Prosecution History Estoppel Limits Design Patent Amendments
A fascinating ruling dealing with design patents, amendments made during prosecution, and limitations on claim scope was handed down by the Court of Appeals for the Federal Circuit on September 12,...
Fed Circuit Watch: Cat’s Out of the Bag: Continuous Reduction to Practice is Reasonable Diligence
Arctic Cat Inc. has been involved in a few patent-related cases in recent years, including one case from 2018 which we discussed on this blog dealing with the law of obviousness’s motivation to...
Fed Circuit Watch: Pre-Critical Date Surgeries Not Invalidating Public Uses
In the first split precedential decision of 2019 by the Court of Appeals for the Federal Circuit, the Fed Circuit assessed the issues of invalidating public disclosure versus an inventor’s exception...
SCOTUS Watch: On-Sale Bar Still Valid Under AIA
On January 22, 2019, the United States Supreme Court handed down a highly anticipated ruling that has caused measurable discrepancies amongst the patent community after the America Invents Act (AIA)...
Fed Circuit Watch: Different Evidence + Different Standards of Review = Different Validity Result
The Court of Appeals for the Federal Circuit presented an interesting paradox in patent validity challenges, especially when the same parties bring forth essentially the same issues, but have...
Fed Circuit Watch: PTAB Anticipation Analysis All Wrong
Anticipation in patent law means the claimed invention lacks novelty, or is not new; in other words, the invention was already invented. Anticipation, as codified in 35 U.S.C. §102(a) (or...
SCOTUS Watch: Challenge to Secret AIA On-Sale Bar as Helsinn Granted Certiorari
On June 25, 2018, the United States Supreme Court granted the petition for writ of certiorari requested by Helsinn Healthcare S.A. In the appellate case which had been winding its way through the...
Fed Circuit Watch: Swearing Behind Must be Supported by Sufficient Evidence
On April 17, 2018, the Court of Appeals for the Federal Circuit held in Apator Miitors ApS v. Kamstrup A/S, that in order for a patent assignee to swear behind a reference by antedating its own...
Fed Circuit Watch: Unreasonably Broad PTAB Claim Construction Reversed
On March 19, 2018, the Court of Appeals for the Federal Circuit rejected, in In re Power Integrations, Inc., a PTAB decision finding that claims were invalidated as anticipated as unreasonably...
Fed Circuit Watch: Written Description From Earlier-Filed PCT with Species Claim Sufficient Support for Later-Filed Genus Claim
On March 14, 2018, the Court of Appeals for the Federal Circuit ruled on Hologic, Inc. v. Smith & Nephew, Inc., which deals with many areas in patents, including foreign applications, priority...
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