘Reverse Payments’ For Settling of Patent Litigation

This week the United States Supreme Court invited the United States Solicitor General’s Office to file a brief expressing the views of the United States regarding a case testing whether a settlement where an accused infringer receives substantial consideration and agrees not to market a generic version of the patented item violates federal antitrust laws.  … Continue Reading

The Supreme Court Set to Make a Change to U.S. Patent Law

U.S. patent law is set to undergo a change, the scope of which remains to be seen.  The Supreme Court heard oral arguments on November 28, 2006 in KSR Int’l Co. v. Teleflex, Inc. (04-1350), the much anticipated Supreme Court case that considers whether the Federal Circuit’s “teaching, suggestion or motivation” test should be the … Continue Reading

A Wiki’d Initiative for Improving the Patent Review Process

On August 21, 2006, the USPTO released for public comment a proposed five-year strategic program. The proposed five-year program seeks to achieve several goals: optimize patent and trademark quality and timeliness, and improve foreign and domestic IP protection. One initiative presented under the patent quality and timeliness prong seeks to create a pilot program for streamlining the … Continue Reading

License to Litigate

On May 15, the Supreme Court, in its decision in eBay v. MercExchange, 547 U.S. 206, held that the traditional four-factor test applied by courts of equity when considering whether to award permanent injunctive relief to a prevailing plaintiff applies to disputes arising under the Patent Act.… Continue Reading

Getting More From Your Patent Claims

Having inventors and companies explore the full potential and ramifications of their inventions is often overlooked in many companies. Here are some simple techniques that inventors, team managers, and in-house patent counsel can use to get more out of their patent claims.… Continue Reading

Bayer AG v. Housey Pharmaceuticals, Inc. – Federal Circuit Decision Highlights the Importance of Detailed Declarations and Supporting Data in Resisting Claims of Inequitable Conduct

Claims that a patent is unenforceable because of inequitable conduct on the part of the patentee are frequently made but rarely effective. To render a patent unenforceable, the challenging party must demonstrate by clear and convincing evidence that the patentee made a material misrepresentation with the intent to deceive the Patent Office. Normally, this is very difficult, … Continue Reading

KSR Intern. Co. v. Teleflex

The Supreme Court recently decided to hear KSR Intern. Co. v. Teleflex , in which the appellant challenges the traditional Federal Circuit "teaching-suggestion-motivation" test for obviousness challenges to patent validity.  This test requires that a party attacking a patent as invalid for obviousness must present objective evidence of a particular teaching, suggestion, or motivation in … Continue Reading

D.C. Circuit Provides More Certainty to Generic Drug Manufacturers and Takes Some of the Gamesmanship Out of Patent Lawsuits

In today’s increasingly competitive generic drug market, the Court of Appeals for the D.C. Circuit has issued a ruling that makes it more difficult for generic drug manufacturers to use patent lawsuits as a vehicle to trigger, or avoid triggering, the 180-day exclusivity period for generic drugs. In Apotex, Inc. v. Food & Drug Administration, … Continue Reading

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