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Court must consider patent owner’s remedies in terms of future infringements

McDermott Will & Emery
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USA
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September 28 2012

Criticizing the denial of a prevailing patentee’s requests for relief from future infringement, the U.S. Court of Appeals for the Federal Circuit listed possible equitable relief available to patentees to be considered

Computer-implemented 112 6 claims require a disclosed algorithm

McDermott Will & Emery
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USA
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April 30 2012

Further disincentivizing the use of means-plus-function claim elements in software patents, the U.S. Court of Appeals for the Federal Circuit upheld an indefiniteness ruling, concluding that the specification in issue failed to disclose an algorithm to perform all of the functions assigned to the means-plus-function element

Adding “computer” to software method does not make it patentable

McDermott Will & Emery
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USA
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February 29 2012

Adding to the recent string of subject-matter eligibility patentability cases (35 U.S.C. 101), the U.S. Court of Appeals for the Federal Circuit upheld the invalidation of an invention directed to automating credit applications for car loans

Trade secret or patent, not both

McDermott Will & Emery
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USA
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November 30 2011

Delineating patent protection from trade secret protection with reference to the same accused product, the U.S. Court of Appeals for the Federal Circuit upheld a finding of lack of written description support while also finding misappropriation of valid trade secret

Unclaimed feature not limiting, even when required to practice claims

McDermott Will & Emery
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USA
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October 31 2011

Again remanding a case based on claim construction, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s narrow claim construction finding that it impermissibly narrowed the claim by importation of limitations from the specification

NTP patents revisited

McDermott Will & Emery
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USA
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August 31 2011

In two opinions deciding eight reexamination appeals, the U.S. Court of Appeals for the Federal Circuit blessed the U.S. Patent and Trademark Office’s (USPTO’s) 112 review of originally issued claims appurtenant to a review of a priority claim but vacated what it considered to be an overbroad claim construction even under the “broadest reasonable interpretation” standard

Patent exhaustion still applies when licensees fail to pay royalties

McDermott Will & Emery
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USA
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June 30 2011

The U.S. Court of Appeals for the Federal Circuit has concluded that patent rights are exhausted even when the licensor has not received royalties under a patent license

Analogous art must address the entire problem solved by the patent

McDermott Will & Emery
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USA
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June 30 2011

The U.S. Court of Appeals for the Federal Circuit has interpreted the analogous art doctrine narrowly in an obviousness analysis, concluding that all the art relied on by the U.S. Patent and Trademark Office (USPTO) was non-analogous art with respect to the claimed invention

Patent Reform Act of 2011

McDermott Will & Emery
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USA
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February 28 2011

On February 3, the Senate Judiciary Committee approved and reported the Patent Reform Act of 2011, recommending modifications that would impact the first-to-invent system, courts' damages procedures and third party participation in U.S. Patent and Trademark Office (USPTO) proceedings

Take it to France: case should not be in the United States

McDermott Will & Emery
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USA
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November 30 2010

Applying the doctrine of forum non conveniens, the U.S. Court of Appeals for the Third Circuit upheld a district court’s case dismissal in favor of litigating in France