Monthly Archives: November 2013

In re Kevin P. Eaton

Posted on November 25, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2013-1104 RADER, LOURIE, MOORE (per curium) November 22, 2013 Non-precedential Brief summary: Finding of anticipation reversed because prior art was not shown to disclose compositions “essentially free of anti-oxidants” as defined by the specification. Obviousness findings reversed because … Continue reading →

Posted in Anticipation (35 USC 102), Claim Construction, Obviousness | Leave a comment

Integrated Technology Corp. v. Rudolph Technologies Inc.

Posted on November 13, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1593, -1618 RADER, CLEVENGER, MOORE November 4, 2013 Brief summary: Decision of infringement under DOE was reversed due to prosecution history estoppel (narrowing amendment, no defenses (Festo)). Summary: Rudolph appealed DC judgment of infringement (non-willful and willful, $15.3 … Continue reading →

Posted in Attorney's Fees, Doctrine of equivalents, Laches, Prosecution History Estoppel, Willfullness | Leave a comment

Sanofi Aventis v. Pfizer, Inc.

Posted on November 11, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1345 NEWMAN, LOURIE, DAVIS November 5, 2013 Brief summary: Pfizer found to have possession of isolated nucleic acid sequence even with errors in sequence that were not corrected until after Sanofi’s priority date. Summary: Sanofi appealed USPTO decision … Continue reading →

Posted in Interference, Inventorship | Leave a comment