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Patent Litigation

Have Your Cake and Eat It Too – Obtaining Broad Claims That Define a Device or Apparatus Based on How it Works

Pros and Cons of Apparatus and Method of Use Claims Devices or apparatuses can often be protected by using two kinds of patent claims: apparatus and method of use claims. Each approach has its benefits and drawbacks. In general, apparatus claims expand the class of direct infringers relative to method of use claims but are…

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Are You and Your Patent Attorney Challenging Each Other?

Since we have been living with managed medical care for some time, many people have become accustomed to the idea that they need to act as their own advocate when dealing with medical professionals.  Thus, we have become more comfortable with questioning our doctor’s opinions and the bases for them and with the idea that…

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Recent Federal Circuit Decision Limits ITC Authority to Block Importation of Goods Used to Infringe U.S. Patents

Last month, the Federal Circuit Court of Appeals issued an opinion that could have a significant impact on patent owners who seek International Trade Commission (ITC) exclusion orders to block the importation of goods used to infringe their patents.  In a 2-1 decision in Suprema, Inc. v. ITC, the Court held that the ITC cannot…

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Strategies for Using the Written Description Requirement to Invalidate Broad Patent Claims

In an earlier blog post (http://hanseniplaw.com/what-limitations-are-there-on-the-breadth-of-otherwise-novel-and-non-obvious-patent-claims/) we addressed the question of whether and to what extent U.S. law limits the breadth of patent claims that are otherwise novel and non-obvious. As we explained, both the Written Description and Enablement requirements of U.S. patent law may limit claim scope even if the prior art does not….

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Defending the Patent Case – A Tale of Two Cases

In our experience, many patent cases are actually a tale of two cases: The case based on the patent holder’s interpretation and application of the claims and the case based on the accused infringer’s interpretation and application of the claims.  Both cases involve the same set of patent claims. However, they often involve conflicting ways…

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It Ain’t Over ‘Til It’s Over- Federal Circuit Court of Appeals Strengthens Reexamination Process

On July 2, 2013 the Federal Circuit Court of Appeals issued an opinion in Fresenius USA v. Baxter International, Inc., Case. No. 2012-1334, 1335 (Fed. Cir. July 2, 2013), which enhances the ability of patent infringement defendants to invalidate patents via the ex parte reexamination process. The ex parte reexamination process allows anyone to ask…

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U.S. Supreme Court Rules that Isolated Genes Are Not Eligible for Patent Protection

In a long-awaited decision in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al., the U.S. Supreme Court held on June 13, 2013 that naturally-occurring, isolated genes are not patentable because they do not constitute patentable subject matter under the Patent Statute.  With this decision, another chapter has been written in the…

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Are Business Methods Really Patentable in the United States?

Well, we thought so, but now we are not so sure.  It seems that the much more is required than the business method itself in order to obtain a patent.  The cases suggest that, at a minimum, novel computing features are required.  The Federal Circuit’s most recent pronouncement on the issue seems to change little…

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Improving Patent Quality – Reining in Statements of Intended Use In Patent Claims

There has been a lot of discussion in the patent world recently about how to improve patent quality.  Much of this discussion has been motivated or at least strongly influenced by the surge in patent litigation brought by “patent trolls.”  As we discussed last month, Congress is attempting to reduce the leverage that patent trolls enjoy…

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Pitfalls of Dealing with AIA Transition Applications

In one of our earlier posts we discussed how to determine whether a given patent application or patent is subject to the First Inventor to File Provisions of the America Invents Act (AIA).  In particular, we discussed the complexities involved in determining whether an application filed after March 16, 2013 was subject to the First…

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