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Category: Patent term


Juggling your Patent Family to Keep Optimal Patent Life
February 20, 2017
Post by Patricia A. Sweeney - Of Counsel
You've filed a patent application that is to a broad, important aspect of your product, and also filed a continuing application to one version of that invention. The narrower second-filed application receives a notice of allowance. But before you pay the issue fee, it is worthwhile to consider whether this second narrower will impact the life of the parent filing. An interpretation o.......
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Kimble v. Marvel-SCOTUS Declines to Overturn Brulotte
June 26, 2015
Post by Blog Staff
            Patent portfolios are often a substantial asset to business associations, and even for the individual inventor an issued patent or two can be Big Business. Patent assignments (i.e. wholesale buying and selling of patents and patent applications) are not the only ways to trade in the commodity. Many transactions take the form of licenses or assign.......
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Federal Circuit Clarifies Patent Term Adjustment
January 23, 2014
Post by Blog Staff
The U.S. Court of Appeals for the Federal Circuit has issued an opinion that provides guidance for how Patent Term Adjustments should be calculated. Between June 2009 and May 2011, Novartis filed four civil lawsuits against the Director of the United States Patent and Trademark Office (PTO) in the United States District Court for the District of Columbia claiming that, for twenty-three of its issued patents, the D.......
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Contract Enforceability Beyond Patent Term
July 23, 2013
Post by Blog Staff
InKimble v. Marvel Enterprises, the plaintiff patent owner appealed the United States District Court for the District of Arizona's decision to not extend royalty payments beyond the life of a licensed patent. The United States Court of Appeals for the Ninth Circuit affirmed the lower court's decision. In December 1990, Kimble met with an officer Marvel to discuss licensing his patent for a device that a.......
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Denial of interim patent term extension affirmed
October 05, 2007
Post by Blog Staff
In a decision rereleased as precedential yesterday, the Federal Circuit affirmed a district court’s denial of a preliminary injunction seeking to compel the Director of the United States Patent and Trademark Office to grant a request for an interim patent term extension under 35 U.S.C. § 156(e)(2).Somerset Pharmaceuticals, Inc. ("Somerset") is the owner of a reissue patent that expired August.......
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Patent Term Extensions: A Leap Frog of Sorts to Set Expiration Date
March 30, 2007
Post by Blog Staff
In a case before the Federal Circuit, the court affirmed the district court's decision that a patent term extension under the Hatch-Waxman Act, 35 U.S.C. § 156, may be applied to a patent subject to a terminal disclaimer under 35 U.S.C. § 253. The Federal Circuit found that the language of § 156 is unambiguous and fulfills a purpose unrelated to and not in conflict with that of § 253. As .......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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