-
Join 670 other subscribers
-
Recent Posts
- DC ineligibility (section 101) decisions based on claims being “solely directed to non-functional printed matter” reversed as “they were also directed to ‘the means by which that information is conveyed”
- DC dismissal of IPR institution decision action affirmed, reversed as to Apple’s improper USPTO rule-making argument
- Board finding of no obviousness reversed under “known-technique” motivation to combine rationale
- Board finding of no written description of genus claims in priority applications and anticipation affirmed
- IPR decision of no obviousness vacated and remanded for “fundamental legal error in defining the combination it was evaluating”
Recent Comments
Categories
- America Invents Act
- Analgous Art
- Anticipation (35 USC 102)
- Antitrust
- Appeal
- Arbitration
- Article III disputes
- Assignment / Ownership
- Attorney's Fees
- Bankruptcy
- Best mode
- Biosimilars
- Business methods
- Certificate of Correction
- Claim
- Claim Construction
- Claim Differentiation
- Claim Preclusion
- Claim Vitiation
- Collateral estoppel
- comprising
- Conception and Reduction to Practice
- consisting of
- Contributory Infringement
- Copyright
- Covered Business Method Reviews
- Damages
- Derivation of Invention
- Design Patents
- Diligence
- Disclaimers
- Discovery
- Doctrine of equivalents
- Double Patenting
- Enablement
- Equitable estoppel
- Exhaustion and Repair
- Experimental Use
- Expert Testimony
- Extension (156)
- False Marking
- Functional limitations
- Generics / ANDA
- Importation
- Incorporation by Reference
- Indefiniteness
- Inducement to Infringe
- Inequitable Conduct
- Infringement
- Inherency
- Injunction
- Inter Parties Review (IPR)
- Interference
- International Trade Commission
- Intervening Rights
- Inventorship
- IPR
- Issue Preclusion
- Jurisdiction
- Laches
- Licensing
- Lost Profits
- Malpractice
- Markush
- Means-plus-function
- Medical Devices
- Method claims
- Negative Limitations
- Obviousness
- Obviousness (Secondary Considerations)
- Obviousness-Teaching Away
- On-Sale Bar
- Patent Eligibility (101)
- Patent Exhaustion
- Patent Marking
- Patent Prosecution
- Patent Term Adjustment (PTA)
- Patent Term Extension
- Patentability
- Post-grant review
- Preamble
- Priority
- Privilege
- Procedural Issues
- Product-by-Process
- Prosecution History Estoppel
- Public Accessibility
- Public Use
- Reexamination
- Reissue
- Royalties
- Safe Harbor, FDA exemptions (271(e)(1))
- Section 101 (see also Patentability)
- Software
- State Sovereignty
- Summary Judgment
- Terminal Disclaimers
- Trade Dress
- Trade Secret
- Trademarks
- U.S. Supreme Court
- Uncategorized
- Unenforceability
- Unjust enrichment
- Utility
- Venue
- Wherein
- Willfullness
- Written description
Archives
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- July 2011
- February 2011
- January 2011
Meta
- Anticipation (35 USC 102) Appeal Article III disputes Assignment / Ownership Attorney's Fees Claim Construction Claim Differentiation Damages Doctrine of equivalents Enablement Generics / ANDA Indefiniteness Inducement to Infringe Infringement Inter Parties Review (IPR) Inventorship IPR Licensing Means-plus-function Obviousness Obviousness-Teaching Away Patentability Patent Eligibility (101) Prosecution History Estoppel Reexamination Software Trademarks Uncategorized Willfullness Written description
Copyright Notice
© Patrick J. Halloran, Ph.D., J.D. and lifescienceip.wordpress.com, [2011-2017]. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Patrick J. Halloran, Ph.D., J.D. and lifescienceip.wordpress.com with appropriate and specific direction to the original content.
Category Archives: Functional limitations
ITC decision of non-infringement of functional/capability-type computer claims affirmed; decision as to expired patent found moot
INVT SPE LLC v. Int. Trade Commission (ITC), HTC America, Inc. et al. (Intervenor) Docket No. 2020-1903 (https://cafc.uscourts.gov/opinions-orders/20-1903.OPINION.8-31-2022_1997811.pdf) NEWMAN, TARANTO, CHEN August 31, 2022 Brief Summary: ITC decision finding no infringement of functional computer claims affirmed; decision regarding expired … Continue reading
Persion’s Zohydro ER claims invalid for obviousness and lack of written description (“inherently result in the claimed [PK] parameters”, functional limitations too broad)
Persion Pharmaceuticals LLC v. Alvogen Malta Operations Ltd. Docket Nos. 2018-2361 O’MALLEY, REYNA, CHEN December 27, 2019 Brief Summary: DC findings of invalidity of Persion’s hepatic insufficiency claims related to Zohydro ER for obviousness and no WD affirmed. Summary: Persion … Continue reading
Board construction of “wherein” clause affirmed; remanded for review of non-instituted grounds
Alere, Inc. v. Rembrandt Diagnostics, LP Docket Nos. 2018-1812 (IPR2016-01502) NEWMAN, DYK, REYNA October 29, 2019 Non-Precedential Brief Summary: Board’s claim construction of the “wherein” clause affirmed; decision remanded for consideration of non-instituted grounds. Summary: Alere appealed Board IPR final … Continue reading
Senju Pharmaceutical Co., Ltd. et al. v. Lupin Limited et al.
Docket No. 2013-1630 NEWMAN, PLAGER, MOORE March 20, 2015 Brief Summary: DC finding Senju’s reexamined composition and method claims relating to gatifloxacin eye drops with added EDTA would have been obvious affirmed. Summary: This case relates to a generic gatifloxacin … Continue reading
Ferring B.V. v. Watson Labs. and Apotex, Inc. et al.
Docket No. 2014-1416 LOURIE, DYK, REYNA August 22, 2014 Brief Summary: DC decision that Ferring’s claims were not obvious affirmed because “critical dissolution limitations” not taught or suggested by prior art. And infringement by “final, coated commercial…tablets” was not shown. … Continue reading
Abbvie Deutschland GmbH & Co., KG, et al. v. Janssen Biotech, Inc. and Centocor Biologics, LLC Janssen Biotech, Inc. v. Abvie Deutschland GmbH & Co., KG
Docket Nos. 2013-1338, -1346 LOURIE, O’MALLEY(c), CHEN July 1, 2014 Brief Summary: DC decision invalidating AbbVie’s patents regarding human antibodies for neutralizing human IL-12 affirmed for lack of written description (functional genus claims not supported by representative species). Summary: AbbVie … Continue reading
Bayer Cropscience AG v. Dow Agrosciences LLC
Docket No. 2013-1002 PROST, BRYSON, TARANTO (Circuit Judge) September 3, 2013 Brief summary: Bayer’s functional language was held to limit claims. Summary: Bayer appealed DC finding of no infringement of its US Patent No. 6,153,401 relating to herbicide-resistant plants. The … Continue reading
The C.W. Zumbiel Company, Inc. v. David J. Kappos et al.
Docket No. 2011-1332, -1333 (Reexamination No. 95/000,077) PROST (d), MOORE, WALLACH December 27, 2012 Brief summary: Certain claims of patent directed to cartons and boxes for holding containers (e.g., beverage cans) found obvious as predictable variations of or disclosed by … Continue reading
Posted in Functional limitations, Obviousness, Preamble
Leave a comment
Federal Circuit summaries 