Tag: Patent Law
Patent Board Reversed: Motivation for Obviousness Doesn’t Have to Match Inventor’s Reason
January 2, 2025
Honeywell Int’l Inc. v. 3G Licensing, S.A. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit reversed the Patent Trial and Appeal Board’s (PTAB) finding that claims of U.S. Patent No. 7,319,718 were not obvious. The patent,…
Read MoreA “Quotation” Can Trigger the On-Sale Bar: Federal Circuit Invalidates Crown Packaging Patents
December 10, 2024
Crown Packaging Tech., Inc. v. Belvac Prod. Mach., Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified how easily a patent can be invalidated under the “on-sale bar” rule, even when the supposed “offer” is…
Read MorePatent Damages and Willfulness Standards Tightened in Food Machinery Patent Dispute
October 2, 2024
Provisur Techs., Inc. v. Weber, Inc Authored by: Jeremy J. Gustrowsky A recent appellate decision has clarified several important issues in patent law, particularly around proving infringement, willful infringement, and calculating damages. The case involved Provisur Technologies, Inc., which owns…
Read MoreFederal Circuit Admonishes District Court for Deciding Patent Eligibility Issue That Neither Party Raised
September 18, 2024
Astellas Pharma, Inc. v. Sandoz Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit vacated a district court ruling that had invalidated key claims of Astellas Pharma’s patent for its overactive bladder drug, Myrbetriq® (U.S. Patent…
Read MoreFederal Circuit Affirms: Video-On-Demand Guide Patents Fail Under Section 101
September 3, 2024
Broadband iTV, Inc. v. Amazon.Com, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that several patents owned by Broadband iTV, Inc. covering electronic program guides for video-on-demand systems are not eligible for patent protection…
Read MoreSecret Process Sales Still Trigger On-Sale Bar Under the AIA, Says Federal Circuit
August 12, 2024
Celanese Int’l Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners and applicants, the Federal Circuit has reaffirmed that selling products made by a secret process before filing for a patent can…
Read MorePrivate Sales Don’t Count as “Public Disclosure” to Block Patent Prior Art
July 31, 2024
Sanho Corp. v. Kaijet Tech. Int’l Ltd Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision clarifies an important rule for inventors: selling your invention privately—even without a confidentiality agreement—does not count as “publicly disclosing” it for the purposes…
Read MorePatent Office Estoppel Rule Survives Challenge, But Its Reach Is Limited
July 26, 2024
SoftView LLC v. Apple Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit clarified how far the Patent Office can go in preventing patent owners from reclaiming lost ground after losing claims in an inter partes…
Read MorePatent Claims for Background Check Software Found Ineligible
July 18, 2024
Miller Mendel, Inc. v. City of Anna Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that certain patent claims covering a software system for managing pre-employment background checks are not eligible for patent protection. Miller…
Read MoreRemote Gambling Patent Claims Dealt a Loss Under Patent Eligibility Rules
June 21, 2024
Beteiro, LLC v. Draftkings Inc. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the dismissal of several patent infringement lawsuits brought by Beteiro, LLC against major online gambling companies like DraftKings, BetMGM, and others. Beteiro…
Read MorePatent Time Limits: When Amending Claims Can Cost You the Patent
May 23, 2024
Speck v. Bates Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights the importance of timing and claim amendments in patent interference proceedings. The dispute centered on a drug-coated balloon catheter, with Ulrich Speck and Bruno Scheller challenging…
Read MoreFederal Circuit Overhauls Design Patent Obviousness Test, Making It Easier to Challenge Patents
May 21, 2024
LKQ Corp. v. GM Glob. Tech. Operations LLC Authored by: Jeremy J. Gustrowsky In a major shift for design patent law, the Federal Circuit has thrown out the long-standing Rosen-Durling test, which made it difficult to challenge the validity of…
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