Christopher D. Bayne

Oblon

Articles

Results 1 to 5 of 8
Most popular |Most recent


Federal Circuit Affirms that Litigation Misconduct May Serve as a Basis to Infer Specific Intent to Deceive the PTO

USA - July 28 2017 Under the Federal Circuit’s holding in Therasense, inequitable conduct has two separate requirements: “materiality” and “intent.” The materiality…

Board Affirms the use of Official Notice when Applicant fails to establish “Reasonable Doubt”

USA - July 7 2017 In some rare circumstances, it is permissible for a patent examiner to take “Official Notice” without providing documentary evidence in support of a…

Federal Circuit Holds that the America Invents Act (AIA) Does Not Override Section 1447(d)’s Bar on Review of Orders Remanding Patent Cases to State Court

USA - June 2 2017 When a law suit involving both state-law and patent-law causes of action is removed to federal court, allowing the federal court to simultaneously…

Federal Circuit Affirms Subject Matter Jurisdiction Despite Executed Covenant Not to Sue

USA - May 17 2017 A “covenant not to sue” is a legal agreement in which a party seeking damages agrees not to sue the party that it has a cause-of-action against. On…

Under the microscope: an in-depth look at the ‘on-sale bar’ under the Federal Circuit’s opinion in helsinn healthcare

USA - May 17 2017 In Helssin Healthcare the Federal Circuit reversed the trial court’s finding that four patents-in-suit (3 patents governed under pre-AIA, and 1…