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…
Read MorePatent Litigation
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…
Read MoreThere 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…
Read MoreIn 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…
Read MoreAs we discussed last month, the “first inventor to file” provisions of the America Invents Act (AIA) go into effect next month on March 16. The USPTO issued its final rules for implementing the AIA last week, and a copy of the rules can be found here. Figuring out whether the AIA or pre-AIA law governs…
Read MorePatent holders can prove infringement by showing that each element of a claim is literally present in an accused infringer’s product or that those elements which are missing have an “equivalent.” The latter approach is permitted under what is known as the “doctrine of “equivalents.” There is something of a conundrum in the way the…
Read MoreA key decision for many accused infringers is whether to rely on an opinion of counsel to rebut a claim of willful infringement. A finding of willful infringement opens the door to the assessment of enhanced damages which can be as much as three times the actual damages. At one time, the law imposed a…
Read MoreClients are often surprised and perplexed at the breadth of patent claims their competitors obtain because they seem to go well beyond the descriptions and examples in their patents. In our experience, patent lawsuits typically involve situations where the accused product is not specifically described in the specification of the asserted patent yet the patent…
Read MoreU.S. Patent Law requires that patent claims be sufficiently definite such that one of ordinary skill in the art could ascertain their metes and bounds. Accused infringers may seek to invalidate claims under 35 U.S.C. § 112, ¶ 2 if the claims are not definite. In considering such issues, the courts typically look at whether…
Read MoreWhen patent holders want to let someone know that they are infringing their patent(s), they often send what is known as a “cease and desist” letter. The letter usually mentions the patent number and the product the patent holder thinks is infringing and demands that you stop making, using, selling, or importing it, as…
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