In KSR v. Teleflex, the Supreme Court described numerous reasons for combining or modifying prior art references in an obviousness analysis. The Court also made clear that these reasons need not be explicitly set forth in the prior art references themselves. In
Read More
Once a USPTO examiner issues a “final” rejection against your patent application, your options become limited. They include 1) filing a Notice of Appeal to the Board of Patent Appeals & Interferences, 2) filing a Request for Continued Examination (“RCE”), 3) abandoning
Read More
This post may be helpful to those of you who litigate patent cases. While it is true that the most significant sources of claim construction evidence are the claim language, specification, and file history, courts often consider reliable sources of extrinsic evidence
Read More
In February, I wrote a post called “Have You Checked Your Pending Patent Applications Lately”. The post concerned the evolving nature of technology as products are commercialized and the need to ensure that pending patent applications remain relevant and tuned to the
Read More
The law of inventorship is not too difficult to state but can be very difficult to apply in practice. In general, only those individuals who contributed to the conception of the claimed invention in a patent should be named as inventors.
Read More
This week, we follow-up on last week’s post on requests for production with a discussion of interrogatories. Before serving interrogatories, it is advisable to obtain all of the information you can about the topics below through publicly available information such as SEC
Read More
Many patent litigation treatises or other secondary materials describe the types of discovery devices that can be used in patent cases, but few of them discuss what to seek—and why. Attorneys who are new to patent litigation often rely on exemplars of
Read More
[pullQuote position=”left”]“Create a narrative from the intrinsic evidence by using the claim terms in a manner that is consistent with your constructions and inconsistent with your opponent’s constructions”[/pullQuote]Storytelling is the key persuasive device used to win lawsuits. Early in any case, good
Read More
So, you hired a brilliant engineer to design a new medical device for your company. He used your computers, your staff, your vendors, your testing equipment, and developed it on “company time.” He received the salary that was agreed-upon for his efforts.
Read More
On April 3 Facebook answered Yahoo’s patent infringement complaint in the pending lawsuit in the Northern District of California. As many people predicted, Facebook also alleged patent infringement claims against Yahoo based on 10 of Facebook’s patents. We discussed Yahoo’s patents and
Read More