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).

Public Use 69

Public Use Invention Technology Patent 69

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. What is the right of prior use or “pre-use”? What prerogatives does the right to prior use grant?

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed. Compare D.L.

Patent 40

Patent Invention Inventor Patent Application 40

Patently-O

OCTOBER 4, 2022

1962), decided by the Court of Customs and Patent Appeals (the predecessor of the Federal Circuit) in 1962, provides an example in which the court holds that prior art disclosing a genus of 20 chemical compounds anticipated a species falling within that genus. Mylan petitioned for inter partes review (IPR) of a number of patent claims of U.S.

Art 73

Art Patent Marketing Marketing 73

Patently-O

APRIL 6, 2023

Copyright infringement appeals are ordinarily not heard by the Federal Circuit, but in a case of what appears to be appellate-forum shopping, SAS had also included patent infringement allegations that they eventually stopped pursuing. The copyright case is not about copying code.

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

SpicyIP

AUGUST 15, 2021

The injunction was sought with respect to FMC’s patents relating to Chlorantraniliprole (‘CTPR’), a product used for making insecticides. This injunction plea came about as the defendant sought to launch a CTPR product which according to FMC would infringe its patents. Both these patents expire in August 2022.

Invention 52

Invention Patent Publishing Patent Infringement 52

LexBlog IP

JANUARY 5, 2022

And, it goes like this–the relevant concept in the United States is that a person shall “ no[t] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” 14 Landslide 30 (No. Wright , 94 U.S. ”); James v. 2d 480 (Fed.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52