Static

 

 

November 2016 — Manufacturing Services is not a Commercial Sale

Under § 102(b) of Title 35 of the United States Code, if an invention was “on‐sale” more than one year prior to filing an application for patent, then the invention was barred from being patented. The purpose of this law is to prevent inventors from profiting from their invention for an extended period of time prior to seeking exclusive rights to that invention.
» Download the PDF

 

 

July 2016 — Supreme Court Upholds AIA Provision Barring Judicial Review of Decision to Institute IPR

Under the America Invents Act (“AIA”), a third party may challenge the validity of an issued United States patent by filing a request for inter partes review (“IPR”). The Patent Trials and Appeal Board of the United States Patent Office (“Appeal Board”) will grant the request and institute the IPR if it finds a reasonable likelihood that the invention was previously disclosed or obvious to a person of ordinary skill in the art. In a statute establishing the IPR process, Congress stated that “[t]he determination by the Director whether to institute an inter partes review under this section shall be final and non-appealable.”
» Download the PDF

 

 

June 2016 — Despite Supreme Court Victory, Patent Owner’s $63 Million Award Vacated on Remand

In May of 2015, Commil USA (a patent holding company) won a major victory before the U.S. Supreme Court, which ruled that an accused infringer’s good faith belief in the invalidity of a patent is not a defense against an allegation of inducement of infringement.
» Download the PDF

 

 

April 2016 — How Not to Undersell the Invention in a Patent Application

BE CAREFUL WHAT YOU SAY IN A PATENT: In in re: Morsa, the Federal Circuit held a patent, which was drafted and prosecuted by an inventor himself, to be invalid as anticipated over a prior art reference. In finding anticipation, the Federal Circuit partially relied on the statements in the patent regarding the knowledge a PHOSITA would have.
» Download the PDF


 

October 2015 — Federal Circuit Gives Patent Office Wide Discretion in Inter Partes Review

In in re Cuozzo Speed Technologies, LLC, the Federal Circuit held that the decision by the USPTO to institute an Inter Partes Review is not appealable and that the USPTO is free to use the "broadest reasonable interpretation standard" of claim construction during the review.
» Download the PDF

 

© 2016 Wood Phillips. All Rights Reserved | Disclaimer | Contact Us | LinkedIn® LinkedIn