Entries by PatentAttorney.com

Federal Circuit issues clarifying opinion on Definiteness vs Indefiniteness test

The Federal Circuit recently clarified its interpretation of a major Supreme Court case involving the standard of definiteness and when a patent may be determined indefinite. Previously the Federal Circuit has held that a claim is indefinite “only when it is ‘not amenable to construction’ or ‘insolubly ambiguous.’”  In Biosig Instruments, Inc. v. Nautilus, Inc. […]

Federal Circuit issues clarifying opinion on Direct Infringement vs. Induced Infringement

The Federal Circuit recently clarified its interpretation of a major Supreme Court case involving direct infringement. In Akamai Technologies, Inc. v. Limelight Networks the Federal Circuit issued a new opinion that said direct infringement of a method claim “exists when all of the steps of the claim are performed by or attributed to a single […]

Important Trademark Decision May have Implications for Patent Law

In B&B Hardware v. Hargis Industries, the U.S. Supreme Court held that a decision from the Trademark Trial and Appeal Board (TTAB) can prevent a district court from re-judging issues that have already been decided by the TTAB’s decision, if the “ordinary elements” of issue preclusion are met. This is despite the fact that the […]

Novartis Wins Appeal for First Biosimilar to Go On Sale in US

Novartis International has won FDA approval for a biosimilar of an existing drug. The drug, a copy of Amgen’s Neupogen, is designed to boost white blood cell counts in certain patients. An abbreviated FDA approval pathway for biologic medical products that share most of their properties with an existing, approved biologic product was created by […]

Federal Circuit Restricts Patent Exhaustion Doctrine

In Helferich Patent Licensing v. NYTimes and JCPenney, the Federal Circuit restricted the scope of the patent exhaustion doctrine by holding that the doctrine only protects “authorized acquirers” of a device against patent infringement claims instead of putting the device itself outside the scope of patent protection. In Helferich, the Helferich company owned patents on […]

Federal Circuit: Independent Claim Preamble May Limit Dependent Claims

In Pacing Tech v. Garmin, the Federal Circuit construed the claim preamble of an independent claim of a patent to be limiting for the dependent claims as well. The preamble of the claim, which referred to “a repetitive motion pacing system,” was found to be limiting because it “served as an antecedent basis” for limitations […]

Supreme Court Adopts More Deferential Standards For Claim Construction

In Teva Pharmaceuticals v. Sandoz, the U.S. Supreme Court adopted standards for claim construction that are more deferential to the claim constructions formulated by trial courts. Previously, the constructions of patent claims made by lower courts would be reviewed de novo in their entirety by the Federal Circuit and other appellate courts, which created a […]

Federal Circuit Upholds Willful Infringement Finding Despite Defendant’s Invalidity Defense

In Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc. 14-1114 – 2015-01-13, the Federal Circuit upheld a district court decision finding willful infringement.  To find willful infringement, “a patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent.” In […]