Author Archives: Jessica Martinez

Centocor v. Abbott Labs: Enforcing the Written Description Requirement in the Unpredictable Arts

In the recent Centocor Ortho Biotech, Inc. v. Abbott Laboratories (PDF), the Federal Circuit found that Defendant Abbott was not liable for patent infringement, on the basis of written description insufficiency. The Federal Circuit emphasized the patent statute’s requirement that … Continue reading

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NLRB v. American Medical Response: A Rare Case of Protected Employee Speech on Facebook

The recent settlement between the National Labor Relations Board (NLRB) and an ambulance service company in Connecticut is the first of its kind to set legal limits on employers’ Internet and social media policies. In December of 2009, employee Dawnmarie … Continue reading

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Uniloc v. Microsoft: Reducing the Potential to Recover Reasonable Royalty Rate Damages

In the recent Uniloc v. Microsoft (PDF), the Federal Circuit made two significant changes to the standards by which a patentee can recover damages from an infringer. First, the court abolished the “25% Rule of Thumb” which had previously been … Continue reading

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