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"Examiner must articulate "a reason that would have prompted a person of ordinary skill in the relevant field to combine the elements in the way the c... 12 Jun 2009 | 08:57 am
BPAI CASE Ex parte FRANCIS X. HURSEY Appeal 2009-003346 Application 10/939,687 Technology Center 1600 Decided: June 11, 2009 Claim at issue: 1. A composition for promoting the formation of clots in b...
To sue under 35 U.S.C. ยง 256 Inventor must have sufficient financial interest to have standing 6 Jun 2009 | 04:36 am
In Larson v. CORRECT CRAFT, a joint inventor sued to rescind the assignments he had signed, which gave ownership to the company that employed him, and to remove two other named co-inventors. The court...
At Preliminary Injunction Stage Trial Court must determine whether it is more likely than not that the challenger will be able to prove at trial, by c... 5 Jun 2009 | 05:02 am
TITAN TIRE CORPORATION and THE GOODYEAR TIRE & RUBBER COMPANY, v. CASE NEW HOLLAND, INC., CNH AMERICA LLC, and GPX INTERNATIONAL TIRE CORPORATION, This was a design patent case but importantly the ca...
Standard for Claim Construction in Interference 5 Jun 2009 | 03:38 am
In Agilent Technologies v. Affymetrix, Agilent challenged the BPAI's and district court's finding that Affymetrix's claims satisfied the written description requirement. This case was based upon an in...
Patents are not barred just because it was obvious to explore a new technology that seemed to be a promising field of experimentation 15 May 2009 | 09:03 am
In The Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit held that the patent covering the active ingredient of ACTONEL was not obvious. Teva had argued that the claim coveri...
A proposed modification that would render the reference unsuitable for its intended use cannot be used to render a claim obvious 9 May 2009 | 03:59 am
BPAI Case Ex parte PAUL K. WOLBER, ROBERT H. KINCAID, DOUGLAS AMORESE, DIANE ILSLEY-TYREE, ANDREW S. ATWELL, MEL N. KRONICK, and ERIC M. LE PROUST, Appeal 2009-2252 Application 11/008,6031 Technology...
Acceptance of Animal Model is sufficient for Enablement 9 May 2009 | 03:47 am
Ex parte LAWRENCE M. BLATT, HUA TAN and SCOTT D. SEIWERT Appeal 2008-6024 Application 11/370,535 Technology Center 1600 Decided: April 27, 2009 1. A method of treating a flavivirus infection in an in...
BPAI rejects Examiner's Argument that "the meaning of the claims should be clear from the wording of the claim[s] alone" 9 May 2009 | 03:27 am
Ex parte PETER N. KAO, RONALD G. PEARL, TOSHIHIKO NISHIMURA, and JOHN L. FAUL Appeal 2008-5150 Application 10/801,729 Technology Center 1600 Decided: April 29, 2009 Claim at issue had the following p...
Later-developed alternative processes are relevant in the product-process "patentably distinct" inquiry 15 Apr 2009 | 05:58 am
In Takeda v. Doll, the issue was what filing date is relevant to an obviousness-type double patenting rejection that was between a product patent filed in 1975 and a process patent filed in 1990. The ...
Distribution of Manuscript With No Legal Obligation to Keep Confidential is Not a Printed Publication ""[w]here professional and behavioral norms enti... 1 Apr 2009 | 07:09 am
CORDIS CORPORATION, v. BOSTON SCIENTIFIC CORPORATION and SCIMED LIFE SYSTEMS, INC., (FEDERAL CIRCUIT) In the ongoing stent battle, Cordis and Boston Scientific appealed another case to the Federal Ci...
