On more than one occasion we have heard a client express surprise or frustration that the Patent Office issued one of their competitors a patent which seems invalid because it claims something known in the “prior art” or has some overly broad
Read More
In our experience, many clients are under the impression that the naming of inventors on a patent application is discretionary and that they can simply select whom they wish to name. We have seen situations where, for internal political reasons, someone wants
Read More
One of the defenses available to an accused infringer is that the asserted patent claims are invalid for indefiniteness. The Patent Statute requires that the claims of a patent “particularly point[] out and distinctly claim[] the subject matter which the applicant regards
Read More
In last month’s blog, we discussed the Federal Circuit’s decision in X2Y Attenuators, LLC. V. International Trade Commission, a case which demonstrated how limiting descriptions of an invention in a patent specification can be used to restrict the scope of otherwise facially
Read More
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
Read More
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
Read More