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USA - October 10 2012
On Tuesday of last week, the Federal Circuit held that a party bringing a request for inter-partes reexamination may not appeal a decision by the Director of the U.S. Patent and Trademark Office that certain prior art does not raise a substantial new question of patentability.
USA - September 20 2012
On August 31, 2012, the Federal Circuit, sitting en banc, issued a seminal, split decision articulating a new standard for induced infringement.
USA - August 17 2012
A three judge panel (Lourie*, Prost, Wallach) of the Federal Circuit recently handed down the Federal Circuit’s second decision in a month on patent eligibility under 35 U.S.C. §101.
USA - July 23 2012
In Thorner v. Sony Computer Entertainment America, LLC, 669 F.3d 1362 (Fed. Cir. 2012) (Moore, Rader & Aiken (D. Or. sitting by designation)), the Federal Circuit explained that, under Phillips, a claim term is given its ordinary and customary meaning as understood by a person of ordinary skill in the art except under one of the following two circumstances: (1) the patentee acted as his own lexicographer and clearly demonstrated his intent to redefine the term; or (2) the patentee clearly disavowed the scope of the claim either in the specification or during prosecution.
USA - July 17 2012
On July 9, 2012, a three-judge panel of the Federal Circuit in CLS Bank International v. Alice Corporation ("CLS Bank"), decided a case of patent eligibility under 35 U.S.C. § 101.
