SteveAdrian : CAFC Alert

Problems That May Arise When Inventor Changes Employment: Obviousness-type Double Patenting

Stephen G. Adrian | March 13, 2013

In Re Jeffery Hubbell

March 7, 2013

Panel:  Newman, O’Malley and Wallach.  Opinion by O’Malley.  Dissent by Newman.

Summary

Most patent practitioners would not be worried about an issued patent having a much later filing date than the application they are prosecuting. However, this case illustrates that such a patent can ultimately bar their application from issuing due to the doctrine of obviousness-type double patenting.


Read More/続きを読む

Burden of persuasion in the post-MedImmune world

Stephen G. Adrian | September 27, 2012

Medtronic v. Boston Scientific Corporation, Guidant Corporation and Mirowski Family Ventures

September 18, 2012

Panel:  Lourie, Linn, Prost.  Opinion by Linn.

Summary

This decision discusses who carries the burden of persuasion in the post-MedImmune world. This question arises as a consequence of the Supreme Court’s decision in MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007). In MedImmune, the Supreme Court found declaratory judgment jurisdiction even though the declaratory judgment plaintiff-licensee continued to make royalty payments pursuant to a license. The Court reasoned that a licensee should not be forced to cease royalty payments and risk infringement liability before the licensee can challenge the extent of coverage of the license.

The district court entered judgment of non-infringement in favor of Medtronic and judgment of validity and enforceability in favor of Mirowski Family Ventures (MFV). MFV appeals the judgment of non-infringement and Medtronic cross appeals the district court’s claim construction.  The CAFC vacates the district court ruling and remands.


Read More/続きを読む

Every Patent Practitioner’s Nightmare – Prosecution Mistakes That Can’t Be Fixed

Stephen G. Adrian | April 25, 2012

Landmark Screens, LLC, v. Morgan Lewis & Bockius, LLP, and Thomas D. Kohler

April 23, 2012

Panel: Bryson, Clevenger and O’Malley. Opinion by Clevenger.  Concurring opinion by O’Malley.

Summary:

Patent prosecution can be forgiving when a mistake is made. However, given the right set of circumstances, a simple mistake can turn into a nightmare for both the client and attorney. This decision illustrates that a given set of circumstances can lead to a mistake which cannot be fully corrected, which leads to charges of malpractice and fraud against the prosecuting attorney as well as loss of a client. This decision also illustrates that full claim scope can be lost as a result of the mistake.


Read More/続きを読む

Subscribe | 登録

Archives

Categories

词典 / 辞書 / 사전
  • dictionary
  • dictionary
  • 英語から日本語

Double click on any word on the page or type a word:

Powered by dictionarist.com