Mark Kachner
Knobbe Martens
Articles
Not a cowboy claim construction, university of Wyoming’s patent adequately defined claim term
USA - November 4 2020 Intrinsic evidence is sufficient support for claim construction in an interference proceeding. In an interference proce…
Skinny Labelling on Generic Drugs Does Not Avoid Induced Infringement of Patents Covering Non-Indicated Uses
USA - October 5 2020 Evidence of inducement for a method of administering a drug is not limited to the indications of use on a generic drug label. Promoting a generic…
Government’s Pre-Litigation Conduct Cannot Justify a Court of Claims Fee Award
USA - August 4 2020 Summary: A Court of Claims fee award under 28 U.S.C. § 1498(a), turns on whether the Government’s litigation conduct was substantially justified…
Limiting Terms in Preamble May Render Entire Preamble Limiting
USA - August 4 2020 Summary: Where elements of preamble are limiting, indivisible terms in the remainder of the preamble are also limiting; under balance of hardships…
Claims Covering Human Engineering That Exploits a Naturally-Occurring Phenomenon Are Patent Eligible
USA - August 4 2020 Illumina sued Ariosa Diagnostics for patent infringement on methods of extracting fetal DNA from blood, based on the size difference between fetal…
