Topic Archives: patent

Finjan v. Secure Computing: Direct Infringement of Apparatus Claims by Software That Requires User Unlocking or Activation

In the recent Finjan v. Secure Computing decision, the Federal Circuit affirmed that software that is sold in locked or inactivated form can directly infringe apparatus claims even before the customer unlocks or activates the software in separate subsequent steps. … Continue reading

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First Invented in a Foreign Country and Later “Invented” Again “in this Country:” Solvay v. Honeywell on 35 U.S.C. 102(g)(2)

In the recent Solvay v. Honeywell (PDF) decision, the Federal Circuit dealt with the issue of who qualifies as a prior inventor for the purpose of 35 U.S.C. § 102(g)(2).  In particular, this case concerns an invention that was invented … Continue reading

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Solicitor General Files Brief in Stanford v. Roche

On September 28, 2010, the Solicitor General (SG) filed a brief explaining the views of the United States in the pending appeal of Stanford v. Roche, 583 F.3d 832 (Fed. Cir. 2009) (PDF).  The SG’s brief argues strongly in Stanford’s favor, … Continue reading

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Teva v. Eisai: Subsequent Paragraph IV Filers Have Standing When Commencement of First-Filer’s Exclusivity Period is Delayed

In Teva v. Eisai, the Federal Circuit held that a subsequent Paragraph IV filer has standing when a patent listed in the Orange Book causes a delay in the triggering of a first filer’s exclusivity period and prevents the subsequent … Continue reading

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Goeddel v. Sugano – Disclosure that Allows a PHOSITA to “Envision” an Invention Fails the Written Description Requirement

The recent decision in Goeddel v. Sugano concerns an appeal from an interference proceeding.  Although these types of cases may be a “dying breed” if patent reform goes through (as discussed in this PLI Patent Law Practice Center post), this … Continue reading

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