Court Redefines Knowledge Requirement for Induced Infringement In a recent decision, authored by Justice Alito and joined by all the other Justices but Justice Kennedy, the Supreme Court redefined the knowledge requirement for finding induced infringement under 35 U.S.C. § 271(b). The case—which centered on a patent for an innovative fryer—provided an opportunity for the Court to elucidate what is required for […] Continue Reading →
Federal Circuit Establishes New Standard for Inequitable Conduct On May 25, 2011 the Federal Circuit released its en banc decision in Theresense, Inc. v. Becton, Dickinson & Co. , in which the Court articulated the appropriate standard for inequitable conduct before the PTO. The majority wrote, “[t]his court now tightens the standards for finding both intent and materiality in order to redirect a […] Continue Reading →
Supreme Court Clarifies Ownership Rights in Federally Funded Inventions Under the Bayh-Dole Act In a 7-2 decision released yesterday, the Supreme Court ruled the University and Small Business Patent Procedures Act of 1980 (“the Bayh-Dole Act”) does not displace the general rule that rights in an invention belong to the inventor, and does not automatically vest title to federally funded inventions in the contractors receiving the federal funds. […] Continue Reading →