Reducing Dosage; Patentable. Eliminating Dosage; Not Patentable
The Federal Circuit seems to be further confusing the already confused picture on the patenting of...
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Category: Litigation
Head in the Sand or Reasonable Business Practice on Willful Infringement?
Two Texas judges have come to different conclusions as to whether a refusal to read other parties’...
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Is the Federal Circuit Cutting Back Early Alice Decisions?
In a case recently decided by the Court of Appeals for the Federal Circuit (CAFC), the appeals court appears to announce procedural requirements that may cut down the usefulness of early dismissal motions under the Supreme Court’s landmark Alice Corporation case.
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Hear the Cannons Roar: Pirates, Copyright and the 11th Amendment
In a rare case invoking the original jurisdiction of the Supreme Court over individual states, a filmmaker is asking the U.S. Supreme Court to rule that he can sue North Carolina for using his footage of a famous pirate shipwreck…
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Printed Publications
Printed publications disclosing an invention, or an obvious variant, have long served as the basis...
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Patent Venue: Where Can I Sue?
Patent infringement has long been subject to a special venue (site of litigation) statute, 28...
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1.4 Billion Reasons to Watch Out for “and” vs. “or”
A very complex settlement agreement, with a bit of sloppy drafting, torpedoed a patent...
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Watch Your Client List!
When most companies think of trade secrets, they tend to think about the technical aspects of...
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A Good Tutorial on “Public Use” as a Bar to Patenting
35 U.S.C. (the patent statute) § 102(b)’s bans the patenting of inventions in “public use” in the...
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Copyright Isn’t Just for Art, Music and Literature
The Federal Circuit has revived a copyright suit (read here) over fabric designs for a second...
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Is Patent Enforcement Coming to Cannabis?
A patent for a liquid cannabinoid formulation has survived its first court challenge on the road...
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Two More Cleveland Clinic Medical Test Patents Fall; Where to Go from Here
The Federal Circuit has ruled two more Cleveland Clinic medical test (or “method”) patents...
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Corn Syrup in My Beer?
Were you as shocked as I was to see the new Bud Lite ads concerning corn syrup in Miller Lite’s...
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Trademark, Trade Name, Domain Name – the Differences Matter in Ohio
A recent Ohio Ninth Circuit Court of Appeals case, based on some convoluted facts and possibly...
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“Alice” Remains in Wonderland
In 2014, the Supreme Court, in Alice Corporation, Pty., Ltd. v. CLS Bank (read here), ruled that...
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Plaintiff Tides Up with $3M Verdict against Nestle Purina
An Illinois federal jury awarded $3 million in damages against Nestle Purina in a patent...
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