The Takings Clause of the Fifth Amendment states that private property “shall not be taken for public use, without just compensation.” Intellectual property rights – patents, trademarks, copyrights,...
Many cases have been heard before the Court of Appeals for the Federal Circuit dealing with substantive patent issues, like questions involving anticipation under 35 U.S.C. §102, obviousness under 35...
Source: U.S. Patent No. 5,859,601, Jan. 12, 1999, to Jaekyun Moon & Barrett J. Brickner (inventors); Regents of the University of Minnesota (assignee) On June 14, 2019, the Court of Appeals for the...
On June 10, 2019, the U.S. Supreme Court overturned the Court of Appeals for the Federal Circuit in Return Mail, Inc. v. United States Postal Service, in which the Court held that the Government was...
Sometimes substantive patent issues are never dealt with in cases, but rather dispositive issues are handled by procedural mechanisms. One case in point is Momenta Pharms., Inc. v. Bristol-Myers...
Two cases decided recently by the Court of Appeals for the Federal Circuit discuss the oft-problematic area of 35 U.S.C. §103, or the nonobviousness requirement. This is the second case, Realtime...
Two cases decided recently by the Court of Appeals for the Federal Circuit discuss the oft-problematic area of 35 U.S.C. §103, or the nonobviousness requirement. AC Technologies S.A. v. Amazon.com,...
On October 11, 2018, the USPTO published in the Federal Register a rule change, 83 F.R. 51340, to take effect today, November 13, 2018. For all AIA post-grant petitions (IPRs, PGRs, and CBMs) filed...
The Patent Trial and Appeal Board (PTAB) seems to have bungled an obviousness analysis (again), and was dinged by the Court of Appeals for the Federal Circuit in E.I. DuPont de Nemours v. Synvina...
An interesting question has been presented to the U.S. Supreme Court when it granted a writ of certiorari on October 26, 2018. That is, is the United States Government, through one of its agencies,...