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New rules for design patent infringement

Edwards Wildman Palmer LLP
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USA
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May 7 2009

In a unanimous en banc decision, the Federal Circuit ruled that the test that views design patent infringement from the perspective of the “ordinary observer” is the sole test for determining whether the patent has been infringed

Federal Circuit upholds significant fee award stemming from “baseless” invalidity claims

Edwards Wildman Palmer LLP
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USA
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May 7 2009

In one of the most significant rulings on attorneys fees in patent litigation, the Federal Circuit affirmed a $16.8 million attorneys’ fee award for Takeda Chemical Industries Ltd., the manufacturer of Actos, a market leader in the treatment of Type 2 diabetes

Patentable subject matter for business methods clarified

Edwards Wildman Palmer LLP
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USA
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May 7 2009

The Federal Circuit, affirming a decision by the Board of Patent Appeals and Interferences, clarified what constitutes eligible subject matter under a method patent

Combining claims from separate references obvious to try under KSR

Edwards Wildman Palmer LLP
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USA
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May 7 2009

A patent claim on a candle holder was obvious in light of two prior art references whose combination was “obvious to try” under the U.S. Supreme Court’s recent decision in KSR Int’l Co. v. Teleflex Inc., the Federal Circuit held

Federal Circuit vacates decision regarding PTO rulemaking authority

Edwards Wildman Palmer LLP
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USA
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October 20 2009

The Federal Circuit recently vacated and granted a rehearing in an earlier, closely-followed decision holding that a certain set of rules regarding patent applications are procedural, and so therefore were within the authority of the Patent and Trademark Office

Rules for transferring cases clarified

Edwards Wildman Palmer LLP
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USA
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October 20 2009

In two separate opinions, the Federal Circuit clarified the rules for transferring cases from the Eastern District of Texas, which has become known as a patentee-friendly forum

Covenant not to sue equals authorization to sell

Edwards Wildman Palmer LLP
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USA
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October 20 2009

When parties to a settlement agreement engaged in an infringement dispute, the Federal Circuit found that the patentee’s covenant not to sue in the agreement authorized all acts that would otherwise constitute infringement

Infringement conflict for product-by process claims resolved

Edwards Wildman Palmer LLP
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USA
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October 20 2009

In a consolidated case on appeal from two separate jurisdictions, the Federal Circuit overruled an earlier decision to resolve a conflict regarding product-byprocess infringement claims