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Intellectual Property Bullet Analyses

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
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