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Results: 1-10 of 64

A patentee “cannot simply rely on the knowledge of a person of ordinary skill in the art to serve as a substitute for the missing information in the specification” required to provide an adequate enabling disclosure
  • Winston & Strawn LLP
  • USA
  • May 5 2010

The patent-in-suit was directed to an extended release formulation of methylphenidate (“MPH”) for the treatment of Attention Deficit and Hyperactivity Disorder (“ADHD”


For purposes of determining inequitable conduct, “substantive involvement” in the preparation or prosecution of a patent application means that the involvement relates to the content of the application or decisions related thereto
  • Winston & Strawn LLP
  • USA
  • May 5 2010

The patent-in-suit was directed to a multi-mode radio-frequency identification system for reading encoded biocompatible chips


A courts inherent power to award attorney's fees should be reserved for cases in which the conduct of the party or an attorney is egregious and no other basis for sanctions exists
  • Winston & Strawn LLP
  • USA
  • May 5 2010

Following a jurys finding of infringement, the district court granted defendants' motion for judgment as a matter of law (“JMOL”) on non-infringement and granted defendants' petition seeking attorneys fees and expenses


Novo Nordisk AS v Caraco Pharm. Labs., Ltd
  • Winston & Strawn LLP
  • USA
  • April 23 2010

The Hatch-Waxman Act only authorizes a counterclaim to correct or delete a patent number or expiration date listed in the FDA Orange Book; an ANDA defendant does not have standing to challenge any other listed information, including the use code description


The broadest reasonable construction of claim terms must be consistent with the specification and the claim language as read in light of the specification
  • Winston & Strawn LLP
  • USA
  • April 27 2010

The patent claimed a floor finishing material for athletic surfaces and other floors “comprising” certain elements


SiRF Technology, Inc. v. ITC
  • Winston & Strawn LLP
  • USA
  • April 23 2010

The International Trade Commission ("ITC") issued an exclusion and cease and desist order on importation of certain Global Positioning System ("GPS") devices and products after finding that the devices and products infringed certain patents


MBO Labs., Inc. v. Becton, Dickinson & Co
  • Winston & Strawn LLP
  • USA
  • April 23 2010

A patentee may violate the rule against recapture by claiming subject matter in a reissue patent that the patentee surrendered while prosecuting a related patent application



The standard to evaluate the sufficiency of incorporation by reference language in the patent specification is whether the identity of the incorporated reference is clear to a reasonable examiner in light of the documents presented
  • Winston & Strawn LLP
  • USA
  • April 27 2010

A patent applicant involved in a patent interference proceeding appealed a finding by the Board of Patent Appeals and Interferences (“Board”) that the claims of its present ‘880 application were unpatentable for lack of written description


Enzo Biochem, Inc. v. Applera Corp
  • Winston & Strawn LLP
  • USA
  • April 6 2010

Claims are not indefinite if the intrinsic evidence provides a general guideline and examples sufficient to enable a person of ordinary skill in the art to determine the scope of the claims, even if some experimentation is required