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What Constitutes a “Commercial Offer” to Trigger the On-Sale Bar?

USA - May 18 2016 The on-sale bar defense under 35 U.S.C. § 102(b) remains a topic of interest for the Federal Circuit. For example, the Federal Circuit, en banc, is…

Alan B. Clement.

New Life for Vitiation as a Defense to Doctrine of Equivalents Infringement

USA - February 9 2016 The doctrine of claim vitiation prevents application of the doctrine of equivalents in a way that would completely eliminate a claim element -i.e…

Alan B. Clement, Sana Nadeem.

PTAB Panel that Institutes an IPR May Also Render Final Decision on the Merits in that IPR

USA - February 2 2016 On January 13, 2015, the Federal Circuit held that there is no violation of due process rights when the Patent Trials and Appeals Board (PTAB) panel…

Myoka Kim Goodin, Zhibin Li.

A Stay of Litigation Pending IPR Does Not Provide a Basis For Extending 30-Stay of FDA ANDA Approval

USA - January 12 2016 On December 11, 2015, the United States District Court for the Southern District of Indiana granted a motion to stay a Hatch-Waxman litigation…

Alan B. Clement, Sana Nadeem.

Expert Testimony Must “Connect the Dots” When Presenting Arguments Using Different Language From the Claims

USA - January 5 2016 On May 28, 2015, we reported on the Supreme Court's decision in Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (2015) which reversed the…

Alan B. Clement.