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Results: 1-10 of 505

Supreme Court reverses Federal Circuit, this time on obviousness

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2007

A unanimous U.S. Supreme Court criticized the application of the Federal Circuit’s “teaching, suggestion or motivation” (TSM) test for obviousness

The legend of the golden master lives on Supreme Court limits the reach of 271 (f)

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2007

Continuing a string of reversals of Federal Circuit decisions, the U.S. Supreme Court once again reversed the Federal Circuit in holding that under 35 U.S.C. 271 (f) software per se does not qualify as a “component” and that software copies created outside the United States from a master disk exported from the United States are “supplied” from the United States

The Patent Reform Act of 2007: patent reform legislation aims to harmonize the United States patent system

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2007

On May 16, 2007, Congress took a significant step towards revamping the United States patent system when a House subcommittee approved the latest patent reform bill for further review by the full Judiciary committee

A limitation in the dependent claim may imply a broad meaning of a claim term in the independent claim

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2007

The U.S. Court of Appeals for the Federal Circuit, in a claim-construction decision based on imposition of the often cited but seldom successful principle of claim differentiation, held that the claim term “intermediary” in the independent claim should be given broader interpretation than in a narrower, dependent claim

Exculpatory opinion of counsel not always a defense to willfulness

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2007

In determining that the claims were entitled to broad, plain meaning interpretation and that an opinion of counsel did not serve as an automatic “good faith” shield, the U. S. Court of Appeals for the Federal Circuit deferred to a jury’s finding of willful infringement

District court denies all challenges to FDA decision concerning rights to market and sell generic versions of Pfizer’s Norvasc

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2007

In a case involving generic versions of Pfizer’s high blood pressure drug Norvasc (amlodipine besylate) and the availability and applicability of both 180-day generic drug exclusivity and pediatric exclusivity the United States District Court for the District of Columbia denied all requests for preliminary injunction related to amlodipine besylate tablets and supported the U.S. Food and Drug Administration’s (FDA) position concerning Mylan’s current status as holder of the only approved Abbreviated New Drug Application (ANDA) for all strengths of this product

Claim construction and estoppel cut a wide path

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2007

The U.S. Court of Appeals for the Federal Circuit reversed a finding of literal infringement, finding an erroneous claim construction and that there could not be infringement under the doctrine of equivalents because of prosecution history estoppel

Product inherently anticipates process despite lack of disclosure on necessary conditions

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2007

Over a vigorous dissent that shed light on the Court’s divergent inherent anticipation jurisprudence, a panel majority of the U.S. Court of Appeals for the Federal Circuit affirmed a finding of invalidity based on anticipation by inherency

Court rejects copyright protection for computer program found lacking originality

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2007

A recent decision from the United States District Court for the Eastern District of Kentucky provides important guidance about the amount of creativity required to support copyright in a computer program and the nature of fair use in the context of interoperability

Federal Circuit enters the post-KSR obviousness era

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2007

With the Supreme Court decision in KSR v. Teleflex barely ten days old, the US Court of Appeals for the Federal Circuit looked to the “goal” of a claimed invention and held that the invention would have been obvious over a combination of references and the knowledge of one of skill in the art

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