Feb 201424

February 2014 Patent Prosecution Lunch Presentation

In this month’s Prosecution Practice Group Luncheon we reviewed the recent Federal Circuit opinions in Medtronic CoreValve LLC vs. Edwards Lifesciences Corp. (Jan. 22, 2014) and Novartis AG v. Lee (Jan. 15, 2014). The Medtronic case addressed priority claim interpretation and, in particular, provided a case study on how failing to recite every prior application in a priority claim can result in a loss of priority and potentially render one or more of the patent’s claims invalid. In Novartis, the Federal Circuit addressed a question concerning the calculation of patent term adjustment. Specifically, the court held that any time consumed by an RCE is excluded regardless of when the RCE is filed (i.e., the RCE does not have to be filed within three years of the filing date of the application). This month’s luncheon also discussed the USPTO’s proposed rule change that would require the “attributable owner” of a patent application or patent to be provided to the USPTO. You can download the presentation here.