IP Watchdog
FEBRUARY 15, 2023
Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued a precedential opinion clarifying the requirements for the disclosure of technology that is ready for patenting at a public event to qualify as being “in public use” for purposes of the pre-America Invents Act (AIA) public use bar under 35 USC 102(b).
Patently-O
FEBRUARY 26, 2023
What is it that makes a use “public” for purposes of the public use bar? Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Or does it matter whether the use is itself in public, as opposed to taking place in secret behind closed doors?
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Patently-O
JANUARY 17, 2022
Deepsouth litigated its case to the Supreme Court, and the Court eventually allowed the company to escape some portion of its adjudged liability based upon the territorial limits of U.S. No such signal legitimizes respondent’s position in this litigation.”. patent law. Deepsouth at 531.
Fish & Richardson Trademark & Copyright Thoughts
OCTOBER 5, 2022
Counterclaims and post-grant review are deemed independent, leaving the third party free to pursue concurrent invalidity counterclaims and district court litigation regardless of timing. Also, post-grant review contemplates several litigation-like aspects, such as limited discovery, protective orders, and settlement.
Patently-O
OCTOBER 4, 2022
Bear in mind that in patent infringement litigation the accused infringer (e.g., public use or on-sale events) and grounds for invalidation (e.g., The case is being appealed to the Federal Circuit, and it will be interesting to see what happens if that appeal results in a decision. Mylan) is able to rely on prior art (e.g.,
43(B)log
NOVEMBER 19, 2021
This designation did not indicate that Valtoco was safe or effective for public use but, instead, operated to qualify Neurelis for various development incentives, like tax credits and potential exclusivity for seven years if the FDA ultimately approved Valtoco.” What about statements in the citizen petition/statements to investors?
IP Tech Blog
FEBRUARY 9, 2022
The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”
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