Monthly Archives: July 2012

CLS Bank International et al. v. Alice Corporation Pty. Ltd.

Posted on July 24, 2012 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2011-1301 LINN, PROST (D), O’MALLEY July 9, 2012 Brief Summary: The panel held that “when it is not manifestly evident that a claim is directed to a patent ineligible abstract idea, that claim must not be deemed for … Continue reading →

Posted in Patentability | Leave a comment

Yale Preston v. Marathon Oil Company, et al.

Posted on July 18, 2012 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2011-1013, -1026 BRYSON, DYK, O’MALLEY July 10, 2012 Brief summary: DC correctly found that Marathon owned patents through employment agreement even though separate written assignment was not executed. Summary: The question in this case is whether Preston assigned … Continue reading →

Posted in Assignment / Ownership | Leave a comment

Sciele Pharma Inc. et al. (“Shionogi Pharma”) v. Lupin Ltd. et al.

Posted on July 10, 2012 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1228 LOURIE, PROST, MOORE July 2, 2012 Brief Summary: The clear and convincing burden of proof to show patent invalidity is not changed if the PTO considered the references during prosecution, but such references may have more or … Continue reading →

Posted in Obviousness | Leave a comment

In re Mouttet

Posted on July 2, 2012 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2011-1451 PROST, O’MALLEY, REYNA June 26, 2012 Brief Summary: Obviousness does not require “actual, physical substitution of elements” and “the mere disclosure of alternative designs does not teach away” (reference should “criticize, discredit, or otherwise discourage” claimed invention). … Continue reading →

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