Invalidity

Defending the Patent Case – Make the Patent Holder Commit

Forcing patent holders to commit to their positions as early as possible is critical for successfully defending a patent case.  There is often tension between the patent holder’s infringement case and its validity case, and it is important to force and pin down the patent holder’s positions as early as possible to improve your chances…

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Mayo Collaborative Services v. Prometheus Laboratories—The Unanswered Questions

As a follow-up to our original post on the Prometheus case, we did a search to see if there were other patents related to the ones struck down by the U.S. Supreme Court, i.e., U.S. Patent No. 6,355,623 and 6,680,302.  These patents issued in 2002 and 2004, respectively.  In 2006 the same inventors obtained a…

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Today’s Supreme Court Decision Threatens the Patentability of Diagnostic Test Methods

If your business is based on patented diagnostic test methods, you may want to pay attention today’s U.S. Supreme Court opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc.  In this case, the Court unanimously reversed the Federal Circuit Court of Appeals and held that patent claims directed to a method of determining whether dosage…

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Yahoo v. Facebook – Statutory Subject Matter Defense May be Key

The patent infringement lawsuit filed by Yahoo on Monday has caused quite a stir.  Not only has the timing of the suit raised eyebrows because of Facebook’s impending IPO, but so has the subject matter of the patents-in-suit.  A closer look at Yahoo’s patents reveals that the validity of many of their claims may turn…

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How Can They Get a Patent On That?—Invalidating Patents

“How can they get a patent on that”?  This is a question I’ve heard countless times from clients after receiving a cease and desist letter threatening to sue them for patent infringement.  Patent examination is ex parte, so only the applicant and the examiner are involved.  The examiner is the gate keeper of the system…

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