Additional affidavits determined to lead to inequitable conduct In a split decision, The United States Court of Appeals for the Federal Circuit affirmed a District Court’s grant of summary judgment regarding United States patent number 5,047,398 (the ‘398 patent’) owned by Ferring B.V. and Aventis Pharmaceuticals, Inc. The decision was that the ‘398 patent was unenforceable due to inequitable conduct on the part […] Continue Reading →
Product’s assembly instructions lead to finding of inducing infringement Lack of proper documentation hinders caseIn a recent decision, the Federal Circuit explored the requirements for inducement of infringement and further elaborated on the Court’s holding in Knorr-Bremse regarding the use of competent opinions of counsel (or lack thereof) in the determination of willful infringement. In Golden Blount, Inc. v. Robert H. Peterson Co., the […] Continue Reading →
Federal Circuit clarifies ‘materiality’ Rule 56 of the patent office rules of practice imposes a duty of candor before the patent office. This is mandated by all who are substantively involved in the prosecution of patent applications. In order to satisfy this duty, information that is material to patentability must be disclosed to the patent office. This rule was […] Continue Reading →
Be careful what you tell the patent office Inventors, patent attorneys, and anyone else with substantive involvement with a patent application have a duty to disclose all information of which they are aware that is material to patentability. This is defined as information that either (1) alone or with other information makes the invention unpatentable absent other evidence; or (2) is inconsistent with […] Continue Reading →
Varco, L.P. v. Pason Systems USA Corp. In Varco, L.P. v. Pason Systems USA Corp., the Federal Circuit vacated and remanded the matter to the district court stating ‘the district court’s flawed claim construction directly led to its denial of the preliminary injunction motion.’At issue was a Varco patent which claimed an automatic drilling system that controls the release of a drill […] Continue Reading →
In Re Scott E. Johnston The United States Court of Appeals for the Federal Circuit affirmed the decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences that affirmed the Examiner’s rejection of all the claims in patent application No. 09/312, 992 entitled ‘Large Diameter Spirally Formed Pipe’ as being anticipated or obvious.The Federal Circuit […] Continue Reading →
Applied Medical Resources Corp. v. United States Surgical Corp. Applied Medical Resources Corp. v. United States Surgical Corp.Collateral estoppel did not bar re-evaluation of reasonable royalty even though the same issue, parties, patent, and type of product are involved. In Applied Medical Resources Corp. v. United States Surgical Corp., the Federal Circuit affirmed the award of damages, enhanced damages, attorney fees, and prejudgment interest […] Continue Reading →
Federal Circuit limits when claims can be invalidated as indefinite In Energizer Holdings, Inc. v. International Trade Commission, the Federal Circuit limited the conditions when a patent claim may be held invalid as indefinite under Continue Reading →
Federal Circuit restates requirements to be considered an inventor of a patent In Stern v. Trustees of Columbia University, the Federal Circuit reaffirmed the legal requirements to be considered an inventor of a patent. The patent at issue involved a method of treating glaucoma by use of prostaglandins. Lazlo Bito, a faculty member at Columbia, is the named inventor of the patent. Stern was a medical student […] Continue Reading →
Federal Circuit further defines when patent licensees may bring infringement suits In Aspex Eyewear, Inc. v. Miracle Optics, Inc., the Federal Circuit addressed who has the power to bring a claim for infringement of a patent when the patent holder has granted an exclusive license under the patent to another company that will end before the patent expires. In order for a licensee to have the […] Continue Reading →