Monthly Archives: January 2015

Plas-Pak Industries, Inc. v. Sulzer Mixpac AG

Posted on January 29, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2014-1447 LOURIE, MOORE, REYNA January 27, 2015 Non-precedential Brief Summary: FC affirmed Board decision that combination of references would have “render the prior art ‘inoperable for its intended purpose’” and, therefore, making it “unlikely to motivate a person … Continue reading →

Posted in Obviousness | Leave a comment

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. et al.

Posted on January 28, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 13-854 U.S. Supreme Court (opinion delivered by J. Breyer) January 20, 2015 Brief Summary: The FC was found to have erred in not accepting the DC’s factual findings regarding the meaning of the term “molecular weight” without finding … Continue reading →

Posted in Claim Construction, Indefiniteness, U.S. Supreme Court | Leave a comment

In Re Orbital Technologies Corporation

Posted on January 26, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2014-1298, -1299 REYNA, CLEVENGER, WALLACH January 20, 2015 Non-precedential Brief Summary: Orbital found to have waived claims arising from the examiner’s use of the translation when it did not accept his offer to reopen examination. Machine-translated JP reference … Continue reading →

Posted in Obviousness | Leave a comment

In Re The Newbridge Cutlery Company

Posted on January 19, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2013-1535 PROST, LINN, HUGHES January 15, 2015 Brief Summary: Appeal of PTO decision that the use of “Newbridge” in a trademark registration would be geographically distinctive reversed as there was no “evidence to show the extent to which … Continue reading →

Posted in Trademarks | Leave a comment

Bard Peripheral Vascular, Inc. et al. v. W.L. Gore & Assoc., Inc.

Posted on January 15, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2014-1114 PROST, NEWMAN(D), HUGHES(C) January 13, 2015 Brief Summary: DC decision of willfulness affirmed as Gore’s defense regarding inventorship determined not to be susceptible to a reasonable conclusion of invalidity. Summary: Gore appealed DC judgment of willful infringement … Continue reading →

Posted in Inventorship, Willfullness | Leave a comment

Delano Farms Company et al. v. The California Table Grape Commission et al.

Posted on January 12, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2014-1030 PROST, BRYSON, HUGHES January 9, 2015 Brief Summary: DC decision that a reasonable jury could not have determined whether members of the public were informed of or could readily discern the public had been put in possession … Continue reading →

Posted in Anticipation (35 USC 102), Public Use, Uncategorized | Leave a comment

In re Dwight C. Shaneour

Posted on January 9, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2014-1518 PROST, O’MALLEY, TARANTO (per curiam) January 8, 2015 Non-precedential Brief Summary: Board decision that examiner examiner correctly rejected claims as obvious affirmed as prior art was “reasonably pertinent” and there was “no recitation in the patent disclosure … Continue reading →

Posted in Analgous Art, Obviousness, Preamble | Leave a comment