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Potential liability for marking products with patent numbers of expired patents

USA - June 17 2010 In Pequignot v. Solo Cup Co. , No. 2009-1547 (Fed. Cir. June 10, 2010), the Federal Circuit held for the first time that products marked with expired patent numbers are "unpatented" within the meaning of the statute and could be subject to false marking liability, but let Solo off the hook because it did not have the "intent to deceive" required by the statute.

Alicia M. Choi, Peter Flanagan, Keith Mullervy

Patenting research or preempting the future before it has arrived? Federal Circuit reaffirms written description requirement

USA - March 27 2010 The core intellectual property of many universities and advanced research centers may be significantly impacted by the Federal Circuit Court’s recent en banc decision in Ariad Pharmaceuticals Inc. v. MIT.

Alicia M. Choi, Peter Flanagan, Keith Mullervy

Tafas v. Doll and the US Patent and Trademark Office's final rules

USA - March 24 2009 On March 20, 2009 the Court of Appeals for the Federal Circuit (CAFC) issued its long-awaited decision in Tafas v. Doll, No. 2008-1352 (March 20, 2009).

Alicia M. Choi, Keith Mullervy