Fed Circuit Watch: Pre-Critical Date Surgeries Not Invalidating Public Uses

102 fed circuit watch patent pre-AIA public use

In the first split precedential decision of 2019 by the Court of Appeals for the Federal Circuit, the Fed Circuit assessed the issues of invalidating public disclosure versus an inventor’s exception to experimentally perfect an invention for its intended purpose.  That case, Barry v. Medtronic, Inc.,[1] decided on January 24, 2019, split heavily because of …

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SCOTUS Watch: On-Sale Bar Still Valid Under AIA

102 AIA on-sale bar patent pre-AIA scotus watch

On January 22, 2019, the United States Supreme Court handed down a highly anticipated ruling that has caused measurable discrepancies amongst the patent community after the America Invents Act (AIA) was enacted.  That ruling, Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc.,[1] held that the on-sale bar applies to confidential sales more than one year …

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SCOTUS Watch: Challenge to Secret AIA On-Sale Bar as Helsinn Granted Certiorari

102 AIA fed circuit watch on-sale bar patent pre-AIA scotus watch

On June 25, 2018, the United States Supreme Court granted the petition for writ of certiorari requested by Helsinn Healthcare S.A.  In the appellate case which had been winding its way through the federal courts, Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.,[1] the Court of Appeals for the Federal Circuit ruled against Helsinn in …

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Fed Circuit Watch: Swearing Behind Must be Supported by Sufficient Evidence

102 fed circuit watch patent pre-AIA swearing behind

On April 17, 2018, the Court of Appeals for the Federal Circuit held in Apator Miitors ApS v. Kamstrup A/S,[1] that in order for a patent assignee to swear behind a reference by antedating its own conception, it must do so by more than just merely providing the inventor’s statement of conception. The facts are …

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Fed Circuit Watch: Written Description From Earlier-Filed PCT with Species Claim Sufficient Support for Later-Filed Genus Claim

102 112 fed circuit watch patent PCT pre-AIA priority Written Description

On March 14, 2018, the Court of Appeals for the Federal Circuit ruled on Hologic, Inc. v. Smith & Nephew, Inc.,[1] which deals with many areas in patents, including foreign applications, priority claims, 35 U.S.C. §103, 35 U.S.C. §112, and pre-AIA treatment for examination.  This case was heard before a panel composing of Judges Newman, …

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Fed Circuit Watch: Helsinn and the On-Sale Bar

102 AIA on-sale bar patent pre-AIA

By Brent T. Yonehara On May 1, 2017, the Federal Circuit Court of Appeals decided Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 2016-1284, 2016-1787 (Fed. Cir. 2017), holding that the on-sale bar of pre-AIA 35 U.S.C. § 102(b) invalidated four patents held by Helsinn, for treatment of chemotherapy-induced nausea and vomiting (CINV). The patents …

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