What types of process inventions are eligible for patent protection?
The Patent Statute defines patent eligible subject matter as any new and useful process, machine, manufacture and composition or improvement thereof. 35 U.S.C. § 101. Recently, the Federal Circuit (i.e., the appeals court for all patent matters) decided the case of In Re Bilski which clarifies the types of useful processes that are eligible for [...]
(No Ratings Yet)
Loading ...
Print This Post
WILLFULNESS; WAIVER OF ATTORNY-CLIENT PRIVILEGE AND WORK PRODUCT DOCTRINE
Under Underwater Devices Inc. v. Morrison-Knudsen Co., 717 F.2d 1380 (Fed. Cir. 1983), when a potential infringer has actual notice of another’s patent, the potential infringer had an affirmative duty to exercise due care to determine whether or not he is infringing. In In re Seagate Technology LLC, 83 USPQ2d 1865 (Fed. Cir. 2007) (en [...]
(No Ratings Yet) Loading ... Print This Post
Patentable Subject Matter
§ 101 of the patent act limits the grant of a patent to patentable subject matter. In the broadest sense of patentable subject matter, anything under the sun made by man is patentable subject matter. However, § 101 excludes from patentable subject matter abstract ideas such as mathematical algorithms unless the claim is presented in [...]
(No Ratings Yet) Loading ... Print This Post
- Posted in: Patent Eligible Subject Matter
- Continue Reading →
Doctrine of Equivalents – BINGO
In Planet Bingo LLC v. GameTech International Inc., 81 USPQ2d 1145 (Fed. Cir. 2006), the Federal Circuit upheld the District Court’s decision of non-infringement under the Doctrine of Equivalents because determining a winning combination after a first ball in a bingo game is drawn is substantially different from determining a winning combination before drawing the [...]
(No Ratings Yet) Loading ... Print This Post
- Posted in: Doctrine of Equivalents
- Continue Reading →
When is a limitation that does not use the operative term "means" still a means plus function limitation?
Massachusetts Institute of Technology (MIT) and Electronics for Imaging, Inc. (EFI) are the assignee and exclusive licensee of U.S. Pat. No. 4,500,919 (’919 Patent) which discloses a color processing system for producing copies of originals. The claims of the ’919 Patent contained two different limitations which do not recite the operative “means” term so as [...]
(No Ratings Yet) Loading ... Print This Post
- Posted in: means plus function
- Continue Reading →
Supreme Court Broadens Obviousness
Justice Kennedy writing for a unanimous Supreme Court, directed the Federal Circuit to broaden the test of obviousness under 35 U.S.C. § 103 back to its original framework as set out in Graham v. John Deere, Co. of Kansas City, 383 U.S. 1 (1966); Hotchkiss v. Greenwood, 11 HOW. 248 (1851); and its progeny. Before [...]
(No Ratings Yet) Loading ... Print This Post
- Posted in: Obviousness
- Continue Reading →
Utilizing Essential Elements and Recapture For Claim Construction
The invention of the patent-at-issue is directed to safety syringes which prevent or mitigates accidental needle prickings by medical professionals. On appeal, the patentee contended that the District Court’s claim construction of the terms “immediately”, “relative movement” and “slidably receiving” was in error. The District Court construed “immediately” to require the activation of a blocking [...]
(No Ratings Yet) Loading ... Print This Post
- Posted in: essential elements, recapture
- Continue Reading →
Process Claims Directed To New Purpose
In Bristol-Myers Squibb Co. v. Ben Venue Labs., Inc., 246 F.3d 1368 (Fed. Cir. 2001), Bristol-Myers patented a method of administering the drug Paclitaxel for antitumor purposes. A competing drug manufacturer (i.e., Ben Venue Labs, Inc.) challenged the validity of the patent based on a prior art reference by Kris which disclosed the method of [...]
(No Ratings Yet) Loading ... Print This Post
- Posted in: Patent Eligible Subject Matter
- Continue Reading →
PATENTS – MARKING
Under 35 U.S.C. 287(a), patentees must give constructive notice to the public by indicating on the product or associated documentation the word “patent” or “pat.” together with the number of the patent. If marking on the product is not possible, then such marking may be provided on the associated packaging or label. Otherwise, damages for [...]
(No Ratings Yet) Loading ... Print This Post
- Posted in: patent marking
- Continue Reading →
Transitional Phrases – Claim Construction
On August 17, 2006, the Federal Circuit decided Conoco, Inc., et al. v. Energy & Environmental International, L.C., et al., Fed. Cir., No. 05-1363, 8/17/06. The patent in suit relates to a drag reducing agents injected into oil and gas pipelines such that more liquid may be pumped more efficiently. The claim recited a process [...]
(No Ratings Yet) Loading ... Print This Post
- Posted in: claim construction
- Continue Reading →
