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Federal Circuit-Statements in Application Properly Used to Enable Prior Art

One of the basic requirements for the grant of a patent by the USPTO is the invention must be shown to be “new.”In practice, this means that the invention must be sufficiently different from the existing prior art, including patents, publications, and existing products. However, in order for a piece of prior art to preclude […]

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Supreme Court to Review Willful Infringement Standard in Light of Octane Fitness

In the 2014 case of Octane Fitness v. ICON Health & Fitness, the Supreme Court overruled Federal Circuit jurisprudence and provided a flexible framework for district courts to grant attorney’s fees in “exceptional cases”under 35 U.S.C. ยง 285. The Court reasoned that requiring a prevailing party to show “material inappropriate conduct”or that a case was […]

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Understanding the Role and Value of Trade Secrets and how to Protect Them

We all know a core technology can drive a company. As a patent attorney I see this every day.  However, equally important is the Information about the technology or the business itself that can be an invaluable driver of a technology or the company itself. Depending on the technology you work with and the type […]

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Australian High Court Rules Isolated Genes Unpatentable

Whether or not genes are patent-eligible subject matter has been a much-discussed issue over the last several years. The 2013 decision by the U.S. Supreme Court in Ass’n for Molecular Pathology v. Myriad Genetics, Inc. established that that isolated DNA is a product of nature and therefore not patent eligible under Section 101 of Title […]

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