En banc Federal Circuit reaffirms written description requirement is separate from enablement Monday the Federal Circuit released its en banc opinion in Ariad Pharmaceuticals, Inc. v. Eli Lily & Co., where the court addressed whether 35 U.S.C. § 112 has a written description requirement separate and apart from the enablement requirement. A substantial majority of the court (10 judges) joined in the majority opinion, with two judges […] Continue Reading →
False marking applies on a per article basis, not a per decision to mark basis In Forest Group v. Bon Tool Co., the Federal Circuit held that the false marking statute applies on a per article basis, rather than on a per decision to mark basis. The Federal Circuit reversed the district court, which had imposed a fine of $500 for a single decision to falsely mark a shipment of […] Continue Reading →
Patented method of traffic detection not infringed In an opinion released in July last year, the Court of Appeals for the Federal Circuit issued a ruling in the case of Wavetronix v. EIS Electronic Integrated Systems. This case involved a traffic monitoring system that had been patented by Wavetronix, and EIS had received summary judgment for noninfringement of the Wavetronix patent at […] Continue Reading →
Supreme Court: Registration requirement of 411(a) not jurisdictional for copyright claims Today the Supreme Court decided Reed Elsevier, Inc. v. Muchnick, a case regarding whether the registration requirement of 17 U.S.C. § 411(a) is jurisdictional or a claim processing rule. The Court held the requirement to be nonjurisdictional. The case involves a class action for copyright infringement by freelance journalists based on republication of works in […] Continue Reading →