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Content solutions, such as sports trading cards, are significantly limited by theme and physical confines, meaning that the finite number of available solutions are predictable

Winston & Strawn LLP
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USA
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March 9 2010

On summary judgment, a district court found invalid as obvious two patents covering pieces of sports memorabilia items attached to trading cards

Trading Technologies, Int’l, Inc. v. eSpeed, Inc., 2008-1392, -1393, -1422 (Fed. Cir. Feb. 25, 2010)

Winston & Strawn LLP
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USA
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March 2 2010

For the "all elements" rule of the doctrine of equivalents, claim vitiation applies when there is a clear, substantial difference or a difference in kind, as opposed to a subtle difference in degree

Tivo, Inc. v. Echostar Corporation, et. al, 2009-1374 (Fed. Cir. March 4, 2010)

Winston & Strawn LLP
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USA
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March 9 2010

Following an order granting a permanent injunction, an infringer may still be held in contempt of that order despite good faith efforts to achieve a non-infringing design-around; and even if the infringer achieves a non-infringing design-around, it may still be held in contempt for failure to comply with the clear terms of the order

Federal courts have exclusive federal question jurisdiction over legal malpractice claims involving the prosecution of U.S. patent applications

Winston & Strawn LLP
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USA
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March 9 2010

A patent applicant filed suit against her patent prosecution attorney for negligently failing to file applications under the Patent Cooperation Treaty (which provides a unified procedure for filing a single patent application in multiple countries) and for various acts of negligence relating to the preparation and filing of U.S. patent applications

In re Andrew Chapman and David J. King, No. 2009-1270 (Fed. Cir. Feb. 24, 2010)

Winston & Strawn LLP
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USA
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March 2 2010

An obviousness determination may be called into question if the Board of Patent Appeals and Interferences did not appreciate the full scope of a cited prior art reference

Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc

Winston & Strawn LLP
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USA
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March 16 2010

When infringement is not at issue, a lawsuit for breach of know-how and patent license agreement does not arise under patent law

Ajinomoto Co., Inc. v. Int’l Trade Comm’n

Winston & Strawn LLP
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USA
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March 16 2010

While not every preference constitutes a best mode for purposes of 112, the preferred embodiment of the invention must be disclosed

In an interference proceeding, the board must interpret the copied claim in view of the originating disclosure for a written description challenge and in view of the host disclosure for a validity challenge based on prior art

Winston & Strawn LLP
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USA
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May 11 2010

The senior party provoked an interference with the junior party by copying the claims of the junior party’s patent into the senior party’s application

Although reluctant to exclude an embodiment, the court must “not allow the disclosed embodiment to outweigh the language of the claim, especially when the court’s construction is supported by the intrinsic evidence”

Winston & Strawn LLP
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USA
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May 11 2010

In a patent interference appeal, the district court construed the claim terms and found that the junior party’s patent did not overlap with, and was not obvious in light of the senior party’s application, and was therefore patentably distinct

In determining inequitable conduct, the withholding of a “highly material” reference alone is not sufficient to establish intent to deceive the Patent Office

Winston & Strawn LLP
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USA
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May 11 2010

The accused infringer alleged that patentee’s failure to disclose an article to the examiner rendered the patents unenforceable due to inequitable conduct