Licensee Cannot Sue for Infringement When is a right to sue not a right to sue? When it’s a right to sue for commercial patent infringement as part of a patent license agreement. While this seems like a curious result, in Sicom Systems Ltd. v. Agilent Technologies, Inc., the Federal Circuit came to just that conclusion.The patent at issue in […] Continue Reading →
Licensee in Good Standing Cannot Challenge Licensed Patent’s Validity A company that has licensed a patent from the patent holder does not have standing to challenge the validity of the patent while they are still complying with the license agreement. Also, whether the appeal of a case will go to the Federal Circuit Court of Appeals Continue Reading →
Board loosens business method patent requirements Applications for patenting business methods and business systems have been treated a little differently than other types of patent applications by the United States Patent & Trademark Office (USPTO). A recent decision by the Board of Patent Appeals and Interferences has removed one of the obstacles, opening the door for more possibilities in the area […] Continue Reading →
Court defines ‘public use’ that can bar inventors from receiving a patent Under section 102(b) of the patent laws, an inventor is barred from receiving a patent if, among other things, the invention to be patented was either on sale or in public use more than one year before the filing date of the patent application. In Invitrogen Corp. v. Biocrest Manufacturing, L.P., the Federal Circuit discussed […] Continue Reading →
‘Prophetic example’ renders patent unenforceable The Court of Appeals for the Federal Circuit recently affirmed a finding of inequitable conduct against Novo Nordisk Pharmaceuticals regarding its patent for production of human growth hormone (hGH). This finding renders the patent unenforceable.The patent at issue in Novo Nordisk Pharmaceuticals, Inc. v. Bio-Technology General Corp. Novo claimed priority back to a 1982 Danish […] Continue Reading →
MVS Races for a Cure Eight years ago, long-standing support staff member, Betty Albritton won her battle against breast cancer. And every year since, she’s organized a team of walkers and runners to join her in Race for the Cure. This year, 47 MVS staff and attorneys are planning to hit the pavement Saturday, Oct. 9. Their participation made possible […] Continue Reading →
Federal Circuit considers means-plus-function claims In Cross Medical Products v. Medtronic Sofamor Danek, Inc., a recent decision by the Federal Circuit Court of Appeals, the court mentioned the possibility that it may consider prosecution history estoppel as a bar to the statutory equivalents granted to ‘means-plus-function’ claims under section 112, paragraph 6 of the patent statutes.These types of claims protect […] Continue Reading →
When exporting materials becomes infringement The Federal Circuit recently ruled that a patent holder could obtain damages for infringement when an alleged infringer exports materials used in a patented process, even though the infringing method is ultimately performed outside the United States.The technology at issue was a method for commercially producing ethylene oxide gas. Ethylene oxide is typically used to […] Continue Reading →
Federal Circuit discusses written description requirement, assignor estoppel In Pandrol USA, LP v. Airboss Railway Products, Inc., decided on Monday, Sept. 19, the Federal Circuit Court of Appeals restated the requirement for an adequate written description of a patent and addressed the issue of assignor estoppel. The patent at issue dealt with a railroad track fastening system designed to reduce erosion of the […] Continue Reading →
Prolific patenter denied post-partum Fourteen patents held unenforceableIn a decision released Friday, September 9, the Federal Circuit upheld the district court’s finding that 14 patents issued to the now deceased Jerome Lemelson are unenforceable under the doctrine of prosecution laches.Prosecution laches can arise when there is an unreasonable and unexplained delay in the process of obtaining a patent, generally […] Continue Reading →