The Enablement Requirement Requires More Than Just “Two Research Assignments,” says SCOTUS
On May 18, 2023, the U.S. Supreme Court released its long-awaited decision in Amgen Inc. v. Sanofi, which touches on a formal requirement for patentability, the enablement requirement. In a...
Fed Circuit Watch: Enabling Scope of Design Patent Claims Expands – Greatly
In a potentially ground-breaking decision in design patent prosecution, the Court of Appeals for the Federal Circuit handed down In re Maatita, on August 20, 2018. The facts are as follows. Ron...
Fed Circuit Watch: Dropped Priority Claim Invalidates Patent
On April 19, 2018, the Court of Appeals for the Federal Circuit handed down Droplets, Inc. v. E\Trade Bank*, in a case dealing with the formal issue of preparing a proper claim of priority in the...
Fed Circuit Watch: Written Description From Earlier-Filed PCT with Species Claim Sufficient Support for Later-Filed Genus Claim
On March 14, 2018, the Court of Appeals for the Federal Circuit ruled on Hologic, Inc. v. Smith & Nephew, Inc., which deals with many areas in patents, including foreign applications, priority...
Fed Circuit Watch: PTAB Not Bound by Fed Circuit Precedent
On March 1, 2018, in a fairly convoluted and highly fractured decision, the Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) was not bound to collateral...
Fed Circuit Watch: Another §101 Decision, Different Rationale, May Signal Future Changes to Patent-Eligibility Analysis
As of February 14, 2018, at last count, there have been six substantive opinions rendered by the Court of Appeals for the Federal Circuit relating to 35 U.S.C. §101, creating an unusually large body...
McAward as Precedential and Lower Standard for Indefiniteness During Prosecution
Way back on August 25, 2017, the U.S. Patent and Trademark Office designated Ex parte McAward as precedential authority for defining the USPTO and the PTAB’s policy on assessing indefiniteness as...
No posts found
Try adjusting your filters