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legal:means-plus-function 12 Aug 2013 | 09:45 pm
Means Plus Function limits claim to disclosed embodiments (02/08/12) Means+FUnction: In [Mettler-Toledo, Inc. v. B-Tek Scales, LLC], Judge Moore held that a claim limitation in patent 4,815,547 to “m...
legal:procedural:prosecution 12 Aug 2013 | 09:45 pm
Burden shifts to Applicant when PTO provides "reasonable proof that a claim limitation is inherent (04/20/12) In [In re Mousa], the Fed. Cir. upheld the board's rejection of a chemical compound as an...
legal:procedural:evidence - created 12 Aug 2013 | 09:44 pm
Supreme Court: Federal District Court must consider new evidence on appeal from Appeal Board In [Kappos v. Hyatt], the Supreme Court upheld the Federal Circuit's reversal of a Summary Judgment grante...
index:start 12 Aug 2013 | 09:44 pm
* General Legal * Statutory Subject Matter * Inventorship * * Infringement * Contributory/Joint Infringement * Willfulness * Claim construction * Functional Limitations, generally * Doctrine of Claim...
legal:validity_and_enforceability 12 Aug 2013 | 09:42 pm
One's own disclosure cannot be prior art absent a patent bar (04/10/12) This is an old case, but apparently still good law: In April 10, 1969, the applicant-appellee held that, that where a relevant ...
legal:functional_limitations - created 12 Aug 2013 | 09:39 pm
Fed. Cir. addresses functional language in software claims (11/06/11) keyboardless a memory for storing at least one data collection application a processor coupledfor executing said data collection ...
legal:claim_construction 12 Aug 2013 | 09:35 pm
CAFC clarifies "abstract" In [Ultramercial v. Hulu], the Fed. Cir. reviewed and reversed a dismissal by the district court of a patent because the claim was not patent-eligible subject matter. Chief ...
legal:validity_and_enforceability:inequitable_conduct 12 Aug 2013 | 09:34 pm
En Banc restructuring of Inequitable Conduct Doctrine (06/06/11) In [Therasense v. Becton], the CAFC En Banc opinion authored by Chief Judge Rader, the court eviscerated the prevailing inequitable co...
legal:validity_and_enforceability:false_marking - created 12 Aug 2013 | 09:31 pm
CAFC: $500 fine per falsely marked article(05/03/10) Marking: A false marking claim under 35 U.S.C. §292 requires an intent to deceive the public, which is found when “a party acts with sufficient kn...
legal:validity_and_enforceability:validitity_under_112 12 Aug 2013 | 09:29 pm
En Banc CAFC reaffirm written description doctrine (03/28/10) In [Ariad Pharmaceuticals et al v. Eli Lilly] the CAFC upheld a separate written description requirement. The [patent at issue] relates t...
