Topic Archives: patent

The Uncertain Future of Divided Patent Infringement

The law of patent infringement is governed by 35 U.S.C. § 271. In particular, § 271(a) describes what constitutes infringement: Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the … Continue reading

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The European Court of Justice Bars Stem Cell Patents In Landmark Decision

The European Court of Justice in Luxemburg ruled on October 18, 2011 in a landmark decision in the case C-34/10 Oliver Bruestle v Greenpeace e.V. and barred embryonic stem cell patents in Europe. In its ruling, the Court said that … Continue reading

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Therasense, Inc. v. Becton, Dickinson and Co.: A Radical Change in the Legal Standard of Inequitable Conduct

Overview On May 25, 2011, the Federal Circuit issued its en banc opinion in Therasense, Inc. v. Becton, Dickinson and Co., radically changing the legal landscape of the inequitable conduct doctrine.  In creating these new standards, the Therasense majority aimed … Continue reading

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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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District Court Finds Qui Tam Provision in Patent False Marking Law Unconstitutional: Unique Product Solutions v. Hy-Grade Valve

35 U.S.C. § 292 is known as the Patent False Marking Statute and contains two subsections.  Subsection (a) says that it is unlawful, without the consent of the patentee, “to mark a product with, or use in advertising, a patent number … Continue reading

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Centillion Data Systems, LLC v. Qwest Communications International: New Aspects to Divided Infringement

In Centillion Data Systems, LLC v. Qwest Communications International (PDF), the Federal Circuit limited its doctrine that for patent infringement, “every element” of a claim needs to be infringed by a single party. Legal Background: Patent claims describe the scope … 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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Tokai v. Easton: Deference to the PTO and Hindsight Bias in Obviousness Analysis

The recent Tokai v. Easton opinion (PDF) raises a timely standard of review issue that the Supreme Court will soon consider in Microsoft v. i4i, and highlights the danger of hindsight bias in an obviousness analysis. The timely issue here regards … Continue reading

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iLOR v. Google: A Two-Part Test for Identifying Vexatious or Unjustified Litigation

Summary Collectively,  Brooks Furniture and iLOR v. Google (PDF) establish the standards a defendant must meet for an award of attorney fees from vexatious and unjustified litigation under 35 U.S.C. § 285.  Brooks Furniture Manufacturing, Inc. v. Dutailier International, Inc., … Continue reading

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Winter 2010 News Briefs

This month, our team members have been consumed with outlines, papers, and finals, and now the holidays are upon us.  Although we won’t be able to write full posts on all of the recent developments in technology law, we wanted … Continue reading

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