Payday Loans Payday Loans

Invalidity

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….

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

Which Patent Law Will Apply to My Application After March 16, 2013?

As 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 More

What Limitations Are There on the Breadth of Otherwise Novel and Non-Obvious Patent Claims?

Clients 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 More

Avoiding Indefiniteness Traps – Specifying Measurement Standards and Providing Examples

U.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 More

I Got a Cease and Desist Letter – What Do I Do?

  When 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…

Read More
Page 1 of 212